New York and CCW

Ok

Post #14:
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Thanks. Nothing like Bottom Line Up Front and not burying your question in the middle of thread, LOL.

He wants to drive from Pennsylvania to Buffalo NY to catch a plane to San Diego?

If he is legal to own the pistol in Pennsylvania and legal to own it in San Diego the he should be protected by FOPA.

Aguila Blanca is right though in that he is taking a risk just because he is in the New York/New Jersey area. I would call the airline and confirm their traveling with firearms rules and make a good assessment of your travel plans to ensure you will be "uninterrupted" if he decides to take that risk.
 
If he is legal to own the pistol in Pennsylvania and legal to own it in San Diego the he should be protected by FOPA.
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FOPA protection is a possible avenue that his defense lawyer can claim after he is arrested...….

After he is arrested, let that sink in for a minute.
 
He wants to drive from Pennsylvania to Buffalo NY to catch a plane to San Diego?

If he is legal to own the pistol in Pennsylvania and legal to own it in San Diego the he should be protected by FOPA.
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He SHOULD be, but we don't know that he will be. Again, it is the specifics that could make the difference.

Consider this, an argument can be made that his trip from PA into NY is not necessary. He is willfully crossing into a state where his pistol isn't legal, when he has no need to do so. Airplanes do fly from PA to CA. He could (and probably ought to) fly out of PA where he is legal to CA where he is legal.

The reason he's going to Buffalo would be for his convenience, not for necessity. The law doesn't care if it is more expensive to fly from PA, or if it would mean not flying on the day you WANT to, or that you might have to drive twice as far to get to the airport, all the law cares about is the law, and your actions in regard to the law.

It might even be possible he could check his pistol with the airline in PA, (early enough before flying so it can be shipped to Buffalo to travel with the rest of his baggage) then drive to Buffalo and board the plane, completely in the clear, legally.

I think it quite likely that a court could deny a FOPA defense for the reasons stated above.

OF course, there's always the Appeals process...:rolleyes:
 
Several topics these days here could read, "50 shades of Law"
Nothing is ever black or white, true or false.


People should have every right to travel with the ability to defend themselves.
It get the whole (not in a plane thing) but after you land.

But for now, it doesn't make sense to be a beta tester.
 
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