It’s about time

The bigots in New York and New Jersey routinely violate Federal law and arrest gun owners that attempt to check their guns in as baggage on commercial flights.

David Hardy has links to briefs in the lawsuit against them. The facts of the case will probably enrage you:

However, Torraco testified that Sgt. Goldberg’s first question was “Where is your New York license?”. Goldberg testified that he asked if Torraco had a New York permit, to which Torraco explained that under 18 U.S.C. § 926A, he did not need one.

Torraco urged Goldberg to call the state prosecutor or other person who would know about § 926A. Goldberg “told me federal law does not apply in the State of New York. He told me very condescendingly that he ain’t calling nobody and that I was in his jurisdiction.”

Defendant Officer Robert Paulsen arrived at the scene and requested, and was shown, Winstanley’s permits for the firearms and driver’s license. He asked Winstanley if he had an Arizona permit. Winstanley responded that he did not need a permit to carry a weapon openly in Arizona, but that he did have a Florida permit, which permitted him to carry a concealed weapon in Arizona. Paulsen disagreed, although he later testified that he was only trained in New York and New Jersey state law. Winstanley asked to speak to Paulsen’s supervisor. Paulsen told Winstanley that if he persisted in asking to speak to a supervisor, he would place him under arrest.

“Federal law does not apply in the State of New York” and “I was his jurisdiction”. What if this was some big-bellied sheriff in Mississippi or Alabama saying that to a black guy and his wife peacefully going about their business?

I did note with some satisfaction the lawsuit “seeks to redress the deprivation, under color of the laws, statute, ordinances, regulations, customs and usages of the State of New York, of rights, privileges or immunities secured by the United States Constitution and by Acts of Congress.” And that it is against the following organizations and individuals:

PORT AUTHORITY OF NY & NJ BOARD OF COMMISSIONERS; KENNETH J. RINGLER, JR., Executive Director, Port Authority of NY & NJ; PORT AUTHORITY POLICE DEPARTMENT; SAMUEL J. PLUMERI, JR., Director of Public Safety/Superintendent of Police, Port Authority Police Department; CHRISTOPHER TRUCILLO, Chief, Port Authority Police Department; Port Authority Police SERGEANT GOLDBERG; Port Authority Police Officer ANTHONY ESPINAL (shield # 2134); Port Authority Police Officer PAULSEN (shield # 2306); Port Authority Police Officer, unknown at present (shield #1400); Port Authority Police LIEUTENANT, unknown at present (Lieutenant John Doe IV); Port Authority Police SERGEANT, unknown at present (Jane Doe I); Port Authority Police Officer, unknown at present (John Doe I); Port Authority Police Officer, unknown at present (John Doe II); and Port Authority Police Officer, unknown at present (John Doe III)

Until the individual bigots involved start having to pay a price this sort of thing will not stop. Maybe this time they will get slapped down by the courts rather than merely having the charges against the gun owners dropped as is usual in these cases.

Even so, it is my intent to not set foot in New Jersey unless I can buy hunting tags for New Jersey law enforcement and politicians.


3 thoughts on “It’s about time

  1. Law enforcement screening practices need constant review, though one is given to wonder whether they can afford to be very picky if they are to fill the ranks. I don’t envy cops, or the screeners. Very few people have what it takes to be a good cop, yet the position of authority seems to attract some seriously bad apples at times.

  2. In the case of the Port Authority they have been told many, many times that the Firearms Protection Act of 1986 means they can’t harrass gun owners traveling with unloaded guns. Yet they arrest everyone they get their hands on. If the person fights it in court they are usually offered a deal and don’t get their gun back. If the victim continues to fight they win–every time. But the cops and prosecutors keep arresting and charging people. They are knowningly and openingly defing the law. It’s time they paid a price for that.

  3. I especially liked that TSA employees, after legally checking in the firearm correctly locked in its container in the luggage, after putting the luggage on the plane, called the police to report the firearm, following local law enforcement procedures.

    I also note that waiting for the availability of licenses to hunt NJ politicians marks you as a hopelessly law abiding individual.

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