ScottDLS wrote:What examples are there of someone being convicted of a state offense in violation of FOPA?
Every example i’m aware of has prevailed in Federal court
There was one case I was aware of that the US Appellate courts upheld, though I think it violates FOPA. A person flying through NYC got caught there on a layover when the connecting flight got cancelled. The airline put him up in a hotel overnight and gave him his luggage back, with the checked gun in it. When he went back to the airport the next day to get his new flight, he checked the gun in the luggage. The Port Police (airport has its own department by that name) were called about the gun and arrested him. They argued that it was not in accordance with FOPA because the overnight stay in NYC meant that it was two separate trips and the gun was not legal in the state the first flight ended and the new flight was originating in. I remember us discussing it in these forums, but do not have the citation available right now.
Hopefully someone else can remember it more accurately than I do and provide more information. I also hope the decision was finally reversed but I don't think it was. I remember us all concluding that we should not pick up the luggage if something like this happens just so we do not get caught rechecking it.