18 USC 926A entitles a person to transport a firearm in this situation. NY is apparently the only state where passengers are arrested when they comply with TSA procedures to transport firearms by air. We are litigating this policy in the US Court of Appeals for the 2nd Circuit. [Attached is our opening brief. SENT WITH PREVIOUS EMAIL, MAY BE TOO LARGE FOR THIS LIST.] We have had oral argument and are awaiting a decision. Your friend needs to retain a local NY attorney who can probably get the charge dismissed by citing 926A. Have your friend contact me if he/she wishes to discuss or needs a referral.
Stephen P. Halbrook Attorney at Law 3925 Chain Bridge Road, Suite 403 Fairfax, VA 22030 Tel. (703) 352-7276 Fax (703) 359-0938 Email: prot...@aol.com Website: www.stephenhalbrook.com In a message dated 7/29/2009 8:40:43 A.M. Eastern Daylight Time, PROTELL writes: 18 USC 926A entitles a person to transport a firearm in this situation. NY is apparently the only state where passengers are arrested when they comply with TSA procedures to transport firearms by air. We are litigating this policy in the US Court of Appeals for the 2nd Circuit. Attached is our opening brief. We have had oral argument and are awaiting a decision. Your friend needs to retain a local NY attorney who can probably get the charge dismissed by citing 926A. Have your friend contact me if he/she wishes to discuss or needs a referral. Stephen P. Halbrook Attorney at Law 3925 Chain Bridge Road, Suite 403 Fairfax, VA 22030 Tel. (703) 352-7276 Fax (703) 359-0938 Email: prot...@aol.com Website: www.stephenhalbrook.com In a message dated 7/29/2009 5:54:31 A.M. Eastern Daylight Time, jonat...@ucla.edu writes: Hi All, A friend of mine just got arrested in ny on an illegal weapons charge. They were travelling back to la thru a ny airport, when they went to the counter to declare their firearm (unloaded, locked hard container) they got arrested for illegal possession of a pistol. Point of origin and destination were legal places for ownership/possession. A quick google search shows this is apparently not uncommon. If anybody had any advice for my friend, I would greatly appreciate it(!), but, separately, I am not sure how this law (and the enforcement thereof) is constitutional?? It seems like this should fall under protections of interstate commerce as well as equal protection, or, am I misreading the situation? Honestly, I don't see how somebody could legally travel if they have an in transit stop in nyc and that seems like it shouldn't be the jurisdiction of the city to decide. Demographically, my friend would probably make a good test case for a challenge of the law (upright citizen/socially conscious/does academic research in social welfare for minorities), but, that too seems probably a battle that is hard to fight in terms of time/resources. Again, advice/explanations welcome, Jonathan ____________________________________ _Hot Deals at Dell on Popular Laptops perfect for Back to School_ (http://pr.atwola.com/promoclk/100126575x1223106546x1201717234/aol?redir=http://altf arm.mediaplex.com/ad/ck/12309-81939-1629-8) **************Hot Deals at Dell on Popular Laptops perfect for Back to School (http://pr.atwola.com/promoclk/100126575x1223106546x1201717234/aol?redir=http:%2F%2Faltfarm.mediaplex.com%2Fad%2Fck%2F12309%2D81939%2D1629%2D8)
_______________________________________________ To post, send message to Firearmsregprof@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
