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ralewis wrote:I don't plan on traveling by air thru Newark with a firearm, and I'll just go thru Philadelphia next time. Just providing the response. Also noting that it took 6 weeks to get a response. Letter attached.

Thanks a bunch.!

Still don't plan to go, but, you never know where a wayward flight might land.

Jumping Frog wrote:

ralewis wrote:After 6 weeks (well past when I actually traveled) , I did finally receive a response from the NJ Attorney General/NJ State Police saying that it is perfectly legal to fly to Newark and drive thru NJ as long as I was in compliance Federal and NJ firearms laws governing transportation of a firearm.

Traveling from Texas to Newark to PA, where I simply picked up my locked luggage at Newark airport, would not worry me.

However, the return trip where I arrive at Newark airport trying to check my firearm through to Texas? That would worry me. I notice he did not answer that question.

No way Jose. Not gonna do it.

Did you receive that reply on April 1st?

Would be great if you could post that letter in PDF or JPG format so I can have a copy for my records.
Easy to black out your personal info using a JPG editor.

Your time in the airport is considered a "Destination" and at this particular "destination" you are not allowed by local law to have a gun, so, FOPA/18 U.S.C.A. 926A does not apply. Good luck getting a different answer out of NJSP. If you do, be sure you've got it in writing and signed. Such a signed letter will be very helpful to your defense.

I'm not sure I can be any clearer... I WOULD NEVER EVEN CONSIDER checking my firearm if my plan required picking up the bag in New Jersey.

If I was driving from TX to, say, NH, my gun would be legal on both ends. I would NOT stop for the night at a NJ hotel, even though I believe FOPA would protect me at a hotel, as long as it's close to the highway and along my planned route. I can find no case law on whether your arrest at Newark can successfully be defended by claiming you are on a FOPA-protected journey. I can find MUCHO case law proving that a New York man cannot travel to NH via a NY airport, even though his gun is legal in his home and legal in NH. Test cases tend to be expensive. This deck is stacked against you.

Recommend: Against.

You can mail (UPS or FedEx, NOT USPS) a gun to yourself in PA, and back home again, without an FFL.

http://www.atf.gov/content/firearms-fre ... ed-persons" onclick="window.open(this.href);return false;
See question 9

Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

Address the package to YOU, C/O (care of) your father at his home address and follow the UPS/FedEx rules for shipping firearms.
This assumes it is legal for you to possess the gun at your fathers home address.

This is my OPINION. IANAL.