Firearm Possession, Feds said Yay, NY said Nay

[Afraid_of_NY]

What is the name of your state? Arizona

A couple of quick facts: AZ is a "Right To Carry" state. I am liscenced "Conceal Carry Weapon" in AZ. I am legal to possess in PA.

Recently I took a trip to see my parents in Pennsylvania. The closest major airport is in Syracuse, New York. I did my homework before I packed my bags to take my firearm with me to my parents home. I complied with TSA, FAA, and the airline regulations for transporting a firearm and was allowed to board my flight at Phoenix Skyharbor w/o incident. I was allowed to collect my baggage at Syracuse Hancock airport. When I returned to the Syracuse, NY airport to return to Phoenix is when my vacation turned into pergatory.

I packed my firearm exactly as it was when I boarded in Arizona. The firearm was unloaded, dissambled, w/ a cable lock through the reciever so the weapon could not be assembled, in the hardsided manufacturer case. There was no ammunition in my baggage or on my person and the bag was locked as well. I checked in for my flight, presented my bags to the TSA agent, declared the weapon in the bag, in aforementioned condition. The TSA agent had me fill out the declaration that the firearm was unloaded. The TSA agent then said that I was fine but, she would need to check with Syracuse Police Department. I know everything is in order so I wasn't worried. SPD asked for identification and my permit, at that point I relinquished my Drivers Liscence and AZ CCW permit. Shorty after that I was told my pistol was being confiscated. On top of that I was arrested and put in jail for not having a NY state pistol permit. I am charged w/ Criminal Posession of a Weapon in the 4th, a Class A Misdemeanor in NY. Maximum jailtime for this is 1 year and DA is pushing for it, atleast she was when I was standing in court dishevelled in waist chains and handcuffs.

Now,
US CODE: Title 18,926A. Interstate transportation of firearms clearly states that I am and was legal to pass through NY state w/o the need for a NY pistol permit. I was arraigned the next morning and I am thankful the judge was a insightful enough to release me on my own recognizance. I have to go back to NY in less that 30 days for what I think is the hearing.

I have never been arrested before and am really trying to find a good council for this. I do not know the legal process as well as I will after this is done. Any advice on the normal proceedings of such matters I would like to thank in advance.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Arizona

A couple of quick facts: AZ is a "Right To Carry" state. I am liscenced "Conceal Carry Weapon" in AZ. I am legal to possess in PA.

Recently I took a trip to see my parents in Pennsylvania. The closest major airport is in Syracuse, New York. I did my homework before I packed my bags to take my firearm with me to my parents home. I complied with TSA, FAA, and the airline regulations for transporting a firearm and was allowed to board my flight at Phoenix Skyharbor w/o incident. I was allowed to collect my baggage at Syracuse Hancock airport. When I returned to the Syracuse, NY airport to return to Phoenix is when my vacation turned into pergatory.

I packed my firearm exactly as it was when I boarded in Arizona. The firearm was unloaded, dissambled, w/ a cable lock through the reciever so the weapon could not be assembled, in the hardsided manufacturer case. There was no ammunition in my baggage or on my person and the bag was locked as well. I checked in for my flight, presented my bags to the TSA agent, declared the weapon in the bag, in aforementioned condition. The TSA agent had me fill out the declaration that the firearm was unloaded. The TSA agent then said that I was fine but, she would need to check with Syracuse Police Department. I know everything is in order so I wasn't worried. SPD asked for identification and my permit, at that point I relinquished my Drivers Liscence and AZ CCW permit. Shorty after that I was told my pistol was being confiscated. On top of that I was arrested and put in jail for not having a NY state pistol permit. I am charged w/ Criminal Posession of a Weapon in the 4th, a Class A Misdemeanor in NY. Maximum jailtime for this is 1 year and DA is pushing for it, atleast she was when I was standing in court dishevelled in waist chains and handcuffs.

Now,
US CODE: Title 18,926A. Interstate transportation of firearms clearly states that I am and was legal to pass through NY state w/o the need for a NY pistol permit. I was arraigned the next morning and I am thankful the judge was a insightful enough to release me on my own recognizance. I have to go back to NY in less that 30 days for what I think is the hearing.

