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This would be one of those cases where, if it came to it, the courts would have to interpret the intent of the law. Since FOPA does explicitly mention ammunition and other courts have found that magazines constitute an indispensable part of a firearm, a good lawyer could make the case that the intent of the law was to also cover ammo and mags. But that would probably have to happen at the appellate level and I certainly would not want to be the test case. As far as I know, no such case has ever been adjudicated.There isn't one, because FOPA is silent on that issue. The pant shitters believe FOPA does nothing for things like mags or so called "AWs" and so on.
My personal opinion is that if you're running under FOPA with your shit locked up/encased (including supposed "prohibited" items, etc. ) and out of view/touch, then it's not anything worth getting bent about.
I've never heard of this phantasm becoming a real problem in that circumstance.
If this were the case, and everyone believed that, there would be no reason to file a bill to amend the law, which people presumably more in the know than we have done.This would be one of those cases where, if it came to it, the courts would have to interpret the intent of the law. Since FOPA does explicitly mention ammunition and other courts have found that magazines constitute an indispensable part of a firearm, a good lawyer could make the case that the intent of the law was to also cover ammo and mags. But that would probably have to happen at the appellate level and I certainly would not want to be the test case. As far as I know, no such case has ever been adjudicated.
You could use that paper to fight your way out of Rikers.First first time I drove west almost 2 decades ago I heard the same horror stories about NY. I finally ended up calling the local ATF Boston office to ask them about the legality‘s of traveling through New York with firearms. They sited the fed laws allowing me to do it and told me to print it out and carry it With me to present if pulled over. They were very helpful. Would it have made a difference if some NY JBT trooper pulled me over? who knows. But I knew I was legal.
I wasn’t saying that the courts would HAVE to find that the law covered mags and ammo. I was saying that there would be a good legal argument for this interpretation. Laws are often amended to make them clearer and remove any ambiguity from the interpretation thereof. Laws are often ambiguous as originally written. Sometimes they are clarified by the courts, sometimes by additional legislation. It would be very difficult to write a law that was completely unambiguous. I like to look at the famous mathematical cooperative referred to by the nom-de-plume Nicolas Bourbaki. That group has been trying to write the definitive mathematics text since 1934. It took them many many pages just to clearly define the “identity element”, i.e. the number 1. Most laws have certain ambiguities since to eliminate them all wold require them to be ridiculously long. That’s one of the things courts do, interpret the intent of a law.If this were the case, and everyone believed that, there would be no reason to file a bill to amend the law, which people presumably more in the know than we have done.
I have combo locks on all my shit. For this and many other reasons....like losing my keys.Here's why I recommend a combination lock:
The 4th Amendment protects against unreasonable searches, but there are a bunch of exceptions. The two that are important here are the automobile exception and the inventory exception. In many jurisdictions, a locked container is not fair game under the automobile exception. They seize the container and apply for a search warrant. In obtaining that warrant, the police need to articulate probable cause to believe the box contains evidence of a crime.
An inventory is "intended" to protect the police from false accusations of theft. Allowing the police to open a locked container defeats that purpose.
As unbelievable as it may sound, police have been known to claim someone consented when they did not, or claim the key was in the lock and not the defendant's pocket.
When the police smash open the box to get inside, their claim of consent doesn't carry much weight. Of course, the existence of the locked box may not make it into the report and they'll claim the gun was sitting, loaded, on the back seat in plain view.
An hour?? It took me 45min and they apologized for the wait!You could spend an hour in Scranton and get a PA non-res for $25 on the way, just a thought to make it more worthwhile
Only took me maybe 20 minutes in the courthouse but with parking, walking around etc I spent a bit more time Its real convenient from I-81, only a few minutes to the courthouse areaAn hour?? It took me 45min and they apologized for the wait!
I know a boat owner that could have been hospitalized with exposure,I have combo locks on all my shit. For this and many other reasons....like losing my keys.
Every time I see FOPA, I think of the old Noah routine by Bill Cosby. "Voopa, voopa, voopa. . . . NOAH! WHAT!?!?!?!"
i make a similar trip all the time. WHY would you go thru NY state? Cross over into PA, BRIEFLY going thru NY at Danbury. then go I80 thru PA until ohio. Problem solved.I am driving to Wisconsin tomorrow to visit my first grandchild. I am legal in Mass and Wisconsin to carry but I have heard horror stories of people getting pinched in new york for transport. I would lock the pistol in a compartment that I cannot access from in the vehicle as well as ammo in another. From what I have read New York had laws that contradict federal law for fopa.
