FOPA coverage in case of mistakenly having firearm in the car

[ARCHIVED THREAD] - FOPA coverage in case of mistakenly having firearm in the car

Posted: 10/18/2013 7:34:59 AM EDT

I was traveling down to NJ yesterday for work. I left super early in the morning and about halfway through the drive i realized I hadn't checked my car for mags, ammo or firearms. I was relieved to remember that I went to Canada over the weekend and cleaned out before hand, but I still had some heeby jeebies and a bit of doubt.

Fortunately, I didn't have anything.

But i got to thinking - say I did have a firearm in my car and realized it. Immediately I turn around and begin driving home after realizing my mistake.

Since I am now transporting on my way home to a place where it is legal to have that gun, am I covered by FOPA? What is my original destination - my home address where I left from, or the place where I busted a U turn and headed home?

Anyone ever caught in a scenario like this?

Posted: 10/18/2013 7:38:24 AM EDT

[#1]

I'm pretty sure if you get caught in NJ, you're fooked.

Posted: 10/18/2013 7:41:28 AM EDT

[#2]

This is why if you get pulled over, you keep your fucking mouth shut.

If you're asked where you're going and say "work, in Trenton", you now have no defense because your destination isn't somewhere you can legally have guns. If you don't disclose where you're going and then later it's uncovered that you've got guns in the car (unbeknownst to you), the prosecution would then have to prove your destination.

Posted: 10/18/2013 7:42:53 AM EDT

[#3]

They don't care if you made a mistake.

You'd be another notch in the belt of a cop and or prosecutors belt. and you'd be labeled a criminal and or terrorist.

I hated living on Long island and being any where in NJ was the last thing I wanted to do. A couple of beautiful states completely fucked by libtard laws.

Posted: 10/18/2013 7:47:24 AM EDT

[#4]

I never understood people worrying about traveling with guns. Why would the cop even search your car? Do you guys have like aks in the passenger seat? Don't worry about it. Stick it in the trunk and drive like you have some sense

Posted: 10/18/2013 7:54:06 AM EDT

[#5]

Quote History

Quoted:
This is why if you get pulled over, you keep your fucking mouth shut.

If you're asked where you're going and say "work, in Trenton", you now have no defense because your destination isn't somewhere you can legally have guns. If you don't disclose where you're going and then later it's uncovered that you've got guns in the car (unbeknownst to you), the prosecution would then have to prove your destination.

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Well this is assuming you get caught on the way home after realizing you made a mistake. Your new destination is now home, where they are legal. Your original starting point (home) is also legal.

Does FOPA apply here, then?

Posted: 10/18/2013 7:56:09 AM EDT

[#6]

Quote History

Quoted:
I never understood people worrying about traveling with guns. Why would the cop even search your car? Do you guys have like aks in the passenger seat? Don't worry about it. Stick it in the trunk and drive like you have some sense

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Some cops area assholes, especially in NJ. You may already be nervous getting pulled over especially if it's your first time in the area. Even more so if you realize your dumbass didn't take your shotgun out of the trunk before you left. That "nervousness" you display is now evidence of nefarious behavior.... which causes them to give you a hard time. They will end up searching your car, warrant or not, and will get one if you play the warrant game.

Also, some situations are out of your control. Some asshole changed into my lane at 70mph with no turn signal and almost swerved me off the road.... if there was a car crash, it would have been identified one way or another that you were carrying it.

Posted: 10/18/2013 7:57:36 AM EDT

[#7]

If you get stopped, tell the cop you are not going to search my car for a "traffic ticket" if they ask, and do not ever give consent.

Posted: 10/18/2013 8:15:05 AM EDT

[#8]

If you get pulled over. Just Shut Your Fucking Mouth and take your ticket and go.

Posted: 10/18/2013 8:19:22 AM EDT

[#9]

FOPA is a federal protection. It doesn't help you much if you are breaking state or local laws where you are travelling.

Posted: 10/18/2013 8:22:20 AM EDT

[#10]

Quote History

Quoted:
FOPA is a federal protection. It doesn't help you much if you are breaking state or local laws where you are travelling.

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Incorrect.

http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#.22Safe_Passage.22_provision

Posted: 10/18/2013 8:22:50 AM EDT

[#11]

Quote History

Quoted:
FOPA is a federal protection. It doesn't help you much if you are breaking state or local laws where you are travelling.

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I thought that was the purpose.(Damn beat by 30 seconds)

Posted: 10/18/2013 8:24:38 AM EDT

[#12]

Quote History

Quoted:

FOPA is a federal protection. It doesn't help you much if you are breaking state or local laws where you are travelling.

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um, no. The whole point of the safe passage previsions of FOPA were to protect people against bad local gun laws.

Unfortunately, NJ and NY both simply choose to ignore it, and they have gotten away with ignoring it for years.

Keep your mouth closed, and don't consent to a search.

Posted: 10/18/2013 8:25:59 AM EDT

[#13]

Quote History

Quoted:
If you get pulled over. Just Shut Your Fucking Mouth and take your ticket and go.

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This. It'll save you the headache and save your dog's life.

Posted: 10/18/2013 8:29:31 AM EDT

[#14]

Quote History

Quoted:
If you get pulled over. Just Shut Your Fucking Mouth and take your ticket and go.

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Yep - that's what I already do.

