OK, what the Hell is going on up there

[Different Drummer]

Another firearms arrest at Albany airport is reported in the news. I am in Florida and am hearing about this. Someone please fill in the details on this arrest. Apparently someone from SC was arrested at Albany Airport when they tried to properly check a handgun. Reason as reported was because they did not have a NY permit.
There must be something more on this. Anyone up there able to fill in the blanks? I believe this happened to someone else in very recent history at ALB.
What I am reading is a Delta Airlines counter agent called Albany County Sheriff when a man from SC tried to check a Springfield XD handgun in .40 caliber.
Whats going on at Albany airport? Why does a ticket / counter person take it upon themselves to call the Sheriff when someone tries to properly check a handgun? Why does he get detained and have to post bail for a February court date? Sure screws up his life.
So whats the deal? Is there some information that is not making it to Florida? Maybe the guy was a Dick and did something very wrong? Was this action appropriate for some reason that is not being reported?
Geeeze!, I have checked both handguns and long guns at various airports across the country without a problem. Even Chicago!! Is this what I can expect to have to deal with in the future?

 

[Saltwater60]

I think you answered your own question. He was illegally carrying a pistol in NYS without a NYS permit. Same would happen to any of use. I think there is nothing more to the story. As far as I know you have to check the gun with a TSA agent not a ticket clerk and likely the TSA agent called the police. I just flew to Baltimore and left my guns in the safe or I’d be arrested in Baltimore.

 

[Jmac00]

as long as the person notified the airline that he/she is transporting a firearm and declares it, There should be no issue. The airline should flag the luggage and have it handled by security. All perfectly legal. I would think if the airline called the cops, he/she might have a wrongful prosecution law suite

 

[Different Drummer]

I think you answered your own question. He was illegally carrying a pistol in NYS without a NYS permit. Same would happen to any of use. I think there is nothing more to the story. As far as I know you have to check the gun with a TSA agent not a ticket clerk and likely the TSA agent called the police. I just flew to Baltimore and left my guns in the safe or I’d be arrested in Baltimore.

I have always informed the agent of the airlines at the check in counter. They in turn direct me to the TSA personnel. Sometimes the airlines agent has given me the card that is locked in the case with the Firearm and sometimes the TSA personnel.

 

[xcentrk]

And this is why H.R. 38 is important.

Yes he should have known that when he entered NY he officially left free America and his permit was not valid here, but it ridiculous that people need to worry about this stuff. We need the concealed carry reciprocity act passed.

 

[Different Drummer]

The reason I started the thread and asked if there was more to it is because the news I saw said that the Delta Airlines agent called the Albany Count Sheriff.
If someone informs an Airlines counter agent that they have a firearm to check there should be nothing done by that agent other than what they need to do to properly check his firearm. Do what they need to do, refer the traveler to a TSA agent and carry on with the remainder of the check in procedure.
e.g. If someone drives into NY from Bennington Vermont to get a flight home to SC out of Albany International Airport and they are a resident and have a SC pistol License and they have properly transported the firearm as well as follow proper TSA / airline procedures there should not be an issue.
That is why I asked in my first post if anyone knew of there being more to the story.
Furthermore, I don't agree that the airlines counter personal should be the one determining where I have been, how long I have been there and where I am going to determine if I am traveling legally with my firearm. I declared that I have a firearm to place with my checked luggage, now do your job and assist me in accomplishing just that. Could it be that the local law enforcement agency has an agreement with the airlines to notify them every time someone tries to check a firearm? Wouldn't that be precious!
Maybe the guy walked in the lobby, pulled his XD out of his coat pocket waved it in the air declaring "I need to check this pistol, gotta unload it first"! Again, that is why I asked.

 

[ArmedCorgi]

The details may be in that the person flew here with the gun (checked it as per tsa), somehow no one informed them that you need a NY permit to have a hand gun in the state. They flew, landed in NY and went about their business here in NY carrying without incident. Then when that person went to the airport to leave, they declared the gun as they did before, only now that they are in NY, you can't have the pistol without a permit. Maybe the Delta clerk shouldn't have cared, but for all we know, the counter checkers at ALB are told to look for that.

 

[freddy]

What I am reading is a Delta Airlines counter agent called Albany County Sheriff when a man from SC tried to check a Springfield XD handgun in .40 caliber.
Whats going on at Albany airport? Why does a ticket / counter person take it upon themselves to call the Sheriff when someone tries to properly check a handgun?

Yes, that is normal procedure at ALB. Standard. Protocol. FUAC!

 

[Marine Cpl]

The corrupt 3rd circuit ruled that FOPA doesn't apply to airline travel. It does in other circuits.

If that is what he wants to use as a defense, I believe the 2nd Circuit hasn't made a corrupt ruling yet.

