"Legality" of flying out of JFK as a NJ resident with a handgun

[bry@n 195]

He didn't break the law, the Firearm Owners Protection Act, a federal law, nullifies any contrary NYC and NYS handgun law with respect to an interstate trip under the supremacy clause of the U.S. Constitution. This is a law that was passed by congress in 1986.

 

The only risk he took here is the risk that the police and court system in New York City and the Port Authority Police would unlawfully arrest him and put him to retaining counsel to extricate himself from improper state prosecution.

 

In other words, the only risk he took was that he might be unlawfully arrested and prosecuted in direct violation of federal law which precisely dictates that he was entitled to do what he did.

 

This is correct in my eyes.

[kman 56]

I guess you have not lived in the NJ/NY area long to know that the Port Authority of NJ/NY does not follow FOPA and there are numerous cases of people being arrested at the airports in NY and NJ. And that is enough reason for me not to go to NYC with a handgun.

 

PANYNJ does not have the option of deciding "not to" follow Federal law.

 

Thanks to some brave people claiming the benefit of FOPA in Port Authority airports, and the the PANYNJ being sued by the ANJRPC and other organizations, the Port Authority has essentially been been forced to comply with FOPA under pain of being hauled into federal court and sued.

 

And the fact that the Port Authority is now following FOPA is confirmed by the original poster of this thread, who documented his successful assertion of FOPA with the Port Authority Police and the TSA.

 

That being the case, I still wouldn't go through New York, but not because it is illegal, but because I still don't trust the authorities in New York to follow the law with respect to this issue. You can still get jammed up and arrested if you have someone on duty at a particular time who wants to make a problem for you.

 

Back in the mid 1990s I went through JFK with a target pistol - me and a whole group of students with target pistols - and I was not even 21 years old at the time, but we had US military orders and therefore state law was pre-empted even though none of the pistols had any NY registration. Our target pistols all went through checked luggage without a problem.

[reloaderguy 30]

Tell this to the next poor slob that gets busted and has to face jail time along with spending thousands of dollars to prove he was doing nothing wrong. I would never do this nor would I suggest anyone try it!

[mipafox 438]

 

PANYNJ does not have the option of deciding "not to" follow Federal law.

 

Incorrect. They can, and they have, with no consequences. It would be more accurate to say that, WHEN they do, you can try to get yourself out of it and probably will succeed.

 

 

Tell this to the next poor slob that gets busted and has to face jail time along with spending thousands of dollars to prove he was doing nothing wrong. I would never do this nor would I suggest anyone try it!

 

You're right about the thousands of dollars, but wrong about the facing jail time. You spend jail time before you spend your thousands of dollars.

 

And the fact that the Port Authority is now following FOPA is confirmed by the original poster of this thread, who documented his successful assertion of FOPA with the Port Authority Police and the TSA.

 

What did his NJ FID have to do with a handgun? Nothing. What would happen if I showed up with just a handgun?

 

None of those Port Authority idiots or TSA are going to take you showing up with a handgun as a sign that change is needed. They don't care at all.

[BlueLineFish 615]

 

Incorrect. They can, and they have, with no consequences. It would be more accurate to say that, WHEN they do, you can try to get yourself out of it and probably will succeed.

 

 

 

 

You're right about the thousands of dollars, but wrong about the facing jail time. You spend jail time before you spend your thousands of dollars.

 

 

 

What did his NJ FID have to do with a handgun? Nothing. What would happen if I showed up with just a handgun?

 

None of those Port Authority idiots or TSA are going to take you showing up with a handgun as a sign that change is needed. They don't care at all.

 

Ultimate insult...getting lumped in with TSA. Very inaccurate assumption and very derogatory. Not that you care

[mipafox 438]

 

 

Ultimate insult...getting lumped in with TSA. Very inaccurate assumption and very derogatory. Not that you care

 

Not sure how I managed to lump you in with TSA but sorry if I did

 

[jrfly3006 42]

 

 

Not sure how I managed to lump you in with TSA but sorry if I did

Any cursory review of news articles pertaining to NY/NJ airports would showjust how far apart and how non-cordial the relationship is between the Port Authority and TSA ...PAPD is one of the few departments resisting the big federal machine.

[BlueLineFish 615]

None of those Port Authority idiots or TSA are going to take you showing up with a handgun as a sign that change is needed. They don't care at all.

 

This statement is how. To put PA cops on the same level as TSA is just ignorant. Yes....i will take that personally.

[mipafox 438]

 

 

This statement is how. To put PA cops on the same level as TSA is just ignorant. Yes....i will take that personally.

 

OK, got it. Let me amend my statement.

 

Ahem...

 

"None of those Port Authority idiots or TSA or Brady Bunch or Mayors Against Illegal Guns or Obama are going to take you showing up with a handgun as a sign that change is needed. They don't care at all."

 

I didn't mean to somehow malign subway cops by associating them with TSA. My point was that none of the people in the list above give a flying monkey.

[jrfly3006 42]

 

 

OK, got it. Let me amend my statement.

 

Ahem...

 

"None of those Port Authority idiots or TSA or Brady Bunch or Mayors Against Illegal Guns or Obama are going to take you showing up with a handgun as a sign that change is needed. They don't care at all."

