Delayed flight + handgun results in jail time and loss of firearm

[level.eleven]

Just a reminder for those who choose to travel with their firearms...

This story is brought to us from NJ. A gentlemen was flying from Salt Lake City, UT to Allentown, PA with 2 stops in between. His connection out of NJ was canceled so he was forced to spend the night at the airport. The problem being that he is now in possession of his luggage. Thus his firearm is "readily accessible". 4 days in the can and gun held for 3 years.

I am as guilty as the next guy about relying on common sense to diffuse these types of encounters. This is just a reminder that common sense rarely enters the picture, and in cases where a machinists hammer is the right tool, the state will often default to the 16 pound sledge.

The Volokh Conspiracy Blog Archive Unexpected Flight Delay => Hotel Stay => Criminal Prosecution for Gun Possession

 

[jedi]

& thus another reason why NOT to fly and have to jump like a monkey thru all the "protection/safety" that the gov has done in the name of our safety.

 

[6birds]

I'm calling BS. I fly all the time with firearms, and the airlines are helpful if you're smart enough to ask for help. I had many unintended layovers because of servere weather, and all you have to do is go talk to them, and the weapon can stay checked.

Know the rules before you fly, this situation is not a valid reason for me to stay home the rest of my natural life. If staying home works for you, great.

 

[jedi]

u can always drive u know. & if you are going "aborad" there is that thing called the boat as well. =)

 

[level.eleven]

I'm calling BS. I fly all the time with firearms, and the airlines are helpful if you're smart enough to ask for help. I had many unintended layovers because of servere weather, and all you have to do is go talk to them, and the weapon can stay checked.

Know the rules before you fly, this situation is not a valid reason for me to stay home the rest of my natural life. If staying home works for you, great.

I guess you can call BS, that decision is yours. It should be noted though that Eugene Volokh doesn't deal in rumors or conspiracies. He is a respected legal scholar who's work was recently cited by the Supreme Court in the Heller case.

In addition, I have read through the attached court documents and can't find where this guy did anything that wasn't by the book. He even "re-informed" the airline at check-in after spending a night in the hotel, that he had a checked firearm. The cases were opened and the original check-in records were still intact.

The NRA defense fund kicked some money his way. He has a Utah permit. The prosecutor dropped all the charges, but kept his firearm for close to 3 years.

 

[smoking357]

& thus another reason why NOT to fly and have to jump like a monkey thru all the "protection/safety" that the gov has done in the name of our safety.

Exactly.

It's not about safety; it's about getting us used to bending over and dropping our pants on government orders. Let's face it, if you let the government play peek-a-boo with your privates, there's nothing you won't let the government do.

Don't be too surprised if this national ID card someday creates state border checkpoints.

By the way, Mitch still hasn't taken Indiana out of Real ID.

 

[smoking357]

u can always drive u know. & if you are going "aborad" there is that thing called the boat as well. =)

Yeah, but it's hard to find an international port, and TSA still shows up at the dock to sniff your 'nads.

On a related note, but it's almost impossible to walk up to a shipping pier, anymore. Bush ensured that just about all shipping piers are behind controlled-access fences.

It's getting scary.

 

[jbombelli]

I'm calling BS. I fly all the time with firearms, and the airlines are helpful if you're smart enough to ask for help. I had many unintended layovers because of servere weather, and all you have to do is go talk to them, and the weapon can stay checked.

Know the rules before you fly, this situation is not a valid reason for me to stay home the rest of my natural life. If staying home works for you, great.

Have you ever had an unexpected layover in New York City? I've heard of this happening MANY times in NYC.

This is why, if I'm heading out east with a firearm, I'll give myself an extra day to get there and drive.

 

[IndyMonkey]

Have you ever had an unexpected layover in New York City? I've heard of this happening MANY times in NYC.

This is why, if I'm heading out east with a firearm, I'll give myself an extra day to get there and drive.

NYC is more of a destination than a layover airport. Unless your flying international and then the chances are that your not taking a handgun anyway.

 

[Josed]

My $ 0.02, if you are traveling with a firearm it is best to travel by car.
If you have to travel by air and get stuck due to weather or mechanical, make shure that the airline keeps your luggage. Having said that be aware that in the northeast many airline employees are not very knoledgeable, and very brainwashed when it comes to firearms. If you have borded the flight, talk to the flight attendant and the captain, and have him get hold of the baggaged handlers, and have your bags placed in a secure area. By all means do not get airport police involved.

