The case is ANJRPC v Port Authority. That was the case where a Utah man enroute to Allentown, PA was diverted to Newark, missed his connection, spent a night in a hotel and then was arrested when trying to check his gun the next day. They dropped the charges but he was arrested and spent a few days in jail. The case was taken up by ANJRPC and recently affirmed by the third circuit. The decision basically said once you get out of your car or the aircraft (a vehicle) and walk through the airport you are illegally in possession of a firearm. In NJ that is a felony carrying a mandatory minimum of 3.5 years in state prison under the Graves act.srothstein wrote:There is a least a district court precedent (and I think the Appeals Court supported it but I do not recall) that said the overnight stop in a city when the plane connection was missed invalidated the FOPA protection. That court, on a case out of La Guardia IIRC, said that each day was a new trip in a case like that.
Be very careful about relying on the FOPA in the New York/New Jersey area.
NYC airports (JFK, LGA, EWR) are extremely bad for out of town folks who bring firearms. In fact, in NYC they are revoking pistol licenses (not carry permits, permits for keeping it in your house) for flying out of JFK with your registered gun. I know this may be unbelievable for folks in free countries like Texas.
If you are ever diverted to Newark, tell the airline to keep your luggage and that you cannot take possession until your final destination.