My horrendous trip to NY - Page 2
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Thread: My horrendous trip to NY

  1. #11
    Torraco v. Port Auth., 615 F.3d 129 (2nd Cir, 2010) held that 18 U.S.C.S. 926A was not enforceable through 42 U.S.C.S. 1983.

    But here are the facts of the case that may be relevant to your case:

    On October 15, 2004, Torraco, who is a citizen and resident of the state of Florida, and his wife, who is not a party to this action, flew from Florida into LaGuardia Airport ("LaGuardia"), New York, from which they went to Franklin Lakes, New Jersey, to stay with Torraco's mother. Two days later, the couple set out for LaGuardia to return to Florida. Torraco's mother first drove them to a friend's house in Queens, New York. 3 Following a brief visit, the friend drove the couple to the airport. During this time, Torraco's unloaded, disassembled gun was in a carrying case kept in the car trunk.


    3 Contradicting his deposition testimony, Torraco's complaint asserts that he and his wife "left New Jersey and drove directly to [LaGuardia Airport]."

    Upon arrival [**6] at LaGuardia, Torraco informed the airline ticket agent that he had a gun in a carrying case, which he wanted to check through. The agent tagged the firearm with an orange firearms declaration tag, and advised Torraco that it was standard operating procedure to notify the Port Authority Police when a passenger declares a weapon, which she did. Appellee Officer Espinal responded and asked Torraco whether he had a New York license for the firearm. Torraco, who, as noted above, does not, informed Officer Espinal that he was traveling from New Jersey to Florida, and that Section 926A preempted local licensing requirements. Being unfamiliar with Section 926A, Officer Espinal called his superior, appellee Sergeant Goldberg. Upon joining the group, Sergeant Goldberg was informed that Torraco had voluntarily declared his gun at the ticket counter, was coming from New Jersey where he had a residence, and was going to Florida where, in Torraco's view, he was legally authorized to carry the gun without a license. Sergeant Goldberg asked Torraco for paperwork that would establish that he was lawfully in possession of the gun. A TSA supervisor arrived and took the position that Torraco was permitted [**7] to transport the weapon without regard to local law.

    Sergeant Goldberg took the position that Torraco needed to first establish that his possession of the gun was lawful, before the question of whether he could legally possess the gun in New Jersey or Florida became relevant. He and Officer Espinal arrested Torraco for violating New York Penal Law 265.01(1), which provides that "[a] person is guilty of criminal possession of a weapon in the fourth degree when . . . [h]e possesses any firearm" without a license. 4 Torraco was held for [*134] twenty-eight hours, when he was arraigned in Queens County Criminal Court on that charge, and subsequently released on recognizance.

    His attorney moved to dismiss on the ground of federal preemption, and though the district attorney did not respond to the motion, he cross-moved to dismiss in the interests of justice. The court denied the district attorney's motion and granted Torraco's motion, finding that the State's failure to respond to Torraco's motion was a concession on the merits.

  3. #12
    Join Date
    Aug 2009
    MA, Away from the liberal loonies...
    Unless you reside in NY and have an address and a valid ID (drivers license) issued to you as a resident of NY, you will never be legally able to poses a handgun in the state, never mind carry it. NY will not issue non resident permits at all. Bloomberg and the rest of the liberal idiots that have been allowed to flourish there have seen fit to ignore the documents that protects the God given rights of law abiding people...

    The state is a giant cesspool of liberalism... Governed by morons and filled with fools who continue to vote for the morons in charge who would not know the Constitution of the United States of America or the Bill of Rights if they read them both multiple times from the beginning to end... Perhaps if the residents of NY took a stand and decided the 2nd Amendment was written to protect the rights all US citizens not just the ones living in the state of NY, there would be liberty for all. Alas, I believe no one there has the balls to fight the system in place that infringes on the rights of all citizens. Sheep.... Bleat like sheep...

    Since the 2nd Amendment applies to all the citizens of the United States of America why can't we "lawfully possess and carry such firearm" any place in the US? Oh right, the 2nd Amendment needs to be "interpreted"...
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

  4. #13
    Quote Originally Posted by 6shootercarry View Post
    Oh right, the 2nd Amendment needs to be "interpreted"...
    No it doesn't - we'll just let you decide what it means for the rest of us. and while you are at it, you can tell us all the rest of us all the "one universal truths" you have decided for us. That way like you, we won't have to think.

