Firearm Transportation

The clear intent of the law was to ensure that law-abiding persons could transport firearms between two locations where they have a legal right to possess and carry them.

Examples of Reckless Prosecutions:

• In 2004, the Port Authority Police Department (PAPD) arrested John Torraco at LaGuardia Airport for illegal possession of a firearm.  Torraco, an attorney and law professor from Florida, had properly stored his legally owned, unloaded handgun in his checked luggage.  However, when he declared the firearm to the counter agent (as required by federal law) he was arrested and charged for possessing the handgun without a New York handgun license.
    
• In 2005, William Winstanley, a New York state resident, was detained at John F. Kennedy International Airport when he attempted to check a handgun in his luggage, again in compliance with the requirements of § 926A.  Winstanley was not arrested, but his travel was delayed for several days while he proved that he was in compliance with federal law.

• In 2005, Greg Revell, a Utah resident, was flying through Newark Liberty International Airport to his final destination in Pennsylvania. However, his flight into New Jersey was late, which caused him to miss his connecting flight. Revell was forced to collect his baggage and spend the night in a Newark hotel. When he attempted to recheck his baggage the following morning, he declared the unloaded handgun to the counter agent. PAPD officers arrested Revell for illegal possession of a handgun and ammunition under New Jersey law.  Revell spent three days in jail before he was able to make bail.

Each of these gun owners filed a civil rights suit in federal court.  In each case, however, the courts interpreted the law to deprive travelers who comply with its provisions of any effective remedy after they’ve been arrested or detained by police for violation of state or local law. Many other cases have resulted in guilty pleas to reduced charges, civil penalties, and delayed travel in situations where FOPA should have provided protection.

While cases of inappropriate arrest or detention are most common at the New York City airports, they are not limited to those locations. In Albany, N.Y., detention of gun owners and confiscation of firearms have been reported by persons traveling in full compliance with § 926A.  The NRA has been forced to repeatedly warn gun owners that they should avoid using New York or New Jersey airports when traveling with firearms.

The clear intent of the law was to ensure that law-abiding persons could transport firearms between two locations where they have a legal right to possess and carry them.  However, the refusal of the authorities in some jurisdictions to recognize § 926A, and the limitations placed on its protections by the courts, makes reform of this section necessary.

The new bill would:

• Expand the protections afforded travelers to include “staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment; and any other activity incidental” to the trip.
   
• Put the burden of proof clearly on the state to show that a traveler did not meet the requirements of § 926A, rather than allow travelers to be arrested on local charges and forced to raise § 926A before a judge as an “affirmative defense.”
   
• Make clear that transportation of both firearms and ammunition is federally protected.
   
• Make clear that violation of the right to transport firearms is judicially enforceable as a federal civil right, with attorney’s fees available to victorious plaintiffs in civil suits, as well as to defendants who prevail in criminal cases after raising a FOPA defense.

Finally, it's important to understand that this bill is not a national right-to-carry bill intended to protect carrying of guns for self-protection. This is a much more limited reform, intended only to provide real legal protection for people transporting unloaded guns that are cased or otherwise secured against immediate access.

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