Tuesday, May 22, 2012

HR4269: Protecting Meredith Graves

Remember Meredith Graves, the Tennessee nurse who was arrested for being a legal gun owner who visited New York City?

http://priscillaking.blogspot.com/2012/03/update-nurse-visiting-new-york-with.html

And then there was the Navy SEAL who was not only arrested, but hospitalized, for telling the arresting officer he was a Navy SEAL...

http://priscillaking.blogspot.com/2012/01/more-reasons-not-to-visit-new-york-city.html

Congressman Morgan Griffith (R-VA9) is sponsoring a bill that would prevent similar problems in the future. From his newsletter:

Griffith Fights for Gun Rights
The Second Amendment to the United States Constitution is very explicit: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” I stand by this Amendment; and I wholeheartedly support it. I recently introduced legislation (H.R. 4269), which would strengthen federal protections for law abiding Americans traveling with firearms.

In 1986, Congress passed the Firearms Owners’ Protection Act (FOPA). This bill included protections for individuals transporting firearms between jurisdictions where they are legally allowed to have them. While most states comply with FOPA’s ‘safe passage’ provision, some states continue to harass and detain travelers who are abiding by federal law. For instance, the National Rifle Association cites some examples:

In 2004, the Port Authority Police Department (PAPD) arrested John Torraco at LaGuardia Airport for possession of a firearm. Torraco, an attorney and law professor, had stored his legally owned unloaded handgun in his checked luggage. However, when he declared the firearm to the counter agent (as required by federal law), he was arrested and charged with possession of an unlicensed handgun.

In 2005, William Winstanley, a New York state resident, was detained at JFK International Airport when he attempted to check a handgun in his luggage, again in compliance with the requirements of § 926A. Winstanley was not arrested, but his travel was delayed for several days while he proved that he was in compliance with federal law.

In 2007, Greg Revell, a Utah resident, was flying through Newark Liberty International Airport to his final destination in Pennsylvania. However, his flight into New Jersey was late, which caused him to miss his connecting flight. Revell was forced to collect his baggage and spend the night in a Newark hotel. When he attempted to recheck his baggage the following morning, he declared the unloaded handgun to the counter agent. PAPD officers arrested Revell for illegal possession of a handgun and ammunition under New Jersey law. Revell spent three days in jail before he was able to make bail.

My bipartisan bill puts an end to these practices and makes it clear that the rights of American citizens can no longer be ignored. If you’re legally transporting your firearm, stopping overnight, filling up at the gas station, or stopping for an emergency, you are protected. The legal burden of proving a violation now falls to the states, and provides for the possibility of compensation for those unlawfully prosecuted.

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