TriggerFinger





BlogRoll

From the Barrel of a Gun
Lurking Rhythmically
Random Nuclear Strikes
Daily Pundit
Borepatch
Only Guns and Money
Mostly Cajun
Massad Ayoob
The View From North Central Idaho
Armed and Dangerous
Hell in a Handbasket
View From The Porch
Patterico
Guns, Cars, and Tech
Alphecca
Legal Insurrection
Irons in the Fire
Volokh Conspiracy
Snowflakes in Hell
Shot in the Dark
MArooned
Power Line
Michael Bane
Reason
The Smallest Minority
Publicola
Sharp as a Marble
The Silicon Greybeard
3 boxes of BS
Saysuncle
Alphecca
Of Arms and the Law
Bacon, Alcohol, Tobacco, Firearms, Explosives
Infodancer
Speculative Fiction
GunBlogBlackList
John Lott
Confiscation
IRS Scandal
Monster Hunter Nation
Right to be Armed

Most Popular

Featured Posts

Subscribe to Atom Feed

Tweets by @TriggerBlog


Archives

Third Circuit rules New Jersey can continue to confiscate firearms from travelers


The ruling purports to limit the protections of the Firearm Owners Protection Act to people traveling by vehicle, meaning those who are traveling by air and must pass through the New Jersey airport to make a connecting flight are not protected. This is obviously contrary to both the plain text of the law and its intent.

I expect there will be appeals on this, but in the meantime, make sure you aren't anywhere near the 3rd Circuit when flying with a firearm. Even if you aren't scheduled to land there, you don't know where circumstances might force the plane to land.

UPDATE: The link above is new, but refers to an older case. New Jersey has been ignoring this law for years, but courts rejecting new challenges will occasionally be news due to Heller and McDonald opening up new 2nd Amendment precedent. The correct case, which was decided September 13th, 2013, is here.

The gist of the ruling is that FOPA supposedly protects transporting your firearm in a vehicle, while the firearm is locked up in a container not accessible from the passenger compartment. That works for cars, of course. You could easily extend it to air travel. The problem comes when the plane lands -- such as for a layover, or to change planes -- and the passenger retrieves the firearm and carries it with them, on their person, to another vehicle. That walk through the airport is supposedly not protected.

This entry was published 2013-09-24 01:39:36.0 by TriggerFinger and last updated 2013-09-26 06:15:58.0. [Tweet]

comments powered by Disqus

Recent Entries

Most Popular

Featured Entries

If you would like to receive new posts by email:

I am not a lawyer, and nothing on this site should be taken as legal advice. this site is run on custom blog software and is being actively developed. Please be forgiving of errors.


This website is an Amazon affiliate and will receive financial compensation for products purchased from Amazon through links on this site.