But not if he was traveling to New York. If the firearm isn't legal in the destination state, then you aren't covered by FOPA when you get there.If he was traveling he is covered by the federal law
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...
So what was his violation in checking a Glock in the TSA Manner?
If he was traveling he is covered by the federal law, but that does not stop NYC from charging him.
However, "if the weapon is not illegal and the person can prove that they are duly licensed to possess the weapon in their state, then they could walk away with just a violation [a non-criminal offense with a fine]. But in all cases the weapons are confiscated and destroyed," Mr. Ryan said.
Tea Party Patriots co-founder Mark Meckler was taken into custody Thursday morning after he tried to check in for a Delta flight to Detroit with a locked gun box containing a Glock pistol and 19 cartridges of ammunition, Queens prosecutors said.
Does FOPA cover someone passing through a state but needs to stop at a motel for the night?
This is true, or at least they can try.FOPA does not define al the conditions, meaning places like NY City can exploit the gaps in the law.
It has been argued that in some cases it would be unrealistic for it not to. But, again, if you're stopping for the night -- and also to do a little sightseeing or have a business meeting, then NO, that state is a destination and thus, you're not protected by FOPA.Does FOPA cover someone passing through a state but needs to stop at a motel for the night?
...a test case to over turn state handgun registration laws ...