Tea party patriots co-founder arrested on gun charges at nyc airport

If he was in NY for several days - did the gun materialize at the airport? Did someone with the legal right to have it - give it to him at the gate?

Is such a transfer legal?

I think he screwed himself for not understanding such.

That being said - I think it is a constitutional issue that you can be convicted of a felony for an action legal in so many states - that of being a law abiding citizen possessing a firearm. Unfortunately, Heller, etc. did not wash away all restrictions against law abiding citizens simply owning and transporting firearms.
 
I don't see where it's entirely obvious that he stayed in New York during the period of his "stopover". Could well be he rented/borrowed a car and drove to Pennsylvania, for example, during the period between his arrival into and planned departure from New York.

As far as I can tell, compliance with FOPA has not been entirely disproven.
 
Well, it should be easy to track his time and place. We will have to see. If he didn't go directly to the airport but stayed overnight - that's going to be trouble.

If at trial - this should be a constitutional case and pushed to the highest levels - even if he was remiss in following NY's ridiculous laws.
 
Glenn E. Meyer said:
That being said - I think it is a constitutional issue that you can be convicted of a felony for an action legal in so many states - that of being a law abiding citizen possessing a firearm. Unfortunately, Heller, etc. did not wash away all restrictions against law abiding citizens simply owning and transporting firearms.
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I agree with this completely. I am an "originalist" (or "strict constructionist," if you prefer). The 2nd Amendment clearly says the RKBA "shall not be infringed," yet the SCOTUS has apparently ruled that the RKBA CAN be infringed -- but not unreasonably. Nowhere have I ever suggested that I like or support or agree with New York's (or New Jersey's, or Illinois') draconian firearms laws. But, unless and until overruled by the Supreme Court, those ARE the laws in those jurisdictions.

I don't think arguments about "he might have slept in Pennsylvania" are really productive. He was arrested in a NEW YORK airport with a handgun he is not legal to possess in New York. That's prima facie evidence of a violation. The State of New York does not have to prove that he slept in New York Wednesday night -- if he's going to claim FOPA protection, then he's going to have to prove that his journey originated in some jurisdiction where he is legally allowed to have a handgun.

FWIW, he is apparently not making that claim. Instead, he seems to be trying to claim that a trip involving a multi-day stop IN NYC was not a trip "to" NYC but was "transiting through" NYC. I have to say, I'm as pro-RKBA as they come (or nearly so), and I wouldn't buy that argument.
 
Why are you all so worried about FOPA. The fact is New York ids wrong for stepping on the 2nd amendment.

He has the right to bear arms under the 2nd amendment and he has the right to own that gun under Article IV section one of the constitution. Some of you think he is a dummy, I think he knows exactly what he is doing and is the first man with a little clout, influence and money to make a Federal case out of this. New York and Mayor Booperburger needs to have his law shoved down his throat till he chokes on it.

Bloomingbergermeister has been all over the country with his sting operations and is constantly in court with his lawsuits harassing gun makers and dealers. His corruption riddled MAIG is a propaganda machine for his anti-American ideals and he needs to be slapped up alongside the head with cold hard facts. We had our test case in Chicago and won, we had our test case in Washington DC and won. Now it is New York's turn to get spanked. This garbage of screaming anti-second liberals riding rough shod over the people of the USA has to stop and where better to do it than New York City.
 
A fundamental prerequisite of the FOPA is that possession (or "carry") of the firearm must be legal in the place where the journey begins and the place where the journey ends
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I am assuming that Meckler's journey did begin in a state where possession is legal. Meckler is a CA resident, so that is a logical starting point for the journey. But so far there is nothing definitive on that.

Constructive possession under New York law could indeed be problematic with regard to FOPA. If he's smart, Meckler left the gun in a locker at the airport during his little travel break.

If the State of New York is smart, it will drop the charges.

Alan Gura must be teething at the bit on this one.

If he isn't involved already.

There's a good possibility this case has been tailored on in advance.
 
Sounds like he stayed in NYC for two days. That will present a problem to his defense. FOPA does not cover that. There is discussion whether FOPA covers stopping at a gas station and eating as well. If this man did this on purpose, oh my, I think he will see jail time out of this and be forgotten from the front page all to soon.
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I remember a story of a guy who was supposed to get a connecting flight in NJ, flight was canceled because of weather. When he tried to check his firearm the next day they arrested him. I really don't care what the law does and does not say, it doesn't take a moron to figure out the above situation is unjust.
 
I agree NYC would be smart to drop the charges as they do in the majority of similar cases and issue a find instead. However, whoever accused NYC officials of being smart in the first place?
 
Alaska444, it's possible that Mr. Meckler deliberately pushed the issue so that charges would be filed against him. That may have been his goal.
 
