It's legal to pickup friends and go to the bathroom

[mikelets456 78]

NJGF group boating accident?

...after your life has been threatened multiple times because you're rich enough to have a boat.

[Kevin125 4,772]

Why I'll never travel into NYC with any firearm.  This guy probably thought he was doing it right by not transporting in the cab of the pickup.

 

I doubt any dismissal or pardon is in this guy's future.  Jurisdiction seems to be NYC. 

 

Hopefully someone in NY will come to their senses and just issue a traffic violation of some sort.  Illegal possession of a firearm in NYC is I think something like 3 years mandatory jail time.

 

An Op Ed from the NY Times..   Believe it or not, it's about reducing the penalties guys like this may face.  Was looking up the penalty and came across it.  What struck me was the source.  Someone opposed to prison sentences for non-violent drug offenders.  Her motivation may be that minorities are often nailed for firearm possession where the firearm was legal and it was simply a transport method issue.  But.. an ally (of sorts) is an ally.

 

http://www.nytimes.com/2014/03/15/opinion/reduce-gun-penalties.html?_r=0

[fishnut 2,358]

While I agree that these transport lows are bullshit, everytime I transport any firearms through any state I make sure to know and follow all state and federal transportation laws. Hell i even have copys of all the laws in the vehicle with me. I have little simpthoy for someone who fails to do their due diligence. It's not rocket science.

[Fred2 367]

Does anyone have link to the FOPA law?

All I am finding says he did it correctly

 

One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container

[Kevin125 4,772]

Here's a link that contains the text of 18 U.S.C.A. 926A.

 

http://codes.lp.findlaw.com/uscode/18/I/44/926C

 

And this

18 U.S.C.
United States Code, 2011 Edition
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Sec. 926A - Interstate transportation of firearms
From the U.S. Government Printing Office, www.gpo.gov
 

§926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: 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.

(Added Pub. L. 99–360, §1(a), July 8, 1986, 100 Stat. 766.)

Prior Provisions

A prior section 926A, added Pub. L. 99–308, §107(a), May 19, 1986, 100 Stat. 460, provided that any person not prohibited by this chapter from transporting, shipping, or receiving a firearm be entitled to transport an unloaded, not readily accessible firearm in interstate commerce notwithstanding any provision of any legislation enacted, or rule or regulation prescribed by any State or political subdivision thereof, prior to repeal by Pub. L. 99–360, §1(a).

Effective Date

Section effective on date on which Firearms Owners’ Protection Act, Pub. L. 99–308, became effective, see section 2 of Pub. L. 99–360, set out as an Effective Date of 1986 Amendments note under section 921 of this title.

 

 

This is from the NRA-ILA Site

 

NEW YORK—Use extreme caution when traveling through New York with firearms.  New York state’s general approach is to make the possession of handguns and so-called “assault weapons” and “large capacity ammunition feeding devices” illegal and then provide exceptions that the accused may raise as “affirmative defenses” to prosecution in some cases.  NY Penal Code s. 265.20(12), (13) & (16).

A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or “the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted.” Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

[Newtonian 453]

No, it says other things may be allowed but the enumerated ones definitely are allowed.

Right. Who'll be the first to risk Bubba shredding your rectum for 5 to 10 on the assumption that whatever it is you want to do between your home and the other exempt location "may be allowed"?

 

Standard disclosure: If you don't do anything stupid you will NOT be stopped and even if you are the cop will NOT ask if you have firearms in the car.

[S14Swap240sx 6]

Hey now. This is good stuff. Seems like b4 we make more progress towns have to be held accountable for butchering the permit process. The next step is clearly to just do away with permits lol!

[345Sire 158]

Has anyone seen a poll of Sweeney vs a Generic Republican?

 

Sweeney is not all that well known in the state. He's not Cory Booker. I'm not so sure Sweeney is all that strong a candidate. And his arrogant prick demeanor won't serve him well in a gubernatorial election.

 

And those other &$#%¥ bag D's that want to run are totally unknown outside their districts.

 

So I'm not conceding 2017.

 

http://www.nj.com/politics/index.ssf/2015/04/steve_who_most_nj_voters_have_never_heard_of_poten.html

Our current "leader of the free world" was a 1st term senator when he was elected, not many knew his name either.

[345Sire 158]

Here's a link that contains the text of 18 U.S.C.A. 926A.

 

http://codes.lp.findlaw.com/uscode/18/I/44/926C

 

And this

18 U.S.C.

United States Code, 2011 Edition

Title 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 44 - FIREARMS

Sec. 926A - Interstate transportation of firearms

From the U.S. Government Printing Office, www.gpo.gov

 

§926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: 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.

(Added Pub. L. 99–360, §1(a), July 8, 1986, 100 Stat. 766.)

Prior Provisions

A prior section 926A, added Pub. L. 99–308, §107(a), May 19, 1986, 100 Stat. 460, provided that any person not prohibited by this chapter from transporting, shipping, or receiving a firearm be entitled to transport an unloaded, not readily accessible firearm in interstate commerce notwithstanding any provision of any legislation enacted, or rule or regulation prescribed by any State or political subdivision thereof, prior to repeal by Pub. L. 99–360, §1(a).

Effective Date

Section effective on date on which Firearms Owners’ Protection Act, Pub. L. 99–308, became effective, see section 2 of Pub. L. 99–360, set out as an Effective Date of 1986 Amendments note under section 921 of this title.

 

 

This is from the NRA-ILA Site

 

NEW YORK—Use extreme caution when traveling through New York with firearms.  New York state’s general approach is to make the possession of handguns and so-called “assault weapons” and “large capacity ammunition feeding devices” illegal and then provide exceptions that the accused may raise as “affirmative defenses” to prosecution in some cases.  NY Penal Code s. 265.20(12), (13) & (16).

 

A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or “the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted.” Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

 Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

 

This seems a little off topic, perhaps, but he was pulled over in New Jerksey.

 

So while the inference can be made that he possessed it in NY, it shouldn't, (I think) be the job of a Jersey officer to charge based on another state's laws.

And, IMHO, a plastic 50 or 55 gallon drum, with the lid latched with the typical steel locking ring, seems to be just fine as a locked container not accessible to the driver when in the back of said pickup truck. 

Ammunition being separate, well I have to admit I'm just not confident I can say if that's a violation. 

 

Just my opinion, worth about what you paid for it.

[Old Dog 19]

So the "Study Commission" was real?

A step in the right direction for sure, but all I keep thinking is:  A little too late now huh Gov?

But at least now I can stop and take a poop without risking a 30 year sentence.  

And I can go through a drive-thru but I can't stop and eat at a decent restaurant?...fast food blows.

Now I'm thinking about if I actually have to poop, do I need to use the drive-thru for that too?...shit....now i'm "reasonably" concerned.

 

"Any means" changed to "Reasonable means"   Great....now define "reasonable".   

How about the effing Constitution says I can?  That's reasonable to me and 40+ other states.

Ridiculous .....and sad that some will probably consider this a victory and be placated by it's nonsense. 

 

My 8 year countdown to freedom continues.

 

I escaped NJ and fled to FL a few years earlier than planned, but glad that I did. We have a law that says we can briefly expose our carry guns by accident without being arrested, like it used to be. However, no one has defined "briefly" and there has been no case law on it yet. Laws that leave definitions up to the people enforcing them are dangerous.