I have never been arrested before and am really trying to find a good council for this. I do not know the legal process as well as I will after this is done. Any advice on the normal proceedings of such matters I would like to thank in advance.

My response:

You know what they say, "When in Rome . . . "

Here's the procedure: Hire a New York attorney.

IAAL

 

[Afraid_of_NY]

My response:

You know what they say, "When in Rome . . . "

Here's the procedure: Hire a New York attorney.

IAAL

This isn't Rome, this is America. Oddly enough there is a Rome, NY though.

I am in the process of researching a few attorneys already. I know enough that my representation must be liscenced to practice law in the jurisdiction of the alleged crime. Thank you for the advice none the less.

 

[I AM ALWAYS LIABLE]

This isn't Rome, this is America. Oddly enough there is a Rome, NY though.

I am in the process of researching a few attorneys already. I know enough that my representation must be liscenced to practice law in the jurisdiction of the alleged crime. Thank you for the advice none the less.

My response:

What the hell does "this is America" have to do with the price of eggs in China? That has got to be the most stupid response to a State's Rights issue I've read in a long time.

Do you mean to say that New York has NO RIGHT to make it's own laws concerning weapons? The fact of the matter is that you FAILED to comply with New York law. You didn't apply for, and obtain, a New York permit. It's as simple as that - - and New York has "State's Rights" over Federal use and carry laws.

Besides, with Homeland Security in place, and the fact that you were in the epicenter of 9/11 to boot, how do you think they'd receive you? With open arms?

I'll bet you had no reason whatsoever to be carrying your gun with you to New York, either - - eh, cowboy? You just thought you could be a big shot. Well, guess what? Your wallet just became a lot lighter as a result.

IAAL

 

[snostar]

§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.


Here's where you are confused, the FOPA covers interstate transportation of a handgun, from a place where you can lawfully posses and carry it to a place where you can legally possess and carry. It ONLY APPLIES TO TRANSPORT IN A MOTOR VEHICLE. It does not cover railroads, ferries or airplanes. When you have a gun in your luggage in NY and it is unloaded, the second you take it out of your car trunk at the airport you are violating NY State Law by being in possession of an unlicensed and unregistered firearm.

 

[Afraid_of_NY]

I don't know who did what to you with a firearm but I am not that person. America has everything to do with the price of eggs in China due to our strong economy and the ability to export eggs to China if the governemt wishes to go through the paces to do so.

My family are country people. Firearms are a part of our life, to include personal protection against bears, wolves, and other wildilfe while we are in the woods gathering firewood for the winter. I was born and raised in northern Pennsylvania good sir. Firearm etiquette and target practice are life neccesities and quality family time together. Which is exactly why I took my sidearm with me when I went home to see them. My father is particular to revolvers, myself to automatics.

If you had taken the time for do a little research of your own by following the url's that I provided in my original post. Federal law in this situation preempts local and state law.

 

[Afraid_of_NY]

The laws are open to interpretation and that is exactly why I am seeking legal council, Snostar. Thank you for your response and time. The link I provided states the law slightly differently than your version. The version I read and understood before deciding to take my firearm with me dictates that reasonable stops are allowed within the state. To include gas, food and rest. Times have changed since the original draft of this law, I find it quite reasonable to include changing ones means of transportation to be included. I am not a lawyer though.

On a side note, the weapon must be stored unloaded and out of easy access. This we agree on, I find it hard to fathom how I would get into the belly of the aircraft to open my luggage at 20,000 feet from the passenger compartment.

 

[I AM ALWAYS LIABLE]

§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.


Here's where you are confused, the FOPA covers interstate transportation of a handgun, from a place where you can lawfully posses and carry it to a place where you can legally possess and carry. It ONLY APPLIES TO TRANSPORT IN A MOTOR VEHICLE. It does not cover railroads, ferries or airplanes. When you have a gun in your luggage in NY and it is unloaded, the second you take it out of your car trunk at the airport you are violating NY State Law by being in possession of an unlicensed and unregistered firearm.

