This is a 4th Amendment case. It has nothing to do with FOPA. The issue here was whether or not the cop had reasonable articulable suspicion to search the vehicle based on his observation of a gun case ON THE BACK SEAT.
So here is how this man fails the FOPA requirments:
1) He had a LOADED glock with him
2) The vehicle did not have a trunk. So for FOPA protection, the firearms would need to be in locked cases. Not, zippered pouches.
The prosecutor said "Basically, if someone is moving... from Residence A to Residence B, or transporting, say, for example, they just purchased it, so they can transport it to their home, if they are properly secured, locked in a trunk, locked in a special lockbox and unloaded, then that would most likely provide an exception to these requirements"
Hes saying that if the guns were in locked cases in the back of his SUV, he would not have prosecuted.
Also, note that of the items he was actually CONVICTED of, two of the four were not directly Firearms charges. They related to possession of hollow point bullets and a standard capacity magazine. These two items are not covered by FOPA's safe passage clause.
So really, this case has absolutely nothing to do with FOPA protections.
Don