PDA

View Full Version : Would incorporation make FOPA obsolete?


stag1500
07-20-2009, 11:23 AM
Should SCOTUS rule that the 2nd Amendment is incorporated via the 14th Amendment, could that possibly make the Firearm Owner's Protection Act obsolete? After all, if the 14th Amendment guarantees equal protection, what need is there for FOPA?

bwiese
07-20-2009, 11:38 AM
Well, the individual state laws and some Fed laws are what are in question.

If those laws are in effect and standing, FOPA protections are still needed.

FOPA doesn't become obsolete unless and until new legislation is passed obviating it, or there are no interstate transport issues from which to be protected.

FOPA itself is not all that reliable and is usu used on defense/appeal: at this point you should not make transport decisions on, say, AW transport thru CA or handgun transport thru, say, NY based on FOPA. Lotsa folks are still working thru cases in NY and NY ignores FOPA, for example.

stag1500
07-20-2009, 12:52 PM
So let's say every state resolves the interstate transport issues, or a ruling from up on high levels the playing field so that evey state has to allow the transport of title 1 firearms within its borders. Would it then be pretty easy for FOPA (all of it) to just go away?

ke6guj
07-20-2009, 1:15 PM
well, it wouldn't "go away" unless it was specifically repealed by law, or ruled unconstitutional by the courts. Most portions would just no longer be needed. I think you are hoping that incorporation would just make FOPA, specifically the Hughes amendment, go bye-bye. It doesn't work that way. 922(o) would need to be repealed by congress and signed by the president or ruled unconstitutional by be courts.

Maestro Pistolero
07-20-2009, 1:30 PM
One of the many egregious state laws, is New York's law prohibiting anyone from entering the state (if NY is your final destination) without a New York State Pistol permit. And, of course, you can't get one if you are not a NY resident. So it is right denied in NY. You can be arrested on a felony for having an otherwise legal, unloaded pistol in your trunk or locked case.

Won't incorporation mean that there will have to be SOME provision for people to protect themselves, even if not a NY resident?

Or will it just lay the necessary groundwork for CCW or LOC cases in the future?

stag1500
07-20-2009, 2:15 PM
I think you are hoping that incorporation would just make FOPA, specifically the Hughes amendment, go bye-bye.

Yes, I am very bitter about the Hughes Amendment, so that was the aim of my question.

Mssr. Eleganté
07-20-2009, 10:13 PM
Even after incorporation the FOPA would still be needed. For instance, a State or local government could still require firearms registration under Heller. The FOPA would allow you to transport (unloaded and locked up) an unregistered firearm through that State or locality as long as you were starting and finishing your journey in places that your possession of the firearm was legal.