bringing firearm to nj for flight to ak

[MLeake]

Aguila Blanca...

.... I'm aware of the recent case at Newark. I'm saying that I've read about a previous case, in the New York area, that was NOT the Newark case.

 

[NJgunowner]

Look, NJ sucks end of story. There argument solved

 

[Spats McGee]

Caveat: I am not a New Jersey lawyer.

. . . .The FOPA says that if the vehicle doesn't have a separate trunk, "Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."

IIRC the New Jersey version says "and" rather than "or." The FOPA would trump the NJ version, legally, but why take a chance.

With all due respect, I know that your position is "why take the chance," but I'd still be cautious about the underlined statement. While it is absolutely true in the literal, Supremacy Clause kind of way, I'm not sure that there's a clear conflict between the NJ law and the federal FOPA. Federal firearms law has a specific statute on the effect that it is intended to have on state law, 18 USC § 927.

§ 927. Effect on State law
No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together.

18 U.S.C.A. § 927 (West)

(emphasis supplied)

If federal law requires that ammo or firearm be stored in a locked container other than the console or glove compartment, and state law requires that ammo and firearm be so stored, it's entirely possible that state law will be held not to conflict with federal law at all.

 

[brickeyee]

But asking that the courts apply the law as it was obviously intended to be used is not legislating from the bench.

Absent a very clear Congressional intent, usually found by reviewing the debate over a bill from the Congressional Record, there is not room for a court to add exceptions to an otherwise tightly drawn law.

Congress simply failed to think through all the possible repercussions, and then document them in the law in a manner allowing a court to find them.

At least some of the problem with poorly written laws can probably be plased at the feet of the second rate attorneys that usually end up there.

If they were all that good they would be earning so much money they would be foolish to enter politics.