Author Topic: Court Upholds Man Arrested For Visible Gun Case In Car  (Read 484 times)

Offline JohnyMac

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Court Upholds Man Arrested For Visible Gun Case In Car
« on: June 03, 2013, 07:52:14 PM »
I copied and pasted this letter from Survivalblog. It reminded me of the time I attended an NRA 5 day course on shooting ranges.

The course was 50% made up of LEO's representing their police department from around the country. Anyhow, I ended up befriending a bunch and one day we went out to lunch together. I had a NRA sticker on my truck and they all started to bust my balls that if they pulled me over they would have me spreadeagled on the pavement. They went on to say that they use bumper stickers as clues to who the occupants are in the vehicle they are approaching.

I no longer sport any kind of bumper sticker on my truck. with the exception of one small one that reads "So hows that hope and change working out for you."

Take heed....

Sir:
The situation described in the recently-cited article (New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car) only underlines frequent Rawlesian reminders for maintaining OPSEC at all times.  His arrest might have been avoided had he simply covered the cargo area with a blanket so the cases were not visible.  Hopefully the conviction will be overturned in a higher court under the provisions of the Firearms Owners Protection Act (FOPA).  In general, this states that: "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." (NRA/ILA Guide to the Interstate Transportation of Firearms)  Note, however, the requirement for a locked container.

One wonders if a warrantless search of a vehicle could be justified on the basis of an NRA sticker, or one that reads "This car insured by Smith & Wesson".
I travel between Maine and South Carolina on a regular basis, having homes in both states.  I avoid driving through New Jersey, but I cannot avoid New York and other unfriendly jurisdictions, and there is always the possibility of someone breaking into your car.  Keeping a low profile at all times is safer, however much you want to advertise your views and affiliations. - Randy in Maine
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