Letter Re: New Jersey Court Upholds Man Arrested for Visible Gun Case

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Sir:
The situation described in the recently-cited article (New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car) only underlines frequent Rawlesian reminders for maintaining OPSEC at all times.  His arrest might have been avoided had he simply covered the cargo area with a blanket so the cases were not visible.  Hopefully the conviction will be overturned in a higher court under the provisions of the Firearms Owners Protection Act (FOPA).  In general, this states that: “notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered.” (NRA/ILA Guide to the Interstate Transportation of Firearms)  Note, however, the requirement for a locked container.

One wonders if a warrantless search of a vehicle could be justified on the basis of an NRA sticker, or one that reads “This car insured by Smith & Wesson”. 
I travel between Maine and South Carolina on a regular basis, having homes in both states.  I avoid driving through New Jersey, but I cannot avoid New York and other unfriendly jurisdictions, and there is always the possibility of someone breaking into your car.  Keeping a low profile at all times is safer, however much you want to advertise your views and affiliations. – Randy in Maine

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