TriggerFinger


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 Tue Sep 24 01:39:36 CDT 2013 by TriggerFinger and last updated 2013-09-26 06:15:58.0. [Tweet]

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