What should this gun owner have done?

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grizzly97

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Lawyer does not matter at this point. Criminal charges were dropped. Looks like he has no civil cause of action any further since the Supreme Court is not hearing his case.

Ah, good deal. He should have checked the laws just in case, but it's easy to criticize after the fact. Glad the charges were dropped.
 

SMS

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He should have never left the airport with his firearm. Upon his arrival and discovery that his bag had not been checked through to his final destination, he should have proceeded directly to baggage check and checked his bag before departing the airport.

This. Very simple actually. One night in an airport terminal is far more comfortable than 10 nights in jail...

There may be a gray area in the law, but don't willingly/intentionally put yourself in that gray spot and not expect consequences.
 

Billybob

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Sounds like he did the right thing, but got screwed cause of the poorly constructed laws. I'd have done the same thing. Hope he gets a good lawyer!


That's right, because in America justice cost money, It all depends on how much one can afford.
How did things get so reversed, and who profits from it?

"It is not the function of our government to keep the Citizen from falling
into error; it is the function of the Citizen to keep the government from
falling into error." American Communications Ass'n v. Douds, 339 U.S. 382,
442.
 

Blinocac200sx

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This. Very simple actually.

There may be a gray area in the law, but don't willingly/intentionally put yourself in that gray spot and not expect consequences.
I understand that, and it's easy to say in a forum, but if you are stuck somewhere with no clothes or toiletries, it's a little bit more of a sticky wicket isn't it?
 

JRSherman

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I understand that, and it's easy to say in a forum, but if you are stuck somewhere with no clothes or toiletries, it's a little bit more of a sticky wicket isn't it?

Only if you defecate or urinate on yourself, then you'll be labelled mentally incompetent to own one anyways(from here on, judging by the new gun law pushers).
 

Rod Snell

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He should have never left the airport with his firearm. Upon his arrival and discovery that his bag had not been checked through to his final destination, he should have proceeded directly to baggage check and checked his bag before departing the airport.

Not sufficient.
Under NJ law, as soon as he picked up that suitcase, he was subject to arrest. He would need a LEO to pick up the bag (good luck on that).
If driving a car through NJ with a gun in the trunk, it is technically illegal to stop and exit the car.
This extremely narrow interpretation of FOPA has now been validated by this court case, unfortunately.

Maryland has a similar interpretation of FOPA, and it is illegal to have a gun in the car there unless traveling between certain specified locations. I lived there for 2 tours, and it was technically illegal for me to stop for gas on the way to the range. There is no legal way to play tourist or stay overnight in a motel with guns in the car in Maryland.
 

SMS

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I understand that, and it's easy to say in a forum, but if you are stuck somewhere with no clothes or toiletries, it's a little bit more of a sticky wicket isn't it?

Not at all. Easy to say and easy to do. Any experienced traveller would plan for such an event. I've slept on an Airport floor and gone for more than a night without a shower myself... ;) Again, what's better, night in an airport or 10 in jail?

At the very least, last time I visited an airport I couldn't throw a rock without hitting a cop. "Excuse me officer, I have a question...."

If you travel through 'enemy' territory, have a plan. Hope is not a course of action.
 

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Not sufficient.
Under NJ law, as soon as he picked up that suitcase, he was subject to arrest.

Exactly! He was screwed the second they handed him the luggage, whether he left the airport or not. It is almost entrapment (I know, not really, but the people working the airport counters likely had no idea what was going on there and a need to store people's luggage). Hence my earlier comment about the need for some sort of contingency plan.
 
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What to do (from inside the industry). If you find yourself stranded in hostile territory, DO NOT ACCEPT THE BAG! Instruct the air carrier to "expedite" the bag to your final destination. Explain that you cannot accept the bag under any circumstances.

Every air carrier is required to collect unattended and unclaimed bags from inbound baggage carousels. You may have to stand there and watch your bag go around 20 or 30 times (to ensure it isn't stolen) and then go to the baggage claim office (which may double as the ticket counter), describe your bag, present the bag tag(s) and request that the bag be "expedited" to your final destination. Do not accept any other "solution" from the agent. Ask to speak to a manager, supervisor or Ground Security Coordinator (GSC) if necessary. The last one will get the agent's attention and let them know you're travel savvy. The airline will then have to tag the bag with an expedite tag and secure it until it can be routed onto the next aircraft going to your destination. Most likely it will be on the next flight, which should be the one you will be on anyway.

You can't always avoid hostile states. Your flight may be diverted to one due to a mechanical issue or weather. It's best to avoid scheduling flights with layovers in hostile states when flying with a firearm if possible though!
 

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