I don’t want to hijack, just pointing out that I started another GQ thread due to this: Are police officers ALWAYS on duty in some sense? (Note, GQ, not IMHO, although I expect it will end up getting dragged elsewhere…)
I don’t have a factual answer here, but I do have some knowledge that demonstrates how reasonable the OP’s question seems to me:
First, I have a long-time friend (20 years) and one-time boyfriend (we dated for over a year in 2007-8 and remain good friends today) who has been a LEO since 1979. Until we were dating, I didn’t realize that he pretty much always carries. In fact, it was only when we went downtown together while he was wearing a kilt (and he forgot his sporran) and he casually put his handgun in my purse that I realized that his .32 is as much a part of his standard kit as shoes and a wallet. Similarly, my husband, a deputy sheriff, is more likely to leave home without his money than without his gun. In both cases, and in the cases of many more casual acquaintances in law enforcement, carrying is just an ingrained habit, not some penis substitute macho fantasy. They don’t brag about them, nor compare sizes, or get belligerent and threaten folks. They just happen to be armed all the time. It’s part of the culture and the mindset, which can seem both paranoid and unreasonable to someone outside of the world of law enforcement.
And an anecdote to demonstrate that the OP may know his legal rights, and still question how the law will be enforced in a particular jurisdiction: A couple of years ago, my husband had a warrant for a guy’s arrest. He learned that said guy had booked a ticket on a flight at the nearest airport, so he did the logical thing, and went to the airport to make the arrest. Despite being on duty, in uniform, driving up to the airport in a clearly marked patrol car, with proper badge, credentials, and warrant, the airport police wanted Mr. Matata to turn over his duty weapon, Taser, pepper spray, handcuffs, baton, and K9 before allowing him to enter the terminal. Everything worked out eventually, and the flight was delayed long enough for the arrest to take place, but it was not pleasant. Regardless of what the law says, one or two low level idiots can make it tough to assert one’s rights or perform sworn duties.
Yeah, but if I were in the OP’s position, professional courtesy would preclude me calling up the NYPD and asking “Hey, we both know the law. Level with me - will the TSA in your neck of the woods give me crap over carrying?”
Sure, the NYPD may know that the TSA agents at JFK are jerks*, but local pride being what it is (especially in NYC), such a question might raise their hackles a bit.
*Speaking purely hypothetically - just in case any TSA agents are reading this.
The OP has absolutely nothing to do with the TSA. The TSA has no authority to enforce any New York law. The TSA is a federal agency, and federal law says I can transport a firearm in my checked baggage as long as it’s declared when I check in for my flight. Of the dozens of airports I’ve traveled from/to I’ve never had the TSA make a peep about the guns I had in my checked luggage.
The OP is asking about NYPD.
Do you realize that the NYC airports are notorious for having items stolen out of checked baggage?
Been there, had that happen.
So? It happens in all airports. If it happens I’ll file a report, then I’ll go buy a new pistol. And (this’ll drive you nuts) I’ll buy it in the New York area, and I’ll do it legally, too.
Understood. So I’m on the mark on the professional courtesy angle, then?
I trust that pkbites has read his wikipedia link regarding the Law Enforcement Officers Safety Act (2004), but perhaps others have not. The Law Enforcement Officers Safety Act overrides state and local law (or purports to, subject to court review of course) but not federal law. So pkbites cannot legally carry within 1000 feet of any elementary or secondary school, because of the Gun-Free School Zone Act of 1995 - about 4 NYC blocks. If I understand this site correctly there are over 300 such schools in Manhattan alone. [1]
Also LEOSA doesn’t apply to those under the influence of alcohol or drugs. So no bar hopping.
[1] If I don’t understand this properly clarification is of course welcome. It certainly sounds odd.
I think you understand it correctly. I tried to point out in post #6 that per HR218 there may also be state and local laws that remain in force despite HR218, if private property, businesses, parks, transportation, etc. are allowed by law to prohibit gun carrying on their property.
NYC does issue concealed carry permits to residents, very seldom and with stringent requirements, but they do get issued. Because they do at all, I am inclined to think that there would already be many establishments like bars and restaurants, banks, stadiums, parks, etc. that prohibited guns explicitly, even by licensed holders. That is purely a guess on my part though. From my understanding of HR218 if the OP breaks any local or state laws making such restrictions by carrying a gun to those places, HR218 wouldn’t apply as a defense and they would be treated like any other individual carrying a gun in a restricted area.
New York is openly critical of the law and vowed to enforce every requirement down to the letter. The OP can surely get a gun into New York legally, and there would be many occasions it was legal to carry it, but due to restrictions in various venues which might include their hotel, taxis, restaurants, shops, and public transportation in practice it may be nearly impossible for them to carry the gun without breaking local laws.
This site has the full text of HR218 with all restrictions and says of New York:
As I stated, in 40+ years, I do not recall ever having come across such a sign outside of arenas and stadiums.
I have. I’m a former sports reporter, and I think most of the baseball and football stadiums I’ve been in have that clearly posted at the gates. Even in the heart of Texas… at the new Cowboys Stadium. Most or all of them inspect bags before they’ll let you in. There may be an exception, but I can’t think of one off hand.
I most certainly can go into a bar. The law says under the influence of alcohol, not within the presence of it.
I believe **Odds **was talking about just the NY area.
I can see how I was unclear. I meant that stadiums and arenas might have been the only place I’ve seen a sign here in NYC, but even then I am not 100% sure.
ETA: I am speaking specifically of NYC. I have seen the sign in places I’ve traveled.
So…?
His “situation” is simply that he’s a cop?
So what?
If you would read the thread you would know.
“Unless you are carrying it for a business need, why take it at all?” DUH! Maybe for PROTECTION?
I was leaving LGA through Delta and they called to have my weapon checked by a NYC officer. He looked at my ID (HR218), copied down my name, phone number and weapon’s serial number & model. Weapons permits from other states are not honored in NYC and many people that can legally carry in other states are being arrested for possession of a handgun. The HR218 folks are fine.
You know what? I need to apologize to folks, and pkbites especially. I took an argument I had just had in real life, twisted it a bit, and dumped it all in here and at him. It was petty and stupid and I was clearly looking to pick a fight.
Sorry, to everyone here.
Went to NYC, took my pistol, carried it there, and guess what happened?
NOTHING!
The paperwork I had to fill out at LGA was a little different than what is normally filled out when declaring a firearm in checked luggage. But other than that there were no problems whatsoever.
Coolness.
In retrospect, I’m thinking “good thing he didn’t carry it anywhere near the Occupy protesters, or the NYPD would probably have beaten him to death and claimed he threatened them.”
How would they have known? I didn’t open carry.