Earlier this month, Tea Party Patriots leader Mark Meckler was arrested for unlawful possession of a weapon in New York. I received a number of calls and emails about that. Some were because the people know how much Mark Meckler and I do not like each other and some were because they knew I spent most of my adult life working as either a prosecutor or a criminal defense lawyer.
I have specifically refused to blog on the story of his arrest and am not going to comment on it now. But it is a very good warning for conservatives.
Conservatives are much more likely than others to exercise their Constitutional rights and unfortunately this can sometimes lead to trouble. Some states like Arizona allow open carry or as I like to call it, “Constitutional carry.” Other states like California and New York have all but repealed the Second Amendment.
Over the years, I have handled several cases where someone tried to bring a firearm onto an airplane. In most instances, it was a simple mistake. They were unaware the firearm was in the luggage.
Unfortunately, when you are dealing with the Feds, this is a strict liability offense. What that means in plain, non-lawyer English is that it does not matter that you were not aware the firearm was in your luggage, you are responsible.
Fortunately most firearms violations are not prosecuted under Federal law. Most of the time, these cases are referred to the local prosecutor and in many states this offense is only a misdemeanor. If you are caught, the Feds will hit you with a civil penalty of several thousand dollars and then you will have to face the criminal charge.
If you have a weapon, you are responsible for it.
If you are traveling, check your luggage before you leave. When I travel, I always completely empty my luggage on my return and pack everything myself. I also treat several of my bags as “sterile” bags, meaning nothing that could even be considered a weapon EVER goes into those bags.
If you are traveling to another state, even if you have a concealed carry permit in your state, you may not be allowed to carry in your destination state. Again, it is your responsibility to find out what the local laws are. Some states prohibit certain types of knifes and other things such as clubs, tactical batons and even chemical sprays.
Christmas Eve is tomorrow and many of us will be traveling to be with family. None of us will be singing, all I want for Christmas is to make bond!
Permalink Reply by CHRISTOPHER ALMEIDA on NY sucks, unfortunately i make my living here
Permalink Reply by Mike Hampton on Let freedom ring! By the way, we are now able to carry concealed here in Arizona, without a permit. Contrary to the liberal boneheads, shootings did not go up when this law was put into affect.
Permalink Reply by Judson Phillips on The liberals in Tennessee whined that when we created our CCW, blood would run in the streets. Funny nothing like that happened.
Permalink Reply by Robert Bechtel on We have the Castle doc. in PA. and did not see blood in the streets here. Like the liberals said would happen.
Good advice, for sure, to check on the laws at your destination.
I have no idea why you two do not like each other.
However, I would prefer to see more support for a fellow lawful firearm carrier. It seems obvious he had no intent to break any laws. And it is painfully obvious that New York's law(s) are draconian and unconstitutional.
Permalink Reply by Judson Phillips on It is a long story. I have not commented on his arrest nor do I intend to.
Permalink Reply by David J Edwards on NY has had what they call the "Sullivan Act" of 1911. Anyone who owns a sidearm and travels anywhere near NY needs to know about it. It covers the possession or carrying ANY firearm small enough to be concealed plus weapons such as a variety of knife shapes and sizes, brass knuckles, sandbags, blackjacks, bludgeons or bombs. Violations are classified as felonies.
The Sullivan Act was sponsored by a corrupt Tammany Hall NYC politician named Timothy Sullivan. Apparently, he wanted to reduce his chances of being killed for his crimes against New Yorkers.
NY has other ANTI-2nd Amendment, restrictive weapons laws as well.
Permalink Reply by james stamulis on i could have sworn that someone has introduced legislation that would make all states accept concealed permits as they do drivers license. i know i read that somewhere and it makes total sense. the right to bear arms for your protection is not there when you travel because of idiot liberals that run new york etc.
Permalink Reply by Mike Hampton on 
Permalink Reply by Vern Shotwell on I've had such deadly devices as nail clippers confiscated. On a recent flight, the instructions by TSA to those waiting in in the long line included to remove all paper money from their pockets!
I think I'll make a practice of carrying a wad of Kleenex in my pocket. Nobody said anything about Kleenex, yet!
Permalink Reply by Norman Zink on Interesting article, Judson. Thank you for all you do!
Merry Christmas!
Norman Zink
Permalink Reply by Henry L. Blake on Yes legally carrying a weapon is a big hassle in these United States, even with our Constitution and the two recent pro 2nd amendment Supreme Court decisions. Even though the people that engage in weapons carry in this regard are statistically not crime causers but crime preventers we are punished for the actions of criminals who do not care what the law says.
I think it boils down to the fact that most people are afraid and unfamiliar with guns so they don't trust anybody but an
'official" carrying one. Citizens weapons carry has been proven to be very safe. So if we are safe, are a crime deterrent, are protected by the federal Constitution which has been cleared to the state level by the Supreme Court, then WHAT IS THE PROBLEM WITH THESE STATES?
© 2013 Created by Judson Phillips.
