I flew from Texas to Maine with a layover in Newark, NJ. My flight to Maine was cancelled. I collected my checked bag (with my declared firearm) to stay at a hotel. As I picked up the bag, Port Authority Police arrested me for illegal possession of a handgun. I cited FOPA (Federal Safe Passage). They didn’t care.
Key Takeaways
- The “Possession” Trap: FOPA protects you while traveling through. The moment you take possession of the bag in NJ/NY (a state where you are not licensed), you are no longer “traveling through”; you are “in possession” in NJ.
- Strict Liability: NJ and NY gun laws are strict liability. Intent doesn’t matter. Ignorance doesn’t matter. Having the gun is the crime.
- Airline Negligence: Airlines often direct you to collect bags during delays. Do not listen to them.
- Legal Costs: Defending a NJ gun charge costs $15,000+. You face a mandatory minimum of 3-5 years in prison (Graves Act).
The “Why” (The Trap)
The trap is “Taking Possession.”
Federal law (FOPA) says you can transport from Point A (Texas) to Point B (Maine) if legal in both. But if you stop in Point C (New Jersey) and take the gun into a hotel, you broke the chain of travel. You are now subject to Point C’s laws.
The Investigation (I Spoke to a NJ Attorney)
- The Reality: “I get these calls weekly. The prosecutor will charge you. We have to fight to get you into a diversion program (PTI) to avoid jail, but you will lose the gun and have a record.”
- Insurance Role: US Law Shield offers 50-state coverage. They will provide the attorney. USCCA covers criminal defense if you are legally traveling. This is a grey area: Were you legally traveling if you took the bag?
Comparison Table
| Scenario | Legal Status | Action |
| Bag transfers automatically | Safe (FOPA applies) | None |
| Airline hands you the bag | DANGER | REFUSE IT |
| You take bag to NJ Hotel | Felony | Call Lawyer |
Step-by-Step Action Plan
- Refuse the Bag: If diverted to JFK/LGA/EWR, tell the airline: “I have a declared firearm. I cannot legally take possession of this bag in this state. You must keep it in the bonded baggage area.”
- Do Not Touch It: If they put it on the carousel, do not pick it up. Go to the baggage office and explain the situation.
- Call Your Legal Program: If arrested, use your US Law Shield / USCCA card. This is a critical legal emergency.
- [IMAGE: Map highlighting ‘No-Go’ states for airport layovers with firearms]
FAQ
Can I fly with a gun to NYC?
Only if you have an NYC pistol permit (rare). Otherwise, no.
Does TSA check this?
TSA checks at departure. Port Authority Police check at arrival in hostile states.