 

[Phil502]

Good info, I have never flown with a firearm checked in before.

Look at this comment:

Crunchy Frog says:

Someone told him to go to Hell, so he booked a layover in Newark.

 

[ISHOOTHST'S]

Good info, I have never flown with a firearm checked in before.

Look at this comment:

Crunchy Frog says:

Someone told him to go to Hell, so he booked a layover in Newark.

Good story. Bad outcome.

 

[jbombelli]

NYC is more of a destination than a layover airport. Unless your flying international and then the chances are that your not taking a handgun anyway.

Normally that's probably true. But these instances I read about were due to UNEXPECTED diversion to NYC such as medical or mechanical issues. They didn't plan on landing there.

 

[Manan]

I don't think I will ever fly with a firearm. It's not that I don't like flying. It sometimes may be convenient, but all those "little" people with chips on their shoulders and badges on their chests. Gets old being bullied by folks with IQ's just above zero.

 

[CarmelHP]

I don't think I will ever fly with a firearm. It's not that I don't like flying. It sometimes may be convenient, but all those "little" people with chips on their shoulders and badges on their chests. Gets old being bullied by folks with IQ's just above zero.

I call on this. Just what proof do you have that they're IQ's are above zero?

 

[Mike_Indy]

I would say, know your route. If traveling to a friendly CW state, are you passing through any non-friendly states? What are the airport rules? For instance, Indy is declared a gun free zone in inside the building, not just the terminal. IF that is the case, call the airline and ask if they will hold an item of this type in the event of a layover? If so, how?

I have not yet checked weapons. When I do I think I will spend some time checking the key points along the route. Better safe than sorry.

 

[Rizzo]

It says, "the right of the People to keep and bear arms shall not be infringed."

If that means I have the right to own one then it also means I have the right to carry it.

Does no one know that "bear" means to carry?!? My right to own a gun is not infringed right now but it seems my right to carry it is constantly.

It also says in that pesky Bill of Rights Amendment 5 that no one shall "be deprived of life, liberty, or property, without due process of law."

If the case was dropped and no charges were filed, than there has NOT BEEN DUE PROCESS OF LAW and thus they should not be able to deprive him of his property for 3 seconds much less three years.

We live in a fascist (look up the meaning in a dictionary) state in violation of the constitution where our God given rights and freedoms are denied every day.

 

[Bill of Rights]

I call on this. Just what proof do you have that they're IQ's are above zero?

IQ=Intelligence Quotient. The quotient is the result of division.
3\/6 =2
2\/6=3

therefore...

(plus a whole bunch of non-INGO-safe images. )

 

[dross]

I call on this. Just what proof do you have that they're IQ's are above zero?

I approached the TSA line in the Denver airport one day, which if you've been there is run like a huge rat-maze. Anyway, not sure where to go from the signs and the openings in the maze, I stopped to look and read the signs, because one of my main goals while flying is to have as little exchange with the TSA "people" as possible. While standing there, calling upon my 47 years of varied experience and advanced education, I watched several people approach and fall into the trap I was trying to avoid. They all entered the opening that looked most obvious upon approach, only to be spoken to rudely by the gum-cracking, overweight, nasty-attitudinal reincarnation of an SS officer from the female barracks at Dachau. At one break in the action, she turned to another guard and remarked at how stupid all these people were. Because, of course, it wasn't her system that was flawed, just the 100% of the folks who couldn't figure it out. Welcome to the new healthcare system.

 

[6birds]

I would say, know your route. If traveling to a friendly CW state, are you passing through any non-friendly states? What are the airport rules? For instance, Indy is declared a gun free zone in inside the building, not just the terminal. IF that is the case, call the airline and ask if they will hold an item of this type in the event of a layover? If so, how?

I have not yet checked weapons. When I do I think I will spend some time checking the key points along the route. Better safe than sorry.

Good, someone does get it.

Know the rules of airport and airline, just like knowing the rules of different staes for permit or CC if you're going to limit yourself to car travel.

I travel several times a year with a weapon, it's not rocket science, and I'm not going to drive every time I hunt in AZ and NM, and I'm not going to stop shooting doves and ducks in Mexico and Central America. Go to the airlines website, print out the rules, and a week before you travel, call the airline and ask for the phone number and department head for security, in case you have an imbecile at the counter.

See you in the field, for those who may ever leave the state.