 

I didn't mean to somehow malign subway cops by associating them with TSA. My point was that none of the people in the list above give a flying monkey.

Oh..okay..now please tell me youre not using the term "subway" cops in a derogatory way..because I would assume you realize that statement could be construed as narrow minded and naieve..just saying

[mipafox 438]

 

Oh..okay..now please tell me youre not using the term "subway" cops in a derogatory way..because I would assume you realize that statement could be construed as narrow minded and naieve..just saying

 

Are you for real? I'm not entertaining this anymore.

[BlueLineFish 615]

You are never entertaining. You may be one of the few people on this board I truly despise and hope I never have the displeasure of meeting you in person. fugg this thread now.

[exfed2002 4]

 

 

I didn't mean to somehow malign subway cops by associating them with TSA.

 

The Port doesn't work subways, and the ones who do, ex-transit now part of NYPD, have done a lot more to make the world a better place than you ever will.

[BlueLineFish 615]

 

 

The Port doesn't work subways, and the ones who do, ex-transit now part of NYPD, have done a lot more to make the world a better place than you ever will.

 

Just to clarify..PAPD patrols the entire PATH system throughout NY and NJ and the areas surrounding the stations and track areas

[Holeshot 3]

Lol another thread turned to shyt.

 

Also a warning to all. Do not F with mipafox.

 

His beard alone has experienced more than a lesser man’s entire body.

[Jfoster99 80]

 

I guess you have not lived in the NJ/NY area long to know that the Port Authority of NJ/NY does not follow FOPA and there are numerous cases of people being arrested at the airports in NY and NJ. And that is enough reason for me not to go to NYC with a handgun.

 

In the last 5+ years I was unable to find a single incident of someone being arrested at the airport that did not involve the person technically breaking the law in some way. Mostly what I found was people who traveled to NY with a handgun getting busted flying out.

If someone could point me to a report contrary I would truly love to see it.

[exfed2002 4]

Just to clarify..PAPD patrols the entire PATH system throughout NY and NJ and the areas surrounding the stations and track areas

 

I'm quite aware of that, but mister charming said subway, not PATH, and since he seems to know everything I just assumed he knew the difference.

[BlueLineFish 615]

 

I'm quite aware of that, but mister charming said subway, not PATH, and since he seems to know everything I just assumed he knew the difference.

 

 

I never assume anything with that clown. Wasnt trying to be argumentative with you exfed we get enough of that with mr charming himself

[GRIZ 3,369]

Lol another thread turned to shyt.

 

Also a warning to all. Do not F with mipafox.

 

His beard alone has experienced more than a lesser man’s entire body.

 

Is that supposed to scare people?

[jrfly3006 42]

 

 

Is that supposed to scare people?

You havent heard of the latest rash of beard assaults Griz?...its been all over the news..

[Holeshot 3]

Is that supposed to scare people?

 

He is the only person Chuck Norris has apologized to

 

Mike Tyson refused to fight with him

[Holeshot 3]

You havent heard of the latest rash of beard assaults Griz?...its been all over the news..

 

He has never learned from a mistake…because he has never made a Mistake. Mistakes are afraid of him

[Zeke 5,504]

 

 

He has never learned from a mistake…because he has never made a Mistake. Mistakes are afraid of him

Ha ha

[H.M. Murdock 0]

I appreciate everyone's effort to offer advice on this matter. Ultimately I decided to follow my own research.. A sincere thanks to all who offered to help...

 

I am writing this from Terminal 4 at JFK waiting to board a U.S. Airways flight. I checked in 2 handguns without issue and the whole process although cumbersome was about what I expected. I would do it again but not without double checking everything... I have no doubt if my ducks were not in order I would not have been cut any breaks.

 

 

Bump.

 

Have any NJ residents checked in a handgun at TSA with their FPIC and a copy of the PTP recently?

 

I haven't checked a handgun at this airport in a few years.

 

Considering recent events and sentiment I am concerned about getting arrested even if everything is in order.

 

Thanks in advance

[T Bill 649]

I would not give JFK the opportunity.  I willingly travel to friendly airports.  PHL, ABE, TTN.  Not even a cross eyed stare.

[Old Glock guy 1,127]

I would not give JFK the opportunity.  I willingly travel to friendly airports.  PHL, ABE, TTN.  Not even a cross eyed stare.

 

Yes, I believe the consensus on here is to not risk flying out of the NY airports with firearms.  I have left from La Guardia a couple of times recently, and have left the shooters home.  As you appear to be aware, people have been arrested and detained, in total defiance of the law.  And even though they are ultimately exonerated, it costs them a lot of time and money.  Plus, from what I hear, it sucks to spend a few days in jail.  

[Jfoster99 80]

I have done it 7-8 times since my original post in 2012.. Never an issue... Biggest concern is that the port authority police get called every time to take a look... Honestly I don't give it a second thought anymore.

 

I'm a Florida resident now... I show my Florida concealed carry and Florida divers license and proof of my NJ address... I tell them I am traveling between residence... The process varies slightly each time but basically the same as I originally described...