Estimated reading time: 4 minutes
If you ever needed a clean, real-world example of how broken New York’s gun laws are, this is it.
Green Bay Packers offensive lineman Rasheed Walker was arrested at LaGuardia Airport after doing exactly what responsible gun owners are told to do: he declared a legally owned firearm in his checked luggage.
The gun was lawfully owned in Wisconsin.
It was locked in a gun case.
It was declared to the airline.
And that was enough for New York to slap the cuffs on him anyway.
According to reports, Walker informed a Delta Airlines employee that he had a firearm and ammunition in his checked bag while checking in for his flight. His attorney later explained that Walker didn’t realize New York treats lawful travelers like criminals the moment they cross state lines.
In most of America, this interaction ends with paperwork and a boarding pass. In New York, it ends with an arrest.
That’s not a mistake on Walker’s part. It’s a feature of New York’s system.
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Under the Firearm Owners Protection Act of 1986 (FOPA), interstate travelers are supposed to be protected when transporting firearms legally from one place where they’re lawful to another.
New York has spent decades pretending that law doesn’t exist, and airports like LaGuardia and JFK have become infamous trapdoors for otherwise law-abiding gun owners.
CCRKBA Chairman Alan Gottlieb was miffed, calling the arrest another example of New York’s “irrational” and “regressive” gun laws. He’s not wrong.
This is about bureaucratic hostility toward the Second Amendment. Hostility so aggressive that it ensnares people who are actively trying to follow the rules.
Walker is scheduled to appear in court on March 19, and his attorney expects the case to be dismissed. That’s usually how these stories end. Charges dropped. Case tossed. No apology. No consequences for the state. Just another reminder that in New York, the process is the punishment.
Traveling gun owners take note: in New York, doing the right thing can still make you the criminal.
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Rasheed Walker’s lawyer and CCRKBA lawyers should bring suit against both the City of New York, and the State of New York for clear and hostile Human Rights violation by wrongfully apprending a innocent American Citizen who was clearly not committing a criminal act. Walker was clearly, openly declaring that he had a firearm in his checked baggage, locked in a secure case as required by the airline, and not loaded with ammunition. He clearly was covered by the Firearm Owners Protection Act of 1986 and believed he was in compliance with all laws and regulations. Becaquse of that and the possibility thiws may have been a racial hate crime to simply harrass a blatant, “NON-CRIMINAL”, with embarrassment, and insane legal expenses and time wasting, nightmare causing rough hand cuffing, and un-constutional, denial of the most basic Constutional Rights Guaranteed to each and every citizen. This was a clear, outright infringement of the Second Amendment of the Constitution of the United States Of America. Federal Rights Law Trump all State and Federal Laws. This is a Civil Rights Law Not a Criminal Law and Walker’s legal team needs to bring suit against both State and City for 10 Million each. In a Civil Court the jury needs only to tip the scqales of justice just a tiny bit to decide the verdict if the City and State are unjust. If it were a criminal matter the scales of justice held by the blind lady would have to be completely tipped to win a verdict.
This must be done for the future of either we keep our original 10 Individual Human Right or we don’t. The Second Amendment, is clearly managed by up to date modifications such as that Firearm Owner Protection Act, that was clearly violated by State and City. Both need to admit to their crime and pay off the people who they are supposed to be serving and protecting.
We go along with a corrupt legal system and we’d end up with a situation like they have in Iran. Where a “Divine Dictator has all the guns, and the people are unarmed and enslaved. Our Founding Fathers realized the nature of man, and they created that Bill of Rights, which are managed.
Deprivation of rights under color of law. Criminal and civil suit:
42 U.S. Code § 1983 – Civil action for deprivation of rights
18 U.S. Code § 242 – Deprivation of rights under color of law
This is, on the face of it, a very clear violation of his civil rights under 18 U.S. Code § 926A. Of course, this is the People’s Republic of New York we’re talking about, and they have a long history of pushing as far as the Feds will allow in these matters, which is, when there is a Democrat in the White House, a very long way indeed.
It remains to be seen whether the current administration is willing to rein them in. They’re not going to stop until they’re forced to, I think, and it’s going to require the commitment of the military, like we saw in the 1950s.
New York is like a political and legislative wasteland. If parts of ithe State weren’t so beautiful and full of decent people, I would have no use for it.
What a great way to encourage gun owners to visit NY! I wouldn’t visit that state if I were offered free transportation to go there!
