Any one know about flying with firearms? Specific Question Inside.

[F-Body Demon]

Okay gents,

The deal here is, I am flying tomorrow from North Carolina to New Mexico with a stop in Georgia. I will be bringing my 1911 with me in my checked baggage. And I have already read the TSA's, Delta's, and United's regulations on flying with firearms and I will be traveling in accordance with them. Also I will not be bringing the pistol into any state where it would be illegal.

But...for arguments sake. Lets say my nice little 1911 became a Springfield XDM 9mm with a 19 round magazine. And I was flying from North Carolina to New Mexico...With a stop in California...

Now in that situation, am I violating California law by having a layover there?!

Take it up one notch and say my connecting flight in California gets canceled and I cant fly into New Mexico anymore and I have to leave the airport. But the TSA sees I have a firearm in my bag that isn't California legal. What happens then?

I cant seem to find the info on these situations, but I can definatly see them as being possible. Who's got the info?

 

[NavyLCDR]

Disassemble the magazine and put it back together once it is outside of California. Problem solved.

 

[F-Body Demon]

Okay, sub the pistol for a Black Rifle with all the Cali-No No parts.

 

[NavyLCDR]

As long as the luggage remains checked in California and you do not take possession of it then your travels remain to covered under FOPA (Firearms Owners Protection Act). There is a court case out there where a person was convicted in New Jersey or New York, I don't remember which, because their flight got delayed, they took possession of their luggage and had it with them over night at a hotel. Their possession of the gun was illegal in that state and they were arrested at the airport the next day. The court said that since they took possession of their luggage and took it into their hotel room with them, FOPA did not apply anymore and they were guilty of unlawful possession of a firearm.

Now, the question becomes how do propose to come into possession of a different handgun in a state that is not your state of residence? To do so is a violation of Federal law.

 

[230therapy]

The national law is concerned only with end points. If you can have it in your home state and the destination, then you're fine UNLESS the intermediate jurisdiction decides it wants to mess with you. NY or NJ did this recently.

 

[Shadow 7D]

just pick up a 10 rounder and be done, also check the Cal DOJ website, as you run into 'importation' issues if you 'stopped' there

But the FOPA has been ruled to cover multi-modal transportation, say fly in NY NY and then take a car to your FINAL destination, as you don't 'stop' you are fine.

 

[NavyLCDR]

The national law is concerned only with end points. If you can have it in your home state and the destination, then you're fine UNLESS the intermediate jurisdiction decides it wants to mess with you. NY or NJ did this recently.

Actually, the Federal law covers the person during their travels through the intermediate jurisdiction. Traveling from Maine to Florida and the person gets stopped and arrested in NY for possessing a handgun without a license. IF the handgun was unloaded and locked in the trunk, New York would prosecute and could convict the person in New York state court, but then the person would appeal the conviction to a Federal court who would overturn the conviction because of the Federal Firearms Owners' Protection Act.

States like New York and New Jersey continue to prosecute cases like this because they know that more often than not the person is not going to be able to afford to appeal the case to the Federal court level in order to get the conviction overturned, so instead they make a "plea bargain" and the person pays the $$$$ extortion to the offending state.

 

[fractal7]

For reference here is an update on the case everyone is referring to:

http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/

I doubt you would get diverted all the way to CA but if I had to guess I would say try your best to refuse to take possession of your bags if you get stuck.