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by cb1000rider
Thu Sep 11, 2014 3:10 pm
Forum: Other States
Topic: Pennsylvania CHL Holder Arrested in New Jersey
Replies: 77
Views: 15902

Re: Pennsylvania CHL Holder Arrested in New Jersey

VMI77 wrote: Many prosecutors are scoundrels, but the flavor of injustice they serve up is a product of their particular ideological biases and whatever is opportunistic. Hence, the ones on the right like caging people for years when for things like consuming plant life the government doesn't like, and the ones on the left like to cage people for transgressing their ideological orthodoxies, e.g. owning guns and defending themselves. Both are authoritarians just expressing different aspects of authoritarianism.
That's a good assessment.. If they're going to dish out injustice, they'll do it from whatever ideological basis they have. My point is that it's not isolated to either side. Plenty of it to go around. There's personal culpability here and blaming it on a political faction takes away from that, at least in my mind.
by cb1000rider
Wed Sep 10, 2014 4:24 pm
Forum: Other States
Topic: Pennsylvania CHL Holder Arrested in New Jersey
Replies: 77
Views: 15902

Re: Pennsylvania CHL Holder Arrested in New Jersey

Uh-huh. And conservative prosecutors are so much more fair, right, Ken Anderson.....

At least give 'em some personal culpability here.
by cb1000rider
Wed Jul 16, 2014 1:43 pm
Forum: Other States
Topic: Pennsylvania CHL Holder Arrested in New Jersey
Replies: 77
Views: 15902

Re: Pennsylvania CHL Holder Arrested in New Jersey

VMI77 wrote: There is already a Federal Law that allow you to travel between states with weapons unloaded and locked in a gun case. States like New Jersey just ignore it. And you're not going to see any DOJ intervention under our criminal AG.
I was unaware... It would have saved me the hour I spent trying to figure out what constitutes a "gun case" in Illinois.
Here's the reference: Firearms Owners’ Protection Act, or FOPA

Details:
Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.
And a Footnote:
Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.
NJ Footnote:
NEW JERSEY—New Jersey has highly restrictive firearms laws. The New Jersey Supreme Court has ruled that anyone traveling within the state is deemed to be aware of these regulations and will be held strictly accountable for violations. Revell v. Port Authority of New York & New Jersey, 10-236
I assume this means that I *should* be OK as long as firearms are in locked storage that is not accessible from inside a vehicle. I also get to recognize that I can still get arrested in NJ or Illinois, if I violated state/local ordinances or am caught with the wrong "type" of weapon/ammunition.

Again, all this does is encourage me to not tell the truth if stopped in a state like that... Nothing good can come of it.
by cb1000rider
Wed Jul 16, 2014 12:31 pm
Forum: Other States
Topic: Pennsylvania CHL Holder Arrested in New Jersey
Replies: 77
Views: 15902

Re: Pennsylvania CHL Holder Arrested in New Jersey

jimlongley wrote:Is there even the remotest possibility that this is, or could be made to be, a test case?
A test case of what? NJ has already had some fairly high profile prosecutions of people who were otherwise law-abiding and just happened to do things wrong in NJ. Here's a good reference: http://www.freerepublic.com/focus/news/ ... s?page=120" onclick="window.open(this.href);return false;

I'm no legal expert, but what would help here is some sort of national "right to travel" indication that the states can't infringe on. That is, if you're carrying unloaded firearms that aren't easily accessible, the states can't necessarily restrict that. One could claim that clearly this is granted under our 2nd amendment, but apparently that isn't the case.
by cb1000rider
Tue Jul 15, 2014 2:34 pm
Forum: Other States
Topic: Pennsylvania CHL Holder Arrested in New Jersey
Replies: 77
Views: 15902

Re: Pennsylvania CHL Holder Arrested in New Jersey

jmra wrote: Ultimately, just or not, as individuals we have a responsibility to educate ourselves regarding the rules and regulations related to activities in which we choose to participate. The town I work in has an ordinance on the books that states you can't make a u-turn. There aren't any signs saying you can't make a u-turn, but that argument will get you nowhere when you get pulled over because ignorance of the law is no excuse. Sucks for out of towners but that's the way it is. Fortunately that's just a ticket and not 3 yrs in jail. Back to this case, if you have any active brain cells whatsoever you have to know that you are subject to the laws of the state you are traveling in. If you don't do your homework you fail. In this case failure comes with a hefty price.
I'm with you on the personal responsibility. However, we (on this forum) spend tons of time talking about the laws of our state just to get clarity on them. We live in a big ole' state where it can take 8 hours to cross the boundaries. Up there in the NE, you can cross several boundaries in an hour... Expecting people to know the intricacies of each state's law is burdensome and isn't a realistic expectation.

We all know that ignorance is no excuse. However, in this case, as a tax payer, I'd expect some "selective" prosecution if such is allowed by law. Locking good people up because they made a simple, albeit ignorant, mistake doesn't do anyone any good.

I'm traveling by RV to Michigan this year. I looked up the reciprocity maps and know I'm OK in the vehicle all the way up to Illinois. However, in Illinois, I know that I'm "not OK" and probably spent about an hour just trying to understand what how I can legally transport weapons "outside" of my vehicle. In particular, the legal definition of "case", which all firearms must be in.. I'm not going to bother looking up what types of signs have the force of law in all those states, I'm just going to avoid the issue by abiding by all signs. But lets say that I was stopped in Illinois and was asked if the vehicle had any weapons (anywhere)? Sure seems like the smart answer would be "no". Zero penalty of lying, big penalty if you're doing it wrong.

There local jurisdictions in Illinois that have MORE restrictive gun laws than the state itself... And is it reasonable for me to look up every single county / city restriction that is possible anywhere I travel? I know better than to go to Chicago, but really?

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