Tea Party Patriots co-founder arrested for handgun at airport

[IDemo]

By Eric W. Dolan
Thursday, December 15, 2011

Mark Meckler, co-founder of the Tea Party Patriots, was arrested Thursday at New York’s LaGuardia Airport and faces up to 15 years in prison for illegally traveling with a handgun.

He presented a locked gun box to a Delta Airlines employee during a preflight check-in, which contained a Glock 27 pistol and nineteen 9mm cartridges, according to prosecutors. Meckler told authorities he had the handgun because he gets threats. But he does not have a New York State carry permit.

Meckler was charged with criminal possession of a weapon in the second degree, a Class C felony, and released following arraignment.

“Mark Meckler, an attorney and National Coordinator for Tea Party Patriots, who holds a concealed-carry permit from the state of California, today was charged with a firearms violation at LaGuardia Airport in New York City,” said Meckler’s lawyer, Brian Stapleton, in a statement.

http://www.rawstory.com/rs/2011/12/15/tea-party-patriots-co-founder-arrested-for-handgun-at-airport/

[AnOhioan]

1. He obviously mis-spoke

It's not that he "gets" threats...but he "makes" them.

[orpupilofnature57]

2. +1

[jaysunb]

3. Not above the law...

This felony or lesser plea will negate his eligibility to have a CCP here in California.

Thanks New York.

[gejohnston]

7. if convicted of a felony, will also

make it a federal crime to even touch one

[napi21]

4. He's an attorney???? Obviously not a very good one!

As to the possible threats...he's spent the last several years asking for them!

[thucythucy]

5. This may be part

of a strategy to get the Supreme Court to strike down local gun laws.

Isn't there an effort to pass a bill in Congress that would automatically extend a right to carry permit to apply to any and all states, once it's granted in one? That is, if someone gets a license in California (or Texas or Alaska) this would automatically make them eligible to carry anywhere, no matter what the local laws.

Could this be an effort to set up a test case to argue before the federal courts, with the goal of it reaching the USSC?

Just wondering.

If not, then yes, this man is a very bad attorney.

[izquierdista]

6. I think you have hit upon it.

Maybe this is a conniving attorney who wants to get laws tossed out as violating the commerce clause of the Constitution. Why else fly through LaGuardia with a gun in a box?

[gejohnston]

9. I think you meant

the full faith and credit clause. A legitimate reason would be on your way to a target competition or hunting trip. At least he complied with FFA regulations in declaring and checking it.

If your theory is correct, he will lose. Partly for the reason in another post, plus a 2A challenge after being convicted of something is a sure loser.

[gejohnston]

8. I doubt it

unless he is really stupid, and it would be an awful attempt. My theory is that he was just too stupid to go to this web site:

http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html

Reasonable state licensing laws have been upheld since at least 1894
http://supreme.justia.com/us/153/535/case.html
Edit to add: In the late 19th century and first half of the last Texas, like most southern states at the time, had stricter gun laws. The decision upheld Texas' licensing requirement for handgun possession.

The national CCW recognition would work the same as drivers licences, and still subject to local laws. For example, if someone from Ohio (where you can carry in a bar) goes to Wyoming thinking he can do so there would be in for a rude awaking. No permits would be valid in Illinois.

Oh yeah, this idiot's California CCW is not valid in Wyoming either.

[bluedigger]

21. He's a bad attorney either way.

Only an idiot would use themselves as bait with a potential 15 year prison sentence if they lost.

[quakerboy]

36. Yuppers

That was the first thought through my head.

Well, the third.

First was :dumbass

Second was :no way this guy serves time.

Third was :This is just to get it in front of the SCOTUS so that the activist conservative judges can strike down as many gun laws as possible before this presidential term ends. Dual bonus wins for the RW, it excites their gun nut base about what they are doing, maybe get them to overlook some of the less legal, less ethical things they do. Plus it helps knock those laws out ahead of time in case of a second Obama term, and a changing of the SCOTUS Hard right balance.

[MADem]

10. Taking frequent flyer lessons from Mrs. Lou Dobbs, is he?

http://www.flyertalk.com/forum/archive/t-263978.html

[petronius]

11. There was a woman arrested for this a few months ago,

which was discussed in the gungeon a bit. There is a federal law that allows travel through jurisdictions such as this, even if firearm carry/possession would be otherwise illegal for that person in that place. So he may have a strong case, depending on whether he was truly in transit, and not visiting NYC...

[GaltFreeDiet]

12. I hope he receives the level of compassion and mercy

that he advocates for other criminals.

[Javaman]

13. read my sig. nt

[Remmah2]

14. Gotta love NYC gun laws.

Where only the 1% are allowed to own firearms (Bloomburg & cronies).

[leftynyc]

16. You're quite mistaken

Paperwork and a waiting period for a background check are all that's needed for a handgun license in NY. Sounds reasonable enough to me and all the other handgun owners in the Empire State.

[Remmah2]

17. LaGuardia Airport is in NEW YORK CITY

New York City has King Bloomburg and a whole stricter set of laws than the rest of NY STATE.

NOT REASONABLE.