What would be interesting is for a few hundred activists who ARE in strict compliance with the FOPA to start showing up for flights at JFK, declaring firearms according to procedure, and see how many arrests ensue. They could just politely refuse to answer questions pertaining to destination, length of trip, origin, etc.
 
Secret Agent Man said:
Aguila Blanca said:
A fundamental prerequisite of the FOPA is that possession (or "carry") of the firearm must be legal in the place where the journey begins and the place where the journey ends
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I am assuming that Meckler's journey did begin in a state where possession is legal. Meckler is a CA resident, so that is a logical starting point for the journey. But so far there is nothing definitive on that.
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But there IS something definitive on that. The reports state that he was arrested on a Thursday and had been in NYC since Sunday. I don't understand why you would assume his journey began in a state where he's legal when the available information clearly indicates that it did not. The information available to us at this time is very persuasive that he screwed up, and that the protection of the FOPA is not available to him because he didn't do his homework.

This case is NOT the same as that of Greg Revell. Revell was not traveling to Newark, NJ, and he transacted no business while he was there. Revell was in transit, and was forced to spend a night in a hotel on the airport grounds (or immediately adjacent thereto) solely because of a missed connection. Revell's overnight stay was clearly part and parcel of his trip from one place where he was legal to another place where he was legal. By contrast, Mr. Tea Party Patriot traveled TO NYC and spent several days and nights there, transacting business and meeting with people. He was not transiting through New York -- he went TO New York, and his visit to the airport was the start of a new trip to take him home from NYC.
 
Today, 01:54 PM #51
Don H
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Join Date: May 8, 2000
Location: SLC,Utah
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Alaska444, it's possible that Mr. Meckler deliberately pushed the issue so that charges would be filed against him. That may have been his goal.
__________________
Don

http://www.utahconcealedcarry.com/forum/
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If that is true, why not fly into Boston, then NYC at the same time. Deliberate provocation in this manner, makes no sense to me. Just my opinion, but if he did it on purpose, I seriously doubt he will win this case. If speculation is all true, then his actions are clearly foolish to say the least. The best he can hope for is dismissal with a fine.
 
Deliberate provocation in this manner, makes no sense to me.
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It gives you standing to challenge the law since it has been enforced against you.

You (generally) cannot challenge a law that has done you no harm.
You lack standing.
 
Like many of you, my first thought when I read this was: "He's starting a lawsuit." It's entirely possible that he stayed in NY a couple of days for the purpose of removing FOPA from the equation. As a practical matter, he's the only one that would raise FOPA. NY has no reason to do so. However, he may think that an uncluttered "NY v. 2A" case is the way to go.
 
Guilty.
He went to a NY airport with an unlicensed (in NY) handgun. That part is a slam dunk. He did it, and is not contgesting that.

I don't see FOPA being applicable, based on the information given. Unless he can convince a jury that starting in one place, going to NYC, stopping for several days, and then (planning to) go to another place is a single journey.

Most folks won't see it that way. Except for an overnight stay caused by a delayed or cancelled flight, the journey stops when you leave the airport, and a second journey begins when you return to fly out. Certainly if there is several days time difference between arrival and departure, it will be considered two different trips, and FOPA will not apply.

The guy is a lawyer, and a political figure. I simply cannot believe he was unaware of the legal ramifications of his actions. If he was unaware, then I think the political system is better off without him in it.

Assuming he was aware, he certainly did violate the law. As mentioned before, this will give him "standing" to appeal all the way up the chain. He may not win, and will certainly suffer expense, incarceration, and loss of legal rights during the process. But if he does win, he will have won a victory for all of us, and should be lauded for that, and compensated for his suffering, as well.

Personally, I wish him luck.
 
FOPA does not apply here because the guy spent a couple nights in NY City. The NRA and other gun rights groups used to warn travelers about guns in luggage checked to LaGuardia, JFK and Newark. Dozens of travelers have been charged with felonies for violating NY gun law. If you get diverted to NY City and have a gun in your luggage, do not retrieve your bags.

Assuming the lawyer flew into LaGuardia, he violated the law when he retrieved his luggage. Some gun toting travelers are arrested when they retrieve their bags; more are arrested when they depart NY City by air.

Both JFK and LaGuardia come under the jurisdiction of the Queens DA. The Queens DA does not play games when it comes to violation of gun laws. If this lawyer is smart he will get himself a good NY City lawyer who will attempt a plea bargain to a misdemeanor. A felony conviction results in revocation of his license to practice law.

Below is a link to a NY City law firm that handles airport gun cases. A guy i know used that firm after he was arrested with a gun in his luggage at JFK. He was lucky enough to get a DA who allowed a plea to a misdemeanor.

Every person who might someday travel to NY City needs to read what this law firm has to say.

http://www.queensdefense.com/guns.htm#airport
 
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