My horrendous trip to NY

[AngellXP]

As a 6 year Navy vet with a spotless criminal record I find it very offensive that I would have my 2nd amendment rights stomped on like this, not to mention being arrested w/o being read my rights although I know them by heart after serving on base security for 2+ years...

I was arrested at La-guardia Airport this past week when I was on my way home on charges of illegal possession of a firearm. I did not know the official charges against me until I had already been in jail for 18+hrs. I travel with this firearm regularly through many states and have never had trouble till now. As always the gun was unloaded and locked with a cable and the ammo was in it's own original box. All locked in a hard sided case and locked inside my suitcase. All this as per TSA and airline regs...

Only now have I come to find out how strict NY is about their gun laws. I admittedly did not check the laws before leaving... Worst mistake I have EVER made to date. As is stands, I am facing potential Felony charges and possible jail time if I cannot get this cleared up ASAP.

I don't know if any of you can help but I will be going back to court the morning of May 23rd to have my trial. If you cannot help perhaps you might be able to refer me to someone well qualified.

[nogods]

You were arrested last week and your trial is set for May 23? I think you are confused about that.

You need to hire an attorney in the NYC area.

I don't know this attorney, but he is advertising that he ahs particular experience about your type of case.

Queens New York Firearm Arrests Attorney | NY Airport Criminal Defense Lawyer NYC | JFK and LGA Gun Arrests

HOWEVER, you should also search google to see if he advertises the same way for all types of cases (auto accidents, space junk falling from the sky, etc) in which case his ad for firearms violation would probably be a lot of hooey

[AngellXP]

You were arrested last week and your trial is set for May 23? I think you are confused about that.

You need to hire an attorney in the NYC area.

I assure you I am not confused... I have the sheet sitting right next to me. I got out w/o bail until then. I am aware that I need an attorney. I am in the process of looking now.

[nogods]

I edited my post to give you a reference to an attorney (again I don't know hi, i just saw his ad.)

There are a lot of pre-trial procedures that would have to occur before you could have a trial.

I'll bet May 23 is a status date, not a trial date.

[v65magnafan]

I wish I could have good news for you. You are not the first to be arrested by the NY Port Authority. New York does not recognize Title 18 an exemption--they recognize it only as a defense. Their pistol possession laws are presumptive felonies. You will have to get a lawyer. If you belong to the NRA, call them for help.

In regards to firearm offenses, you must hire a lawyer who is a firearms law expert. Ask to examine his record regarding firearms cases.

[AngellXP]

What is the "Title 18 an exemption" about? I cant seem to find it.

[S&WM&P40]

What is the "Title 18 an exemption" about? I cant seem to find it.

TITLE 18 > PART I > CHAPTER 44 > § 926A § 926A.

Interstate transportation of firearm Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Hope that helps.

[AngellXP]

wish it did... unfortunately I cannot legally posses it in NY at all... Not because I am a felon or criminal(at least I wasn't) but because I am not properly registered/licensed in the county/state...

[cawpin]

First, where were you traveling from and to? Was New York your final destination? If New York was not your final destination, then the following applies.

Second,

New York does not recognize Title 18 an exemption--they recognize it only as a defense.

If that is true, they are violating Federal Law and should be sued until they get the point. That statute is specifically written to prevent arrest.

Good luck with everything. This is an unbelievable violation of your rights.

[KCKAN572]

Unfortunately as others have said, you are not the first to face the Port Authority Police (which is in both New York City and New Jersey) on this issue. There are numerous cases of the Port Authority police ignoring the federal law and arresting people who have complied with federal law and a completely legally transporting their firearms.

Calguns have several stories of people in your situation and a review might be of help. See: NRA legal defense fund: Interesting cases in NY - Calguns.net

If you are a member of the NRA they have a lawyer referal list. See: NRA-ILA: http://www.nraila.org/issues/faq/?s=105

The Civil Rights Legal Defense Fund is also part of the NRA and sometimes can provide financial assistance. See: Civil Rights Legal Defense Fund - Default
Lastly the state associations in both New York and New Jersey have had experience with this and might be good places for information. A couple of years ago the New Jersey association was even a co-plaintiff on one of these cases.

New York State Rifle & Pistol Association: New York State Rifle & Pistol Association
Association of New Jersey Rifle and Pistol Clubs: Association of New Jersey Rifle and Pistol Clubs