 

[nortatoga]

NRA-ILA | Guide To The Interstate Transportation Of Firearms

 

[ArmedCorgi]

50 different little countries when it comes to our second most basic right.

 

[MothMan]

SC doesn’t recognize my NY CCW.

 

[HEX]

If someone informs an Airlines counter agent that they have a firearm to check there should be nothing done by that agent other than what they need to do to properly check his firearm. Do what they need to do, refer the traveler to a TSA agent and carry on with the remainder of the check in procedure.
e.g. If someone drives into NY from Bennington Vermont to get a flight home to SC out of Albany International Airport and they are a resident and have a SC pistol License and they have properly transported the firearm as well as follow proper TSA / airline procedures there should not be an issue.
That is why I asked in my first post if anyone knew of there being more to the story.

This isn't just a couple of cases, this has happened tons of times and in many NY airports. Regardless of what SHOULD be, the fact is that anyone in possession of a handgun NY state that does not have a NY permit is in violation of state law. NY does not have any legal allowances or reciprocity for travelers. It's bad laws that only destroy the lives of innocent americans, plain and simple, but it is the law. There isn't anymore to it than that.

 

[libertysnake]

This isn't just a couple of cases, this has happened tons of times and in many NY airports. Regardless of what SHOULD be, the fact is that anyone in possession of a handgun NY state that does not have a NY permit is in violation of state law. NY does not have any legal allowances or reciprocity for travelers. It's bad laws that only destroy the lives of innocent americans, plain and simple, but it is the law. There isn't anymore to it than that.

The "law" in this case is still a violation of the second amendment, so we shouldn't feel as if we have to validate it as constitutional. We have to obey it because there is force and consequences behind it. So while we have to do a song and dance as if it were law -- and, "practically" speaking, it's considered to be -- let's not fall into the trap of feeling it's "ok" that these 2A violations are on the books. They're violations with force behind them. Nothing more.

 

[VietnamEraVet]

It still seems wrong to me. As I understand FOPA, you should be able to travel across one or more states from one place to another with your handgun securely locked in a case as long as it is legal for you to own it where you start and end your trip.

So, if I am not a N.Y. resident with a CCW Permit, and I start my return trip in Vermont; drive to Albany to fly home to SC where I live and I own my gun legally, - what the hell is the problem?

Definitely fucked up as FOPA does not protect you apparently, - in New Yorkistan and elsewhere... I agree,- all the more reason we need HR38.

I know I was concerned about that exact scenario when I traveled to Iowa thru Omaha, NE airport and then drove into Iowa. So, I went and got a FL permit to cover my ass in NE. Of course, you can’t do that here in NY as NY will not issue permits to out of staters.

 

[Acer-m14]

just from reading here .. i learn .. FOPA .. is travel thru .. no stops . just for for gas and move along .. maybe a overnight stay at a motel .. gun stays in the trunk locked up .. say nothing .. wake up and move on thru NY ..

you fly here for a 2 or 3 day business meeting or visit with friends/family .. and then off to a free state on your vacation .. leave the gun at the airport / forward it to free state destination to pick up .. your not just passing thru NY .. your hanging out ..

 

[VietnamEraVet]

just from reading here .. i learn .. FOPA .. is travel thru .. no stops . just for for gas and move along .. maybe a overnight stay at a motel .. gun stays in the trunk locked up .. say nothing .. wake up and move on thru NY ..

you fly here for a 2 or 3 day business meeting or visit with friends/family .. and then off to a free state on your vacation .. leave the gun at the airport / forward it to free state destination to pick up .. your not just passing thru NY .. your hanging out ..

My understanding on FOPA is that overnight stays, etc. are not allowed. Straight thru travel only. There is no link to a story on this thread, so I am unaware,- did he stay in NY, or was he actually just traveling through?

If he was in fact just traveling through, and switching his mode of travel from driving into NY from say, Vermont, to then fly home through Albany Airport,- then it seems to me that FOPA should have covered him. If he was staying in Albany on business and then flying home, that is a different story.

The problem of course, is that how is some clerk at the airport supposed to know what exactly you are doing? So, maybe their boss is directing them to check for a NY CCW whenever someone checks in a firearm? Otherwise, someone could just say that they are only traveling through when they are not. And therein lies the problem with FOPA.

Screw it. Pass HR38 and let’s be done with this garbage,- and the ruining of people’s lives.

Edit: just found this article on it, but still doesn’t answer my questions about it. Man with gun and no NY permit arrested at Albany airport

 

[Acer-m14]

If he came into the airport to check in a gun .. he was not traveling thru .. that gun would have been at his final destination ..

pro shooters fly over seas to shoot .. many flight changes .. .. i'm sure they don't see there gun .. till they get there ..

