<P> Interstate transportation is covered under the Safe Passage provision of the Firearm Owners Protection Act (FOPA), 18 USC § 926A, which states: </P> <P> Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console . </P> <P> However, the Third Circuit Court of Appeals in Association of New Jersey Rifle and Pistol Clubs v. Port Authority of New York and New Jersey has found that this provision only applies to transporting a firearm in a vehicle, and that carrying a firearm in a locked container in checked luggage in an airport terminal to declare it to the airline constitutes unlawful possession and is not protected under the law . This decision was a direct result of a 2005 incident where Gregg C. Revell, a Utah Resident with a valid Utah Concealed Firearm Permit was traveling through Newark Airport en route to Allentown, Pennsylvania . Because of a missed flight, he was given his luggage, which included a properly checked firearm, and was forced to spend the night in a hotel in New Jersey . When he returned to the airport the following day to check his handgun for the last portion of the trip, he was arrested for illegal possession of a firearm . Revell lost his lawsuit after The U.S. Court of Appeals for the Third Circuit held in Gregg C. Revell v. Port Authority of New York and New Jersey, (222) held that "Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey ." This opinion will apply to NJ airports . If you miss a flight or for any other reason your flight is interrupted and the airline tries to return you luggage that includes a checked firearm, you cannot take possession of the firearm if you are taking a later flight . The Association of New Jersey Rifle and Pistol Clubs (ANJRPC) later also sued the Port Authority of New York and New Jersey, which resulted in a similar decision . </P> <P> Firearms classed as "assault firearms" but acquired before May 1, 1990 and registered with the state are legal to possess . Police officers may possess assault weapons for duty purposes and may possess personal assault weapons with recommendation by their agency . FFLs are also allowed to possess "assault firearms ." </P>

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