Giving FOPA some teeth.

The  Firearm Owners Protection Act, simply stated says that if you can legally own a firearm where you are and  you can legally own a firearm where you are going, you are not supposed to be harassed or arrested while in transit even if the you are not “legal” in between. You need to carry your firearm in a way determined by law, but other than that, you are supposed not to be sent to jail. period.

Of course, the intention of the law got trashed in places like New York and New Jersey where if you are stopped legally carrying a firearm under FOPA, it gets ignored and you will be wearing handcuffs soon enough. Rumor has it that having a Florida plate during  transverse through the Garden State will ensure you a stop and a full vehicle search because we are the Gunshine State.

HR 358 intends to make clear to other jurisdictions that they are no longer allowed to be assholes, but that it will become rather costly for them to do so.

“(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief.

Basically, if you are arrested because they just felt like it, you can sue from the cop, trooper or deputy that arrested you all the way to the Governor in Federal court. Best part, your lawyer will also have his fees and expenses paid by the State.

And also, since it appeared that the Northeastern states were in need of a Crayola Explanation, one was given:

“(b) In subsection (a), the term ‘transport’ includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport,

And this bill already has a counterpart in the senate according to NRA-ILA:

The first such bill was H.R. 358, filed by Rep. H. Morgan Griffith (R-VA) and 38 cosponsors in February. Joining him this week was Sen. Orrin Hatch (R-UT), who introduced S.618 on Tuesday.

This bill has been a long time coming. Expect the traditional BS coming out of Everytown and assorted jackasses from new Jersey. I am willing to bet that will raise opposition in the name of the Iron Pipeline and TSA finding guns in carry on luggage. I know it has nothing to do with the price of the price of Jimmy Dean Sausage in Nepal.

 

6 Replies to “Giving FOPA some teeth.”

  1. Not enough. They need to deal with the transport on plane issue. ie; That locked and unloaded doesn’t require one have zero access to the firearm, only no access to the firearm while it is loaded.




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  2. It still won’t mean squat to the control states. It will only have bite to it when they make the monkeys PERSONALLY responsible for their illegal actions. And given the stupidity of both state and federal judges now days I don’t see many of the cases getting very far. As long as the taxpayers are footing the bill when of IF they lose in court, the control freaks in those places will continue to abuse. The peasants may whine and complain but their masters will ignore them and carry on.

    After the latest round of total stupidity of the Fla Supreme Court, the 4th and the 9th Appeals courts ruling that since you can very restrictedly bear arms then it’s OK for the gubment to infringe on your rights.




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    1. Expect the same from states like NJ, CA, and NY when concealed carry reciprocity passes. They’ll simply ignore the law and continue to gleefully arrest people. There need to be severe penalties, both criminal and civil, for anyone who knowingly and deliberately violates a person’s civil rights. It starts at the top – politicians and agency heads who ignore legal protections need to be the first ones on the chopping block.




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  3. If this passes I’m going to spend my vacations driving my truck with Alabama plates and a rear window covered in gun stickers back and forth between New Hampshire and Virginia with an unloaded AR locked in the toolbox in the bed. I could use some NYC taxpayer money as a settlement.




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