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Christie pardons Shaneen Allen, but egregious laws remain

While Second Amendment activists across the landscape are cheering yesterday's pardon of Pennsylvania resident Shaneen Allen by New Jersey Gov. Chris Christie, the law that penalized the single mother for crossing the state line with her legally-licensed handgun remains on the books to snare other citizens.

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FOPA didn't apply in this case?

F.O.P.A. doesn't provide the protection people think it provides. To be covered, the possession of the firearm has to be permitted in the destination state and the person has to remain in transit through the state where possession of the firearm is prohibited. Also, the firearm may not be accessible to the person. (Basically, it's supposed to be unloaded and in a locked container.) In cases where the person stops for an extended period (not just stopping for food or fuel) or stays overnight, the person is no longer considered to be in transit for purposes of the act. They also can be viewed as having access to their firearms.

Look at the Gregg Revell case.

http://www.morelaw.com/verdicts/case.asp?s=NJ&d=43309

The guy was traveling from Utah to Pennsylvania via plane. He had properly checked in his firearm in UT. His trip got interrupted in NJ. Instead of taking a bus to PA and letting his luggage catch up with him, he elected to stay in NJ and pick up his luggage and wait for the next flight the following day. When he went back to the airport to check his luggage and do the check-in procedure for the firearm he was arrested. F.O.P.A. was of no use because, under NJ law, he "illegally" had access to the firearm and ammunition during his overnight stay in NJ. The conviction was upheld.
 
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IIRC, Shaneen Allen was led to believe in her PA firearms training that her permit allowed her to carry in any State. During a police stop (I forget the alleged offense), she volunteered the information that she had a firearm in her car.
 

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