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Wednesday, October 20, 2010

Interesting Case,...Gun found on motorcycle of man attending custody hearing at Salem County Courthouse

OFF THE WIRE
http://www.nj.com/news/index.ssf/2010/10/your_comments_gun_found_on_mot.html
Gun found on motorcycle of man attending custody hearing at Salem County Courthouse Published: Monday, October 18, 2010, 10:12 AM Updated: Monday, October 18, 2010, 10:25 AM NJ.com Staff Follow Share this story Story tools
A gun and bullets were found on the motorcycle a man involved in a custody hearing at the Salem County Courthouse, seen above, was involved in Friday. The motorcycle was not far from the courthouse door. A Florida man attending a child custody hearing at the Salem County Courthouse was charged with possession of a handgun for an unlawful purpose after a gun was found packed in a saddlebag on his motorcycle parked outside the building, Today's Sunbeam reports. Tommy J. Fry traveled from Florida on the motorcycle to be here for the hearing, according to authorities. The gun was not loaded. NJ.com community members are reacting to the news.
From flapjackfinn:
0 Share 19 Comments "The case will be dismissed and another ignorant police department will be sued.
"A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.
"Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess such firearm to any other place where he or she may lawfully possess it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm shall 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."
NJ.com community member studies had this to say:
"Sorry Flapjack but you are Incorrect. the problem here is that he was not IN TRANSIT from a place where he could possess that firearm to a another place where he was lawful to possess it. IT IS NOT LAWFUL FOR HIM TO POSSESS IT IN NJ... FOPA was designed SPECIFICALLY to protect people Transiting through restrictive states..not people traveling around point to point within that state. The ONLY "Lawful Purpose" for him to be in possession of that handgun was if he was traveling from where he was staying to a place where he was shooting, and back to where he was staying....the courthouse does NOT fall under that provision. He had NO LAWFUL PURPOSE to have that item at that location, therefore he was in violation."