3 ms·

No, there's explicit legislation at the federal level making it legal to transport firearms. This overrides any state and local laws. The conditions are basical

No, there's explicit legislation at the federal level making it legal to transport firearms. This overrides any state and local laws. The conditions are basically: (a) You can legally possess the gun at your origin and ultimate destination; (b) you take a reasonable route between them; (c) firearm is unloaded and not immediately accessible. See http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#.22Safe_passage.22_provision http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#....

hga 17y ago
That makes it legal, but: It obviously doesn't stop an abusive law enforcement agency from ignoring the law, e.g. the New Jersey State Police were notorious for doing that until they got slapped down enough times. The FOPA provides a defense; legally, as a matter of procedure, all it does it allow you to get a case dismissed. And as noted, it has specifically has not stopped travelers in the cited airports from getting arrested when they were forced to take possession of their luggage en route due to a diversion or whatever. (In fact, if you were to take gun to a hotel in such a situation the FOPA wouldn't protect you at all, would it?)
- fatdog789 17y ago
  You don't understand how FOPA works. FOPA is not merely a procedural defense. It is a due process protection against being arrested for mere firearm possession by local authorities. In that situation, FOPA provides for automatic dismissal; the burden is on the local jurisdiction to prove that FOPA does not apply. TSA stops are not arrests; the TSA is a federal agency, and so FOPA does not bar the TSA from detaining persons for firearm possession.
- tedunangst 17y ago
  You've "noted" this happening several times, but so far, you're the only source of this info.
  - hga 17y ago
    Grrr, there are too many false positives for me to be able to find a case using Google (i.e. people trying to take guns through security, theft of guns in checked baggage, etc.). So this is going to have to a matter of trust: trust my memory and distrust notoriously anti-gun cities/states. Or not, it's your time, money and freedom on the line. I should also note that the usual point of arrest is after the victim accepts his checked baggage, when he later declares the firearm at the baggage counter when restarting his journey.

hga 17y ago

That makes it legal, but: It obviously doesn't stop an abusive law enforcement agency from ignoring the law, e.g. the New Jersey State Police were notorious for doing that until they got slapped down enough times. The FOPA provides a defense; legally, as a matter of procedure, all it does it allow you to get a case dismissed. And as noted, it has specifically has not stopped travelers in the cited airports from getting arrested when they were forced to take possession of their luggage en route due to a diversion or whatever. (In fact, if you were to take gun to a hotel in such a situation the FOPA wouldn't protect you at all, would it?)

fatdog789 17y ago
You don't understand how FOPA works. FOPA is not merely a procedural defense. It is a due process protection against being arrested for mere firearm possession by local authorities. In that situation, FOPA provides for automatic dismissal; the burden is on the local jurisdiction to prove that FOPA does not apply. TSA stops are not arrests; the TSA is a federal agency, and so FOPA does not bar the TSA from detaining persons for firearm possession.
tedunangst 17y ago
You've "noted" this happening several times, but so far, you're the only source of this info.
- hga 17y ago
  Grrr, there are too many false positives for me to be able to find a case using Google (i.e. people trying to take guns through security, theft of guns in checked baggage, etc.). So this is going to have to a matter of trust: trust my memory and distrust notoriously anti-gun cities/states. Or not, it's your time, money and freedom on the line. I should also note that the usual point of arrest is after the victim accepts his checked baggage, when he later declares the firearm at the baggage counter when restarting his journey.