Can anyone cite a person convicted or arrested for it? It really sucks. I can not leave new England without passing thru New York and it is the only state I would drive thru that has me worried.
Thank god I got a power boatI know a boat owner that could have been hospitalized with exposure,
or worse, because of combination locks.
Late in the season, after the evening's race and subsequent socializing in the yacht club bar,
he takes the launch's last ride of the night through the mooring field to overnight on his boat.
Waves goodnight to the launch captain, and pokes around topside for a while.
Maybe has a nightcap in the cockpit. And then it's time to go below and hit the bunk.
The companionway hatch has a combination lock -
that lets crew start rigging the boat for racing without needing a key
if they arrive first on a race day.
But the lock is latched.
There's no moon, and his flashlight isn't in his duffel bag.
The launch driver is long gone, it's a weeknight,
and no one else is in the mooring field, or at least partying topside.
It's late September/early October, and getting windy,
but there's no jacket in the bag. Even if he swam ashore,
he'd be on the wrong side of the harbor, miles from his car.
And then he remembered he was wearing a Timex Indiglo watch...
But should I do 67mph or 68mph to avoid suspicion?
That is f-ing wild.
Ha ha
I think you're talking about the bit where he is a kid, climbs inside the toilet tank, pretends it's a submarine, flushes it, floods the bathroom, etc?
I had that album back in the 80's I think. It was absolutely hilarious!
I still remember the time one of you guys cut through the middle of a racing fleet,Thank god I got a power boat
Sounds like a restriction on interstate commerce.CT says that you can do any of the following with "assault weapons" that are NOT pre-ban, (the 1994 Federal pre-ban, not Maura's made up FAQ; note that pre-ban MSRs don't have the same restrictions):
1) Continue to possess them if they were declared before January 1, 2014
2) Transfer them to an FFL
3) Transfer them out of state
CT says that you can do any of the following with "assault weapons" that are NOT pre-ban, (the 1994 Federal pre-ban, not Maura's made up FAQ; note that pre-ban MSRs don't have the same restrictions):
1) Continue to possess them if they were declared before January 1, 2014
2) Transfer them to an FFL
3) Transfer them out of state
I'm pretty sure that's Noah building the ark. With his neighbors laughing at him.
Yup -
View: https://www.youtube.com/watch?v=CgsFCyD4nEw
Transporting them to your house in GA is NOT an out of state transfer. Transport does not equal transfer.
Show me on the map how to drive out of New England to anywhere else without going through New York (or Canada).i make a similar trip all the time. WHY would you go thru NY state?
True, but one can minimize their exposure (ex. take I84 & I80 vs. I90)Show me on the map how to drive out of New England to anywhere else without going through New York (or Canada).
You forgot:I always amazed that people actually believe cops will not notice the equivocation in these mealy-mouthed responses.
Cop: "Do you have any weapons in the car?"
MM: "I have no weapons on my person, officer."
Cop: "Is that what I asked? Step out of the car."
Cop: "Do you have any weapons in the car?"
MM: "I have no illegal weapons, officer."
Cop: "Is that what I asked? Step out of the car."
Same people:
Cop: "Do you know how fast you were going?"
MM (cruise control set at 80mph): "Nope."
Cop: "Do you know why I stopped you?"
MM (tried to make the yellow light): "Nope."
Taking them home to GA isn't the problem. Bringing them back into CT is the problem.
Taking them home to GA isn't the problem. Bringing them back into CT is the problem.
Lodging is NOT covered under FOPA. The PA guy staying overnight at NJ airport spent 3 yrs in NJ prison, lost all appeals.Dear Original Poster,
I just saw this. To all the people telling you to avoid NY, or drive around it, bull crap.
Last year I offered to give $100 to the pro gun charity of the choice of anyone who could come up with a single instance of an otherwise law abiding citizen screwed while transporting a gun by car in NY, DC, or NJ.
I still have the money.
The simple fact is that if you drive normally, only make stops incidental to the trip (food , fuel, lodging, auto repairs if necessary) and pack your guns in compliance with the Safe Passage portion of FOPA, then you have NOTHING to worry about. NOTHING.
p.s. Before all of you scramble off and goodgle that woman or that guy recently screwed by NJ, do realize they were not anywhere near in compliance with FOPA.
Lodging IS covered if it is incidental to the trip. If you need to stop to sleep, you are covered under FOPA.Lodging is NOT covered under FOPA. The PA guy staying overnight at NJ airport spent 3 yrs in NJ prison, lost all appeals.