Just wondering - I know FOPA covers legit transport, say from your house in NH to your dad's house in GA (clear source and destination). But what about driving to a non-free state and you leave a firearm in the car by accident, then turn around and go home (destination and source both change when you decide to return home).

I know states, ignore FOPA, but my question revolves around what FOPA is intended to cover and if it offers protection in case of mistakes such as the one I described.

Posted: 10/18/2013 8:33:50 AM EDT

[#15]

I do not believe that is a valid defense.

There is no conceivable way you were driving from home to home and had to drive through NJ to do it.

Now if you're northbound and you say you just came back from PA and were headed home, you may have a valid defense. IMHO you're much better off saying nothing though.

Posted: 10/18/2013 8:35:20 AM EDT

[#16]

Quote History

Quoted:
Yep - that's what I already do.

Just wondering - I know FOPA covers legit transport, say from your house in NH to your dad's house in GA (clear source and destination). But what about driving to a non-free state and you leave a firearm in the car by accident, then turn around and go home (destination and source both change when you decide to return home).

I know states, ignore FOPA, but my question revolves around what FOPA is intended to cover and if it offers protection in case of mistakes such as the one I described.

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Quote History

Quoted:

Quoted:

If you get pulled over. Just Shut Your Fucking Mouth and take your ticket and go.

Yep - that's what I already do.

Just wondering - I know FOPA covers legit transport, say from your house in NH to your dad's house in GA (clear source and destination). But what about driving to a non-free state and you leave a firearm in the car by accident, then turn around and go home (destination and source both change when you decide to return home).

I know states, ignore FOPA, but my question revolves around what FOPA is intended to cover and if it offers protection in case of mistakes such as the one I described.

Probably not covered, at least not under a strict reading of FOPA.

Posted: 10/18/2013 8:37:15 AM EDT

[#17]

FOPA is for while you're in transit. If your start and finish locations are the same then it is not transit.

Posted: 10/18/2013 8:40:50 AM EDT

[#18]

Quoted:

I was traveling down to NJ yesterday for work. I left super early in the morning and about halfway through the drive i realized I hadn't checked my car for mags, ammo or firearms. I was relieved to remember that I went to Canada over the weekend and cleaned out before hand, but I still had some heeby jeebies and a bit of doubt.

Fortunately, I didn't have anything.

But i got to thinking - say I did have a firearm in my car and realized it. Immediately I turn around and begin driving home after realizing my mistake.

Since I am now transporting on my way home to a place where it is legal to have that gun, am I covered by FOPA? What is my original destination - my home address where I left from, or the place where I busted a U turn and headed home?

Anyone ever caught in a scenario like this?

View Quote

You mean theoretically you drove from your home in CT, through NY and then into NJ. Once in NJ you realized you had a pistol in the car and turned around and went back? Would you be protected from FOPA on the return trip back claiming that the gun is legal in CT and that is where you started and intend to return? I would say no. I think they would see this as a trip to and from NJ. Otherwise FOPA would cover anywhere by claiming you are travelling in a circle

Posted: 10/18/2013 8:43:07 AM EDT

[#19]

Quote History

Quoted:

Incorrect.

http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#.22Safe_Passage.22_provision

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Quote History

Quoted:

Quoted:
FOPA is a federal protection. It doesn't help you much if you are breaking state or local laws where you are travelling.

Incorrect.

http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act#.22Safe_Passage.22_provision

Well, tell that to the countless number of people who are arrested or charged with illegal gun poosssion while travelling through places like MA, NJ, NY, etc. FOPA didn't help them at all.

Posted: 10/18/2013 8:45:41 AM EDT

[#20]

Quote History

Quoted:
You mean theoretically you drove from your home in CT, through NY and then into NJ. Once in NJ you realized you had a pistol in the car and turned around and went back? Would you be protected from FOPA on the return trip back claiming that the gun is legal in CT and that is where you started and intend to return? I would say no. I think they would see this as a trip to and from NJ. Otherwise FOPA would cover anywhere by claiming you are travelling in a circle

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Quote History

Quoted:

Quoted:
I was traveling down to NJ yesterday for work. I left super early in the morning and about halfway through the drive i realized I hadn't checked my car for mags, ammo or firearms. I was relieved to remember that I went to Canada over the weekend and cleaned out before hand, but I still had some heeby jeebies and a bit of doubt.

Fortunately, I didn't have anything.

But i got to thinking - say I did have a firearm in my car and realized it. Immediately I turn around and begin driving home after realizing my mistake.

Since I am now transporting on my way home to a place where it is legal to have that gun, am I covered by FOPA? What is my original destination - my home address where I left from, or the place where I busted a U turn and headed home?

Anyone ever caught in a scenario like this?

You mean theoretically you drove from your home in CT, through NY and then into NJ. Once in NJ you realized you had a pistol in the car and turned around and went back? Would you be protected from FOPA on the return trip back claiming that the gun is legal in CT and that is where you started and intend to return? I would say no. I think they would see this as a trip to and from NJ. Otherwise FOPA would cover anywhere by claiming you are travelling in a circle

The irony is, you could just pick a state like PA and say you were heading to and from there. They'd still probably nail you anyway, because it's in their nature....

[ARCHIVED THREAD] - FOPA coverage in case of mistakenly having firearm in the car

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