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Wednesday, December 28, 2011

Is this an exception to the rule? #tcot #tppatriots

As grassroots activists who believe that the federal government should not be regulating things that were not specified in the U.S. Constitution, we should not be advocating for federal rules to direct the actions of states. In some cases, however, states that adopt rules that are in conflict with Constitutional principles or with provisions of legally adopted Amendments, require direction to reduce the potential for legal conflict between states and the flagrant violation of Constitutional rights. We must recognize that interaction among citizens of several states might otherwise be hazardous if not for the “regulation” of the federal system. (In the Constitutional meaning, “regulation” means – to make regular!)CAALogo (1)

Last week, Mark Meckler, co-founder of Tea Party Patriots, was arrested at New York City’s LaGuardia Airport on a gun charge!  He currently faces 15 years in prison.  Yet, he had in his possession a concealed-carry permit (and the weapon may actually have been in the possession of a “common carrier”).

He has been released following his arraignment, charged with a felony, with a court date set for January 12th in New York City.

Many pro-gun activists have said that he was possibly “singled out” by the Obama administration because of his being who he is.

Tea Party Patriots is one of the largest and most effective tea-party organizations. Mr. Meckler actually showed police his pistol permit and explained – and had paperwork to prove it – that the weapon is registered in California.

Due to his high-visibility position, Meckler has had several threats against his life.

Brian Stapleton, Meckler’s lawyer, gave a brief statement to the media: “Mark Meckler, an attorney and national coordinator for Tea Party Patriots, who holds a concealed-carry permit from the state of California, today was charged with a firearm violation at LaGuardia Airport in New York City.

“While in temporary transit through the state of New York in possession of an unloaded, lawful firearm that was locked in a (Transportation Security Administration)-approved safe, he legally declared his possession of the firearm in his checked baggage at the ticket counter as required by law and in a manner approved by TSA and the airline, yet was arrested by Port Authority for said possession.”

He was not hiding the weapon as he declared it. He is licensed to carry the gun in his home state of California. However, New York has much stricter gun control regulations that reveal his California permit is not valid in New York.

On November 16th, the House passed H.R. 822, the concealed carry gun bill, by a margin of 272 – 154. The purpose of this bill is that a state permit to carry a concealed firearm would be valid in almost every other state in the United States.

But as of yet, it has not been taken up in the United States Senate. This, of course, is no consolation to Meckler. We must ensure that the Senate passes this House bill. Your faxes will help to accomplish this. Please, it is imperative that you fax today! We have posted a link (right column) to the site that will provide a FAX link to your Congressman/woman. You may edit the FAX message to provide your own input, as we have here:

I want to make sure that the United States Senate adopts a parallel bill to H.R. 822.  And I trust that Representatives will adopt a possible compromise bill that will permit concealed-weapons carry that will protect law-abiding citizens who travel from state-to-state with protection; especially if there have been bonafide threats against their life!

Please do whatever you can to have the New York court system show “mercy” on Mark Meckler, the Tea Party Patriots co-founder, who was abiding by California laws when checking in for his flight, with a TSA-approved, locked safe!

I want to help set the record straight: the Second Amendment of the United States Constitution guarantees me the right to keep and bear arms.  Provisions for legal transport of those arms must be protected by federal law.

There needs to be a federal, SIMPLE law that protects citizens who carry firearms across state lines while traveling.

The State of New York should not be interfering with the lawful transportation of a legally possessed firearm on a common carrier. Security regulations (intended to make the flight safer) caused this item to come into the view of a state law enforcement officer who has misinterpreted the intent and the letter of the law.

Both the charge (unlawful possession of a firearm) and the airline security processes are wrong-headed and counter-productive. No one is safer because Mr. Meckler was detained and charged with a crime. Section 5.00 of the New York State Penal Law provides for a  prudent interpretation of the statutes, which should be invoked in this case.

Jim McGovern

The Martin 9/12 TeaParty Committee

This is an obvious example of an area that may require federal intervention. Just as the racial discrimination of the early Twentieth Century required, but did not get, the attention of federal legislators (until the Courts stepped in), this issue is ripe for action. Where are the legislators who have enough courage to recognize this injustice? Please let them know we need timely and positive action to begin to restore our Constitutional and God-given rights.

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