My response:

No, cowboy. Here's where you're misunderstanding - -

"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof . . ."

It's that part of the first sentence that you're not understanding. And that's where Federal law is complying with States' Rights; i.e., It's that first sentence where the Feds say that any State has a "right" to promulgate its own laws concerning "carrying". New York has, and exercises, that "right".

You're going to the pokey, cowboy.

IAAL

 

[snostar]

IAAL - are you calling me a cowboy?

 

[I AM ALWAYS LIABLE]

IAAL - are you calling me a cowboy?

My response:

No. I just saw that it was you that quoted the Federal law. And, as it turns out, our writer was relying on that same, or similar, law. What he fails to understand is that New York is allowed to make its own laws in this regard.

Further, he failed, beforehand, to obtain a New York "carry" permit. It's as simple as that.

IAAL

 

[snostar]

The District Attorney in Albany County and Queens issued an order (don’t have a link though) approximately 22 months ago to arrest anyone coming through the airports with a handgun in their luggage, regardless if the handgun was being transported properly by FAA regulations. The criteria is: if you do not have a NY license, you are charged.

Bottom line, UNLESS you are in possession of a VALID New York pistol license, DO NOT bring a handgun in your luggage to the airport, you will be charged.
This is not being done in any other state in the country except at Logan international in Boston as far as I know.

 

[Afraid_of_NY]

Well then, it seems I have offended the english language with my interpreting of "notwithstanding" as a preposition.

Main Entry: 1not·with·stand·ing
Pronunciation: "nät-with-'stan-di[ng], -wi[th]-
Function: preposition
Etymology: Middle English notwithstonding, from not + withstonding, present participle of withstonden to withstand
: DESPITE <notwithstanding their lack of experience, they were an immediate success> -- often used after its object <the motion passed, our objection notwithstanding>

Care of Marriam-Webster.

 

[I AM ALWAYS LIABLE]

The District Attorney in Albany County and Queens issued an order (don’t have a link though) approximately 22 months ago to arrest anyone coming through the airports with a handgun in their luggage, regardless if the handgun was being transported properly by FAA regulations. The criteria is: if you do not have a NY license, you are charged.

Bottom line, UNLESS you are in possession of a VALID New York pistol license, DO NOT bring a handgun in your luggage to the airport, you will be charged.
This is not being done in any other state in the country except at Logan international in Boston as far as I know.

My response:

I'd like to see "cowboy" try this at Los Angeles International (LAX). The LAPD would swarm him and would have about 20 pair of handcuffs on him, slapped on all at once, BEFORE he took another step.

IAAL

 

[I AM ALWAYS LIABLE]

Well then, it seems I have offended the english language with my interpreting of "notwithstanding" as a preposition.

Main Entry: 1not·with·stand·ing
Pronunciation: "nät-with-'stan-di[ng], -wi[th]-
Function: preposition
Etymology: Middle English notwithstonding, from not + withstonding, present participle of withstonden to withstand
: DESPITE <notwithstanding their lack of experience, they were an immediate success> -- often used after its object <the motion passed, our objection notwithstanding>

Care of Marriam-Webster.

My response:

Okay, so what's your point? Are you always this glib when you're staring at one year at Riker's Island?

IAAL

 

[You Are Guilty]

FWIW, NYC not only strictly enforces concealed/carried firearms, its permitting procedure is probably the toughest in the country. In fact, a NYS carry permit is not sufficient in NYC, you still need a separate license.

That being said, our intrepid cowboy (who's using his Glock 9mm to shoot at "wolves" apparently), will not be going to Rikers, a lovely House of Detention located in scenic northern Queens County, is reserved for crimes committed in NYC. Syracuse (Onondoga County) is home to many of its own wonderful prisons and jails (of couse, they're mostly filled with criminals from NYC though). However, I am quite sure they will be happy to accomidate our OP for his year "vacation" from chopping wood and shootin' possum.