[leftynyc]

18. Lived here my whole life

and don't know anyone who wanted a handgun (who wasn't a criminal or crazy) that wasn't able to get one. What is hard is to get a concealed/carry license.

[Remmah2]

28. I owe you an apology then.

Us upstaters have been misinformed.

[PavePusher]

40. Yeah, but you still have to get government permission....

and they are still violating the second half of "...keep and bear...".

Dictatorial thuggery.

[Lurks Often]

15. Under Federal law

A person is allowed to transport a unloaded, locked gun if they are legal in their home state and legal in their final destination. (That does not necessarily require a permit) The article does not mention where Meckler was visiting on the East Coast.

NYC is famous for this and according to something I read elsewhere, generally allow non-residents to just pay fine. A strong argument can be made that NYC is in violation of Federal law that governs interstate travel with a firearm.

[Xithras]

19. I've seen mentions elsewhere that he had actually been staying in New York.

If that's the case, then federal transportation rights wouldn't apply, because New York was his destination state and he would have needed to comply with their gun laws. New York doesn't have permit reciprocity with California, so his CA permit wouldn't provide him with any rights. California permits ARE recognized in more than a dozen states, but NY isn't one of them.

It sounds like Meckler flew to New York with his handgun, stayed a few days, and got caught on his way out. He broke the law.

[Lurks Often]

29. Not quite

There is no requirement that he have a pistol permit in NY or NYC as long as he was NOT carrying concealed on him.

Here is a quote from the relevant Federal Law:
"Transporting Firearms During Travel
A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.

Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console."

[boppers]

32. He was staying in NYC, and was attempting to travel to Detroit.

http://online.wsj.com/article/SB10001424052970203893404577101074044272042.html

[Lurks Often]

33. And did you see the last 2 paragraphs

of the article that said that, since he is a CA resident and that he legally owns the gun in CA, they will essentially fine him and destroy the gun?

That tells me that NYC knows that what they are doing is in a legally grey area and don't want to go to court.

[boppers]

34. Interesting:

From: http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

"Special Advisory for New York and New Jersey Airports: Despite federal law that protects travelers, authorities at JFK, La Guardia, Newark and Albany airports have been known to enforce state and local firearms laws against airline travelers who are merely passing through the jurisdiction. In some cases, even persons traveling in full compliance with federal law have been arrested or threatened with arrest. As noted above in the section entitled "Federal Law on the Transportation of Firearms," FOPA`s protections have been substantially narrowed by court decisions, and persons traveling with firearms may want to avoid New York and New Jersey or make arrangements to ship their firearms to their destination, rather than bringing them through these jurisdictions."

[bluedigger]

20. Yeah, he's a dummy, but...

Did he fly in from California with his handgun in checked baggage?

Why did they release it to him when he arrived without the proper documentation?

If it was OK to leave the airport with it, they shouldn't be hassling him when he returns.

Of course, he could have arrived on a private flight or by other means.

[yellowcanine]

22. Are bags with handguns in them "flagged?" If not, he could have had it in his luggage and

picked up his bag from the carousel and walked out of the airport with it.

[bluedigger]

23. I assumed that they were tracked by the airlines.

I really don't know. Maybe once you declare and check it, that's it, but it doesn't seem reasonable they would just mix it with the rest of the luggage at the pick up carousel. What if it isn't claimed? Anybody know?

[yellowcanine]

24. Given the way airlines normally handle baggage it doesn't seem unreasonable to me that they would

just mix it in. Have you ever had anyone check your baggage claim ticket at a baggage carousel? I haven't.

[bluedigger]

25. Good way to smuggle guns...

Just check it in, let somebody else (accomplice) pick up the bag, and file a lost bag claim with the airline. The gun is now on record as "lost". Of course you could only do it once, or you would have to use "mules".

If I were picking up a bag with a weapon in it, I would be checking to make sure it was in there before I left the terminal I think.

[PavePusher]

38. I always check.

But then I usally arm up in the nearest bathroom before leaving the immediate area.

[melm00se]

41. i have

what happens is that you walk up to the ticket counter, tell them you have something to declare and the usual response is:

"Is it unloaded" while they reach for a form (the size of a 3x5 card) which you fill out (name, address, flight number and date) and sign (affirming that the gun is unloaded). You get asked if you have ammunition and how much (5kg is the max). Some airports want you to open up the case others don't.

you either place the locked case inside your luggage (only you have the key/combination) or place the locked hard case with the agent.

Then you follow your bag to the giant x-ray machine at the end of the baggage conveyor, the agent tells the screener you have a declared item. They run it through the x-ray machine and give you the thumbs up or pull you aside (never had that happen).

At no time is a special tag placed on the bag.

upon arrival, you pick up your bag off the carousel and away you go.

My advice when travelling is to field strip your weapon and have all the magazines (empty) in a separate container (they don't need to be under lock and key) and smile, say "have a nice day" and thank them for their extra time.

Long guns go thru the same process but you usually have to pick them up for the large luggage place (along with skis and other things larger than your regular suitcase. Walking thru the airport with a long gun case usually catches a few looks but nobody screams out "he has a gun".