  5. #14
    Join Date
    Feb 2011
    Kissimmee, FL
    That was a very thorough reply and I appreciate it! Allot of that sounds good however I flew from Orlando to LGA the evening of the 11th and was leaving the afternoon of the 13th. There is a 24hr rule of some sort that says as long as you are only passing through it is ok...

  6. #15
    Sorry for your trouble..
    I'd be careful what I posted with any further details until things are settled out..
    Get a good attorney (too bad the article above didn't mention the attorneys name)..
    Please keep us updated when things are resolved..

    Oh.. AND
    Thank you for your service!!!

    Gulf Coast, Floriduh
    Sccy is the limit

  7. #16
    Quote Originally Posted by HootmonSccy View Post
    Get a good attorney (too bad the article above didn't mention the attorneys name)..
    here they are:

    Stephen P. Halbrook, and Richard E. Gardiner, Fairfax, VA, for Plaintiffs-Appellants

    Again - I don't know them.

    Halbrook isn't rated by martindale

    Gardiner has a BV Distinguished™ 4.4 out of 5

  8. #17
    Join Date
    Apr 2010
    edge of freedom
    See post #3 this man is the real deal. Look him up.

    NY pro-firearm attorney list
    NRA Life Member, SCOPE,SAF Join up!

  9. #18
    Quote Originally Posted by AngellXP View Post
    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...
    That sucks dude, I feel for ya. I hate to be the one to ask but what would posses you to fly into a state with your guns where you can't legally have them. It's NY! You had to know you weren't permitted there. I don't like driving THROUGH there. NY,NJ.MA don't care about the federal laws. As you learned the hard way it's a very scary thing when the police break the laws themselves and then you have to deal with a court system that also could give a crap less about your rights. Believe me, I know I'm from MA. With that said from my understanding while still in the airport federal law is in effect so NYS's shouldn't matter. I'm sure you'll be fine in the end but most likely spend a lot of $$ between now and then.

  10. I also suggest that you get a lawyer recommended by the NRA, or SAF or CCRBKA. I have one.

    I was one phone call from being arrested myself at one of the Niagara crossings, and have extensive conversations with those who know about this situation, so I know of what I speak.

    This is another example of why gun owners must belong to at least one of the gun advocacy organizations. It will be incredibly expensive to get one of these cases to a higher court to set precedence in our favor, so the P.A. and prosecutors seem willing to drop cases rather than being slapped down at a higher court, in my opinion.

    Still it's an enormous inconvenience for gun owners. Watch out for NJ, too. They also are encompassed by the NY Port Authority.

    And armed truckers, it's a good idea to rip the NY and NJ pages--certainly in the NYC area, out of your map books.
    Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote. NRA CSSA GOA 2AF CCRKBA / Tactical Pistol Instructor

  11. #20
    Join Date
    Aug 2009
    MA, Away from the liberal loonies...
    Quote Originally Posted by nogods View Post
    No it doesn't - we'll just let you decide what it means for the rest of us. and while you are at it, you can tell us all the rest of us all the "one universal truths" you have decided for us. That way like you, we won't have to think.
    "you can tell us all the rest of us all the"... Huh?

    Anyway... The laws in NY regarding firearms and the transportation and possession of them are unconstitutional at best. They were put in place by GUN NAZI's to make citizens like the original poster, who has served his country honorably and has taken the Oath to defend the Constitution, feel like criminals simply because they choose to own firearms.
    All the anti gun, rights trampling idiots and the people who support them... Not sure who is really to blame...


    I do think, quite regularly... I think you love the laws and feel safer. It gives you that feeling of control. I could almost see you and Bloomberg hammering out the plan for full US disarmament as long as you keep the right for yourself... The Amendment was written simply to save itself from the interpretation of fools who would attempt to infringe upon the right... And here we have a case in point. Unlike you I do think. It is the opposite of what you think. That makes it scary for you... I wonder how many others think the same way? Or have we had this discourse in the past? Keep defending the laws... It is your livelihood is it not...
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

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