Tea party's Mark Meckler arrested on gun charge

(AP) 

NEW YORK - A leader of a tea party group was arrested after he took a gun to LaGuardia Airport.

Tea Party Patriots co-founder Mark Meckler was taken into custody Thursday morning after he tried to check in for a Delta flight to Detroit with a locked gun box containing a Glock pistol and 19 cartridges of ammunition, Queens prosecutors said.

Meckler, 49, declared the weapon, as required, authorities said. He's licensed to carry the gun in Grass Valley, Calif., where he lives, but that license isn't valid in New York, which has strict rules on carrying concealed weapons, they said.

"He didn't have a correct understanding of the law," said Al Della Fave, a spokesman for the Port Authority of New York and New Jersey, which polices the area's main airports. "Though he has a permit to carry in California, that did not cover him in the state of New York."

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Meckler spent the day in jail and was arraigned in Queens late Friday afternoon on a felony weapons possession charge. He was released pending a Jan. 12 court date.

The charge could carry prison time, but travelers who are arrested in such cases and appear to be trying to comply with the law typically pay fines.

The name of Meckler's attorney wasn't available Friday, and attempts to contact him by phone and electronic message were unsuccessful.

[morriswil]

Sometimes ignorance is bliss, but not in this case. Tea Party folk believe in state sovereignty, right? Well then maybe Meckler needs to educate himself on the laws of the states that he visits. Just a thought.

[lesatseaside]

I love this passage from 'Atlas Shrugged':
"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt." ~ Atlas Shrugged

"The more numerous the laws, the more corrupt the government." ~Tacitus (AD 56 - AD 117) senator and a historian of the Roman Empire.

[RichNH]

According to that logic the states have the right to allow slavery to be legal. But they don't, do they? The Second Amendment says that the people have a right to bear arms. The US Supreme Court, in the case District of Columbia vs Heller stated that the Second Amendment conveys an *INDIVIDUAL RIGHT*, not a collective one. New York State, et al, have no more right to ban a citizen of the United States from legally carrying firearms than they have the right to ban freedom of speech. However, the eddies and currents of legal reality are complex. That's why H.R. 822 was introduced, the National Right-to-Carry Reciprocity Act of 2011. Just as each state has different standards for obtaining a driver's license, they also have different standards for obtaining concealed carry permits. Each state in our country recognizes driver's licenses from all other states. In fact it goes beyond that, each state also recognizes driver's licenses from other countries (which have vastly different criteria for obtaining a license). Yet apparently some people think it is OK to criminalize a constitutionally recognized right simply because of residence in another state. Fact is, if you look at the numbers of people who are licensed to carry in NYC and then look at the total population of NYC, it seems that the powers that be in NYC feel it is OK to deny that right to their own citizens, nevermind residents of other states. Just another thought.

[LipstickUnderground]

Meckler DID NOT BREAK THE LAW. There is a FEDERAL LAW known as the Firearms Owners' Protection Act "safe passage" provision which protects travelers in these cases. As long as the owner of the firearm legally owns the gun in his or her homestate and it and any ammunition is locked in a case during temporary transit through a community or state, they are not subject to local gun laws. New York is notorious for ignoring this federal law, arresting travelers, and then having to drop the charges. All to make it so inconvenient and expensive to bring a gun LEGALLY through the state that no one bothers. It reeks of mafia-like corruption.
http://lipstickunderground.blogspot.com/2011/12/federal-law-ignored-in-mark-mecklers.html

[RetLt281]

@LipstickUnderground

Very nice article about this on your blog, very informative info. Any of these commenters that were actually interested in FACTS rather than voicing political rhetoric should checkout your link as well. And I could have saved myself a bunch of typing a few comments below. :)

[OpenGovernmentNH]

Thanks for that read. Meckler's lawyer is Brian Stapleton, a very bright and dedicated attorney, I knew him in undergrad and we both graduated from Case Western Reserve Law School.

http://christopher-king.blogspot.com/2012/01/kingcast-and-brian-stapleton-ask-why_25.html

25 JANUARY 2012

KingCast and Brian Stapleton ask "Why did the Feds care so much about Mark Meckler as they continue to give Greg Floyd a pass on repeated 18 U.S.C. 922(g)(1) violations?"

[legacyABQ2]

I'm sure anti-Fed Meckler supports states rights, errr, correct?

So he should have no problem with NY state running its affairs the way they see fit.

[smittyc]

Most of the gun laws are a waste of time, people do the crimes anyway. New York City is more known for knifings by the perps as it is much quieter then gunfire. This particular arrest has no merit and will be thrown out.

[IndieJustis]

That's why I don't travel outside of my great state of Nevada, unless business requires. Places like California, where I was born, and raised, and New York have reality screwed up. I've been witness to gun violence in the street's of Oakland growing up, and know that gun laws don't work, and never will work. How are you going to tell a criminal willing to shoot the police, that he is breaking the law by carrying a weapon??? People are gunned down by people who don't follow law, so in essence the law abiding are being punished by death for following the rule of un-constitutional law. I wouldn't call this man an idiot, as some of you have, because if you do a little research you will find that even N.Y.P.D officers are unclear on N.Y gun Law, and the N.Y permit holder's limitations.

Self preservation is a life given right, and countless people have lost their life due to the law's which have left law abiding citizen's defenseless. I carry a fully loaded firearm in plain view, because I don't feel the need to ask permission to cover my weapon with my shirt. I don't care that it may frighten some people to see a black man with a gun on his hip shopping in Walmart. That's the consequence of law's created by legislators. You would think law maker's would inact constitutional carry law's across the country, and uphold the constitution, but they don't, so I carry my firearm how I see fit, regardless of others personal opinions.

