Quote:
Originally Posted by PiKA2001
So are you saying that if you fly with checked firearms you should know the law in all states in case of an emergency landing or diverted landing. Get real. Like the article says, he was traveling to PA, NOT NJ. It's reasonable to assume he knew the law in PA but not necessarily the laws in NY, KY, OH,NJ.
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Not at all. This wasn't a criminal action where he was being punished for violating NJ law. It was a civil suit under the Firearm Owners’ Protection Act, which is intended specifically to keep him from having to worry about knowing the laws in all states he might travel through. Instead of having to keep up with the laws in all states you might pass through, you just have to know your responsibilities under FOPA. One of those responsibilities is to keep your firearm where it is not readily accessible while you travel.
The Ports Authority wasn't trying to punish him; all the charges against him were dismissed, I would guess because the prosecutor did give him the benefit of the doubt. He was trying to seek damages from
them. The court said -- quite properly, I think -- that he couldn't seek damages for violation of his rights under FOPA because he didn't abide by his responsibilities under FOPA. In other words, by taking his gun to the hotel, he removed himself from FOPA's protections.
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