Time for a counter suit against the State of NY. If the state actively rejects the Constitution, it should be dis-incorporated and managed as a US territory. Two Senators and all the Representatives removed.
Why did the Delta Airlines counter agent inform anyone else that his suitcase contained a firearm ?
NY State is AWFUL I know because I’ve lived here most of my life. Taking care of family members kept me here. Now that they are gone, my own health problems keep me here. But I figure I will escape soon – in a coffin.
That is such BS. New York always cries about the first amendment, freedom of speech. Well have they ever heard about the second amendment? The right to legally own a firearm. It should be the same in all 50 states. Just like the first amendment is the same in all 50 state. The second amendment should be the same in all 50 states. these governors don’t get to pick en choose. It is the same and is in the CONSTITUTION. Wake up KNUCKLEHEADS.
Misleading article. Ignorance of the law does not get you a pass. If you’re going to travel with firearms, you better do some homework on how. The writer even says in the article that you must be legal at both starting point and destination. His “misunderstanding of the laws” as other articles have stated isn’t a pass.
Before you come at me – I’ve lived in NY my whole life. Have traveled all over the country following Interstate Transportation Law, am a Firearms Instructor and competitive shooter, licensed to carry in 42 states, am not LE. But I carry properly so I don’t give them a reason to strip my rights. None of us have the money to fight what we all know is unconstitutional so unfortunately we have to play their game until it changes.
My $0.02
A big problem is brought out in your comment: “licensed to carry in 42 states…” It should be 50! What other enumerated constitutional right stops at a state border?
I’m not disputing that. And my next sentence after what you quoted affirms that I don’t agree with it.
So explain what is wrong with the position, or we are “coming at you”.
I’m not sure I understand your reply.
What was wrong with the original article was that it lead you to believe that he was arrested “just because” when in fact he was not properly transporting.
The laws as written are complete BS. You won’t find a more staunch opponent to them. I’ve written countless articles and stood up at countless town and county legislative events voicing my opposition. The sad reality is, we must play the hand we deal, or face the consequences. A lone voice shouting will not be heard. And while we might think we are united on this, just look around at any forum you may be a part of. Those of us that are supposed to be united have no problem, badgering each other or calling others ‘poors’ when they should be standing shoulder to shoulder.
Quick example and then I’m done. Getting too old and too tired to have these arguments:
2014 Gubernatorial election.
3,606,359 ttl votes cast. Cuomo received 2,069,480 of them.
There were 3.6 million estimated gun owners in NY at the time. This was 1 year after he introduced the ‘SAFE’ Act.
I’m not sure I understand your reply.
What was wrong with the original article was that it lead you to believe that he was arrested “just because” when in fact he was not properly transporting.
The laws as written are complete BS. You won’t find a more staunch opponent to them. I’ve written countless articles and stood up at countless town and county legislative events voicing my opposition. The sad reality is, we must play the hand we deal, or face the consequences. A lone voice shouting will not be heard. And while we might think we are united on this, just look around at any forum you may be a part of. Those of us that are supposed to be united have no problem, badgering each other or calling others ‘poors’ when they should be standing shoulder to shoulder.
Quick example and then I’m done. Getting too old and too tired to have these arguments:
2014 Gubernatorial election.
3,606,359 ttl votes cast. Cuomo received 2,069,480 of them.
There were 3.6 million estimated gun owners in NY at the time. This was 1 year after he introduced the ‘SAFE’ Act.
Stay safe
FOPA allows for the transport of firearms from one place where they are legal to another place they are legal as long as you comply with certain rules (mainly inaccessible, unloaded, and in a locked case, all of which apply here). That covers travel through places where they are not legally possessed. Unless he was flying from NY to NY, then he should be covered by FOPA for traveling from Wisconsin, through NY, to a state where the firearm was legal. A lot of states require some kind of gun owners card/registration, FOPA makes you exempt from this requirement if you are traveling through the state and not stopping there.
Certain parts of the US would be well-served by ~1.5 megaton airbursts at around 3500 feet over the concerned area’s central point.
as long as there is a good west wind, i don’t want that ny crap blowing my way (Ohio)!
Neutron weapon, maybe?
i was thinking more of hochul’s snizz landing on my car, that kind of toxic fallout…….
Governor Crazy-Eyes? Thanks a bunch, now I can’t unsee that…
I thought the Bruen Decision was supposed to put an end to this totalitarian crap.
skirt the laws with loopholes……his charges will be dismissed the rest of us would rot in jail.