If he was in fact just traveling through, and switching his mode of travel from driving into NY from say Vermont to then fly home through Albany Airport,- then it seems to me that FOPA should have covered him

I think that may be the only thing that may be good .. but this is still NY ..

now he has to have $$$$$$$$$$$$$ to fight it ..

still a loss ..

 

[VietnamEraVet]

If he came into the airport to check in a gun .. he was not traveling thru .. that gun would have been at his final destination ..

pro shooters fly over seas to shoot .. many flight changes .. .. i'm sure they don't see there gun .. till they get there ..



I think that may be the only thing that may be good .. but this is still NY ..

now he has to have $$$$$$$$$$$$$ to fight it ..

still a loss ..

I don’t agree. To my knowledge, FOPA doesn’t specify that your travels must be in one mode only. What if I live in Erie, PA, and decide to travel to FL through Buffalo because of a great airfare? And I have PA and FL carry permits. So, if I take an Uber to the Buffalo airport with my firearm secured in my check in bag, and declare it at the Buffalo airport for my flight to FL shouldn’t FOPA cover me? After all, I’m just traveling THROUGH New York on my way to FL. The Buffalo airport is neither my initial nor my final destination.

How is that any different than if I lived in Erie, PA and had a PA CCW Permit; took an Uber from there to Burlington, VT; and got stopped and searched by the NY State Police on I-90 who then found my CCW secured and unloaded in my luggage? Or, what if I took an Uber from Erie, PA to Buffalo and then boarded a group tour bus going to Vermont for a ski vacation?

To me, this just seems to be yet another example of NY not following federal law when it comes to firearms laws.

It’s why we need HR38 NOW. (And because I’m traveling to Chiraq later this year, and would prefer to take my CCW with me...)

 

[Edwardteach72]

Meh I'd turn him in as well, not only was he carrying a Xd but it was in .40sw

 

[VietnamEraVet]

Meh I'd turn him in as well, not only was he carrying a Xd but it was in .40sw

Well, you got me there. Who can argue about that, LOL!

 

[Acer-m14]

I don’t agree. To my knowledge, FOPA doesn’t specify that your travels must be in one mode only

i said that .. his only chance for defense on this .. but this in NY .. pay up .. go bankrupt just to try and win to be free .. then sue back .. ..

 

[spat]

I don’t agree. To my knowledge, FOPA doesn’t specify that your travels must be in one mode only. What if I live in Erie, PA, and decide to travel to FL through Buffalo because of a great airfare? And I have PA and FL carry permits. So, if I take an Uber to the Buffalo airport with my firearm secured in my check in bag, and declare it at the Buffalo airport for my flight to FL shouldn’t FOPA cover me? After all, I’m just traveling THROUGH New York on my way to FL. The Buffalo airport is neither my initial nor my final destination.

How is that any different than if I lived in Erie, PA and had a PA CCW Permit; took an Uber from there to Burlington, VT; and got stopped and searched by the NY State Police on I-90 who then found my CCW secured and unloaded in my luggage? Or, what if I took an Uber from Erie, PA to Buffalo and then boarded a group tour bus going to Vermont for a ski vacation?

To me, this just seems to be yet another example of NY not following federal law when it comes to firearms laws.

It’s why we need HR38 NOW. (And because I’m traveling to Chiraq later this year, and would prefer to take my CCW with me...)

Even if you have no carry permits anywhere.

Permits aren't required to *possess* in FL or PA, merely to carry concealed.

 

[MuttCat]

50 different little countries when it comes to our second most basic right.

62 little countries just in New Yorkistan....

 

[VietnamEraVet]

I have been reading a bit further on this issue. Seems that it is just a case of NY State enforcing their law, which is of course in direct conflict with the federal law, FOPA. So, apparently, you can take it to trial, and then use FOPA as an affirmative defense?

Spend time, money, and aggravation; hire a lawyer; hopefully get found not guilty, and then, when you try to take possession of your firearm and go home to SC or wherever, they can arrest you again for taking possession of an illegal handgun, - again.

FUAC!

 

[livingston]

Many call for change to state gun laws
Leach was in the Capital Region to visit family when she tried to leave on Wednesday. She was arrested for having a firearm despite it being legal in Colorado.

“We’re taking so many law abiding citizens and basically making them criminals,” Albany County Sheriff Craig Apple said.

Apple said something needs to change.

“These are people that are professionals,” he said. “They are doctors, pilots, lawyers, cops, firemen, whatever the case may be, and then when they go to fly out they get arrested.”

He said it’s great the TSA is doing its job and that isn’t the issue. While other states have adopted the Concealed Carry Reciprocity Act, which allows you to travel from one state to another without penalty, New York still has not.

Apple said arrests like Leach’s will continue until the state does.

“This is sad because it’s happening more and more,” he said.

Many call for change to state gun laws