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Joined: Jun 2002
Posts: 131,773 Likes: 21
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,773 Likes: 21 |
If you were traveling through New York FOPA should protect you from criminal prosecution, but that doesn't mean you won't be arrested and prosecuted. You would win, but it could cost you. New York prosecutors work for the government and get paid either way.
However, it sounds like New York is your destination and FOPA would not apply. Yep, it would not apply unless your destination state had no issue with your handgun. If you were heading to Vermont, for example, you'd be covered, but then again a Maryland, New Jersey, or New York cop could decide to arrest you anyway, in which case you'd have to argue the point in court. That law should have been given more meat, such as an automatic cause of action against the arresting officers if your rights under it are violated, even unintentionally.
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Joined: Jun 2002
Posts: 131,773 Likes: 21
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,773 Likes: 21 |
Exactly how was NY going to know you had a handgun?
Unless you needed it to defend yourself.
Then it’s “I lived, but may face jail.”
Or “Sweet, Brown. Alas we knew him well.” At your funeral There's this, too. Good points.
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Joined: Nov 2006
Posts: 10,808
Campfire Outfitter
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Campfire Outfitter
Joined: Nov 2006
Posts: 10,808 |
Exactly how was NY going to know you had a handgun?
Unless you needed it to defend yourself.
Then it’s “I lived, but may face jail.”
Or “Sweet, Brown. Alas we knew him well.” At your funeral The OP was asking about the legality of it. That is how it was answered. What he should or shouldn't do shouldn't be discussed on an open forum. Why not?
Mathew 22: 37-39
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Joined: Aug 2003
Posts: 13,547
Campfire Outfitter
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Campfire Outfitter
Joined: Aug 2003
Posts: 13,547 |
Exactly how was NY going to know you had a handgun? For one, a traffic stop and subsequent illegal search.
Forgive me my nonsense, as I also forgive the nonsense of those that think they talk sense. Robert Frost
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Joined: Dec 2005
Posts: 4,185
Campfire Tracker
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Campfire Tracker
Joined: Dec 2005
Posts: 4,185 |
Vehicle accident with injuries, vehicle contents inventoried by PD. Vehicle theft. Vehicle burglary.
So many ways one can get in a pinch...
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Joined: Feb 2011
Posts: 5,856
Campfire Tracker
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Campfire Tracker
Joined: Feb 2011
Posts: 5,856 |
Exactly how was NY going to know you had a handgun?
Unless you needed it to defend yourself.
Then it’s “I lived, but may face jail.”
Or “Sweet, Brown. Alas we knew him well.” At your funeral The OP was asking about the legality of it. That is how it was answered. What he should or shouldn't do shouldn't be discussed on an open forum. Why not? Because that would show that he had prior knowledge of what the law is and was intentionally breaking it.
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Joined: Jun 2002
Posts: 131,773 Likes: 21
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,773 Likes: 21 |
Because that would show that he had prior knowledge of what the law is and was intentionally breaking it.
Ignorance of the law is hardly ever a permissible defense. Exceptions are where activities are legal in most state, but not legal in a few, and a person is a visitor in one of those few states. However, it's not a reliable defense even then, assuming the law has been adequately publicized.
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Joined: Jun 2012
Posts: 17,101
Campfire Ranger
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Campfire Ranger
Joined: Jun 2012
Posts: 17,101 |
NO don[t even try it in NY. New Jersey and Maryland are likely poor choices to test the Federal law on this, also. NYC even prosecutes copp from other states carrying, while on official duty in the city
The government plans these shootings by targeting kids from kindergarten that the government thinks they can control with drugs until the appropriate time--DerbyDude
Whatever. Tell the oompa loompa's hey for me. [/quote]. LtPPowell
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Joined: Sep 2014
Posts: 21,854 Likes: 4
Campfire Ranger
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Campfire Ranger
Joined: Sep 2014
Posts: 21,854 Likes: 4 |
NO don[t even try it in NY. New Jersey and Maryland are likely poor choices to test the Federal law on this, also. OP said it's legal up to NY? Maybe if he drives up I79 Through WV And PA. Better not go through MD. They dont like handguns much. I've committed felonies several times in my life, many were haveing A loaded handgun in MD. Unintentionally. There is a long N/S oriended mountain running to MD. A nice dam sits on a big chunk of public access land on the east side, just north of the border. It's much shorter for some to go into MD, then come north. A friend called Maryland State Police and explained, and ash if there was any problem with him transporting a handgun. "Its illegal, you are looking at time if caught" Any way I can do it to be legal. "Sure. Go the long way around and stay out of Maryland!"
Parents who say they have good kids..Usually don't!
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Joined: Nov 2005
Posts: 23,102
Campfire Ranger
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Campfire Ranger
Joined: Nov 2005
Posts: 23,102 |
Yep. Maryland isn't a handgun friendly state. I have a bunch, and shoot them regularly, but am careful about following the rules for transport (which frankly are kind of nebulous). If I were traveling north through Maryland to points beyond, I would lock them in the trunk, unloaded and with unloaded magazines stored separately, and select the shortest route. I-81 from Va and WV, through Washington County, MD, will only expose you to Maryland for about 10-15 minutes and then you're home free in PA. One slight advantage to it being a pretty narrow state. Just mind the speed limit, don't have a busted tail light, and don't do anything dumb to give the cops a reason to pull you over. Angling farther East to transit the state puts you into the snarl of suburban Maryland and a much longer transit time with increased exposure to possible hassles.
We're a Blue state, sure, but rest assured there are a lot of right-thinking folks here. We chafe at being controlled by the urban/suburban lefty attitudes that control state politics. Huge chunks of the state to the west and east of the Baltimore-Washington corridor are as Red as any state in the union, but without the population size to overcome the idiocy. (And no, I ain't gonna move to a Red state, because A) I can't afford to, and B) my life is here, and C) I'm getting too old to pull up stakes yet again anyway.
"You can lead a man to logic, but you cannot make him think." Joe Harz "Always certain, often right." Keith McCafferty
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Joined: Mar 2020
Posts: 4,813
Campfire Tracker
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Campfire Tracker
Joined: Mar 2020
Posts: 4,813 |
Gnoahhh you visit Baltimore often? Lol
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Joined: Nov 2005
Posts: 23,102
Campfire Ranger
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Campfire Ranger
Joined: Nov 2005
Posts: 23,102 |
Oh hell no! I live 25 minutes from that schithole and haven't set foot there in about six years. Ditto DC.
"You can lead a man to logic, but you cannot make him think." Joe Harz "Always certain, often right." Keith McCafferty
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