Constitutional Law

NY case against traveller dismissed

Story here. It doesn't name the person, but I know of several arrests at NYC area airport where someone, for example, missed a connection or had a flight cancelled, had firearms in properly checked baggage, but had to retrieve them and check them in again, and were arrested under the NY gun laws. That's clearly covered under the Firearm Owners' Protection Act, 18 USC 926A. That section essentially immunizes a legit traveller from state gun laws provided his possession was legal where he began and where he ended his trip, and the firearm on the trip is stowed in a certain manner.

Chuckle--as I remember, I drafted that section. The first part deals with firearms being transported while stashed outside the passenger compartment. The second provides for vehicles lacking a passenger compartment. That got in because a good friend was a motorcyclist and when I showed him the draft he said "what about us motorcyclists?" because those vehicles don't have a passenger compartment.

Full post as published by Of Arms and the Law on September 25, 2008 (boomark / email).