You could take away a person's constitutional right to bear arms, but you can never take a person's life given right to protect one's self, hence the reason felon's carry handguns tucked. Ignorant people place their life, and the well being of their loved ones in the hands of law enforcement, and a prayer that they will be there when that lunatic walks out in the middle of the street, and starts shooting people at random, or the guy who goes to Denny's to Grand Slam the place, and everybody in it, or the guy who shoot's everybody in the grocery store parking lot just because he felt politically correct. I've witnessed enough death to know that mindset is condusive to literal mind lost. So with that being said, I will alway's be armed, regardless of law, and will be the last man standing..Best of luck to this man, and his dilemma...And more luck to you anti-gunners. I'm sure you will be changing your mind's in the not so distant future...

[legacyABQ2]

Think so? Interesting. Violent crime has dropped every year since 1977. Paranoid much?

[RetLt281]

@legacyABQ2

Yes, violent crime has been steadily dropping... thanks in no small part to the 1.5 MILLION lawful uses of legally owned fireams by law-abiding citizens every year to stop a violent crime. (United States Dept of Justice; 1994)

[RetLt281]

With the awesome amount of ridiculous political rhetoric over him being a member of the Tea Party (who GIVES a crap!), or whether the 2nd Amendment gives an individual the right to own a firearm for self protection (it DOES, the Supreme Court of the United States has affirmed this, whether you like it or not is inconsequential), the vast majority of the comments here are completely ignorant of the facts in this article.

FACT: Mr. Meckler lawfully owns the firearm by virtue of his California pistol permit.

FACT: Mr. Meckler was NOT carrying a concealed firearm in NYC.

FACT: Federal law specifically allows for the legal interstate transportation of legally owned, properly secured firearms.

FACT: FAA regulations specifically allow for the lawful transportion of legally owned firearms on commercial aircraft, in properly secured containers inside checked baggage and declaring same before boarding.

FACT: Mr. Meckler was, in FACT, complying with both federal law and FAA regulations when he properly declared an unloaded, locked firearm in his checked luggage (as in, NOT CARRIED ONTO THE PLANE IN HIS CARRY-ON BAG.)

FACT: This is not the first individual who has been ensnared by NY City's draconian views on firearms (so restrictive in fact, that not even New York State issued pistol permits are recognized within NY City limits) and Mayor Bloomberg's long standing belief that he is not required to comply with federal law regarding the LAWFUL transportation of firearms through his city.

There is one and ONLY one fact that is at issue here--a fact not noted anywhere in the story; did Mr. Meckler illegally possess a firearm in NYC. The fact is this: if he was merely changing connecting flights from one airline to another, thus requiring that he repeat his declaration process to stay within FAA regs, then this was absolutely an illegal arrest, and a clear violation of Mr. Meckler's rights (a violation that has, in fact, occured on numerous occasions at NYC airports.)

If, However, Mr. Meckler was specifically spending any amount of time in NYC, over a few days for instance then yes, technically, he was in violation of NY state gun laws, even if he thought he was in full compliance with federal law concerning transportation of same, even if he never removed the firearm from its locked container, he could still face conviction and sanctions.

[legacyABQ2]

Thank your buddy bush for the TSA gestapo and the new "cult of security" then

[RetLt281]

@legacy ABQ2

If you were paying attention instead of merely looking for an excuse to launch into a left wing-nut rant, you would have noticed that the individual in question was arrested by NY City Port Authority Police and not TSA personnel since, as I happened to mention, it was his proper following of FAA regulations that brought the situation to the attention of the local authorities and their (possible) disregard of federal law.

[elbaker72]

There is a bill just passed by the congress that protects our right to carry in other states as long as that state issues concealed carry permits you can carry your weapon in those states with your permit from your state.Don't remember the bill number,but just Google it!

[RetLt281]

@elbaker72,

I believe that's HR 822, though the chances of it becoming law are slim at best, I'm afraid.

Although it did (overwhelmingly) pass in congress, it now moves on for a senate vote where it's expected to be a much tighter vote. Even if it does pass the Senate, many expect Obama to veto the law (even though he has maintained a politically motivated silence on the issue of gun rights since his election, his documented, life-long opposition to 2nd Amendment rights is without question.) This would bring the issue back to the legislature for a possible veto override vote, and getting the 2/3 majority needed would be an uphill battle.

[MaryMcQuire]

I hope it does not pass.

[erd123]

I think only a Federal Police Officer, FBI, CIA or Sky Marshal can carry between all states without charge..

[RetLt281]

@erd123,

Actually, all municiple, state or federal police and peace officers, both active and retired, who possessed the powers of arrest and the authority to carry firearms on duty, are empowered by federal law to carry concealed nationwide, although they are still responsible for adhering to the local firearms laws of whatever state they are in at the time; i.e., some states prohibit firearms in a restaurant that serves alcohol with dinner, while others may dictate what types of magazines or bullets may be carried in the firearm, etc. (HR 218)

[legacyABQ2]

And some states forbid checking firearms in carry on luggage

[Dianna-Rene]

@ Mortar1SG29: --- I take it you're seriously into guns? Please don't misunderstand me, I own one myself. --- I just don't obsess about it.

[Mortar1SG29]

Neither do I.

It isnt about owning guns. It is about liberty, about the Constitution, about defending liberty.

[legacyABQ2]

States RIGHTS. Look into it. Ney York has the right to pass the laws it deems neccesary to protect itself, wether you like it or not. Lesson? Don't go to New York.

[actornaught]

How does anyone that frequently travels and has at least a room temperature IQ not know that their California RTC isn't going to be recognized outside of California?