I leave the airport and proceed to the nearest place where I can procure ammo and, depending upon local laws and reciprocity, load up.

I do this a couple/three times a year going to matches. Never had a problem or an issue. I do refuse, however, to fly thru NYC or NJ and will pay extra to avoid going thru those airports to avoid any hassle.

[yellowcanine]

42. But normally the claim ticket is not checked against the bag tag when picking up luggage.

Someone could easily take a bag containing a gun into a jurisdiction without the required permits for that jurisdiction. That was my point.

[melm00se]

43. bags containing firearms

cannot be tagged to indicate that it contains one. that would be like placing a big STEAL ME sticker on the bag.

so how do you propose a way to ensure that they are flagged to require a claim tag without placing the big STEAL ME sticker on the outside?

[yellowcanine]

49. I don't propose anything. I was just pointing out that the gun could easily have been taken out of

the airport and no one would have been the wiser. Someone had wondered earlier how the guy got the gun out of the airport in the first place.

[wordpix]

44. lol, "anyone check your baggage claim ticket at a baggage carousel? " NOOOOO

If you don't watch for your bags at the carousel, you could easily lose them. NO ONE has ever checked ANYONE at a carousel I've been to.

[Xithras]

26. It depends on the airport.

Often, but not always, firearms are tagged for special handling and you have to retrieve them from the Baggage Office, just as you would with an oversized item that wouldn't fit on the conveyor (I once saw someone pull a kayak out of a baggage office...the guy actually checked it when he boarded!) Other airports simply push everything down the conveyor, and you have to pick it up from the carousel. When you're flying with firearms, it's usually a good idea to call the destination airport ahead of time to find out how they handle firearms.

And, yes, guns do get stolen at airports, just like any other kind of checked luggage.

[bluedigger]

27. That's kind of what I thought.

Probably depends on the size/volume of the airport on what facilities are available.

Thanks!

[SoapBox]

30. I LOATH Baggers...but...

The article says, DURING a pre-flight check in. THAT is at the ticket counter. He TRIED to present
the weapons (but being pretty dumb, thought that he could do that without a permit? Duh.).

So he did NOT try to get through security.

He did NOT try to get it on the aircraft.

And he did NOT make it onto an aircraft with the weapons.

In my opinion, he's mostly guilty of breaking the permit law.

Mind you...I would ban guns, all guns if I could...I would also ban Baggers...but this seems to be an over blown and misleading story.

[PavePusher]

31. Unless he's a resident of NY he doesn't need a permit if only passing through the state.

What is this "permit" you speak of?

www.handgunlaw.us

Also, Google the term "FOPA".

[petronius]

35. The WSJ article cited upthread says (that he said) he arrived in NY Sunday and

was arrested Thursday - assuming he remained in a part of NY (it doesn't specifically say NYC) where his possession was prohibited, then I don't think the 'passing through' explanation will fly. Four days is a lot more like 'visiting'...

[PavePusher]

37. Yeah, I missed that part. Oops.

The sooner they pass 50-state manditory reciprocity, the better.

[orpupilofnature57]

39. It'll all be better, oooppps

http://www.handgunlaw.us/states/newyork.pdf

[coalition_unwilling]

45. If New York authorities pursue any kind of prosecution against him, their

case (assuming they get a conviction) will get tossed on appeal.

This smells like the same kind of petty police harassment visited upon OWS folk (albeit on different grounds).

I'm no big defender of guns or any expansive reading of the 2nd Amendment as it bears on individuals' rights to bear arms but, geesh, the guy had a proper permit from California, presented a locked gunbox to airport authorities, i.e., was not trying to hide anything from airport security, and still gets arrested?

WTF? (Another way of saying 'WTF?' is to ask whether there were any lawful way for someone from California in complete compliance with California law to travel with a weapon to New York?)

[ManiacJoe]

46. He was not "passing through". Federal law does not cover him.

[coalition_unwilling]

47. Is there any way someone who was is compliance in California

could travel by common carrier to New York and be in compliance with the New York law? Pardon my obtuseness but it sounds as if someone with a gun should not even bother traveling to New York with it because he or she will be outside compliance (with New York law) by definition, even if in full compliance in his or her own home state.

Wish to stress I hold no warrant for the 2nd amendment but I do believe in fairness and common sense, when those are at odds with the bureaucracy.

[PavePusher]

48. Only if NY is not the final destination.

Under FOPA ( http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act ), if you were to fly to NYC, claim your luggage, procede directly to the car rental counter and drive immediately to Vermont, you'd be fine. Same process in reverse, perfectly legal. Unfortunately, the highly restrictive states/cities have made a claim that even stopping for gas or a meal constitutes an interuption of the journey, and makes one illegal; so far none of those court cases has been fought high enough for those states to have their fucktardery reversed.

Note that this is one of several reasons why I go out of my way to avoid NY, and especially the NYC area. Unfortunately I also have relatives there....

[Burgman]

50. Could this be a situation in which many who are preoccupied with 2nd ammendment rights

feel that their interpretation supersedes all other laws and any questioning of their interpretation means the questioner is a socialist who wants to take away their guns?