Marine pleads not guilty to smuggling gun onto plane

[ericire12]

http://www.boston.com/news/local/massachusetts/articles/2009/04/22/marine_pleads_not_guilty_to_smuggling_gun_onto_plane/

Standing ramrod straight in his Marine Corps service uniform, Corporal Justin W. Reed pleaded not guilty yesterday to charges he illegally smuggled a semiautomatic handgun and a raft of bomb-making materials onto a Boston-bound plane Sunday.

A judge in East Boston District Court set 2,500 cash bail for the 22-year-old, who was traveling from a military base in California where he taught an urban-warfare course to his home in Jacksonville, N.C.

During Reed's layover at Logan International Airport on Sunday morning, federal baggage screeners going through his military-style backpack found the handgun, a fully loaded gun magazine, a grenade fuse and detonator, model-rocket engines containing explosive mixtures, matches, and a disposable lighter. The bag had been checked without incident at McCarran International Airport in Las Vegas. His baggage also contained several boxes of 9mm and 7.62mm ammunition.

Reed was arrested on charges of possessing an infernal machine and attempting to put an explosive device on an aircraft.

In court, Reed's attorney, Jeffrey Miller, said his client has no criminal record and has an "excellent record" as a Marine. He added that Reed had cooperated with authorities.

Neither Miller nor his relatives would answer questions after the arraignment.

Prosecutors called Reed very cooperative, but they said they had no plans to drop the charges.

Ann Davis - a spokeswoman for the Transportation Security Administration, which oversees airport security - said that officials are investigating the case and that it may be that Reed simply made a mistake.

She said gun owners and members of the military can travel with firearms, but they must declare them, the gun has to be unloaded, and it must be packed in a secure lock box. Some ammunition is also allowed, but it has to be packed separately from the firearm.

Reed declared the firearm in Las Vegas, as required. Investigators initially reported that he did not declare the gun, which was secured in a locked box, but later determined he had after locating the paperwork, she said.

Still, Reed was carrying items that are prohibited. "These were items that should have not been on the airplane, but they never posed an imminent threat to aviation," Davis said.

Reed was traveling to North Carolina to surprise his wife for their second anniversary and their 1-year-old son, his mother previously told the Globe. He travels frequently between California and Camp Lejeune, N.C., where he is based, she said.

Reed arrived in Boston at 7 a.m. Sunday and was scheduled to board an 8 a.m. US Airways flight to Charlotte.

Reed will have to return to East Boston for a probable cause hearing on May 18.

[tombogan03884]

No matter what you do, If you are found to have a gun in your luggage in Boston or NY you will be arrested.

PLEASE BE ADVISED ! YOU RISK IMMEDIATE ARREST IF FLYING THRU NY AIRPORTS AND YOU DON'T HAVE A VALID NYS PISTOL PERMIT !!!

The following is from the New York State Rifle & Pistol Assoc website "Warning about airports" link. http://www.nysrpa.org/ Warning about traveling through New York airports

From NRA:

The District Attorney in Albany County and Queens 18 months ago issued an order to arrest anyone coming through the airports with a handgun in their luggage, regardless if the handgun was being transported properly by FAA regulations. The criteria is if you do not have a NY license, you are charged. So what's happening is 2 different scenarios:

1. People are flying into New York from other states, most but not all of whom have carry permits from their home states, and are carrying a pistol. When they go to fly home, they declare the gun, which has always been unloaded and locked up properly in their checked luggage, but if they cannot produce a NY license, they are promptly charged with illegal weapon possession, and their gun confiscated forever. (The Albany airport sheriff has been doing it as a lower class misdemeanor, the LaGuardia cases were charged as a felony.) As their home state permit is not reciprocal, and they were in NY state for an amount of time carrying a handgun, this group is screwed.

2. People are DRIVING to the airport from another state where the NY airport is their closest one to fly out of, and are getting popped right off the bat an hour or two from their home. In these cases, we are going to war for them being covered by FOPA, even the Sheriff's office and TSA in Albany have argued over that with the DA, but he won't budge. He did, however, blink on the two cases from Albany, with the people getting a walk. Didn't get their guns back, though, either time.

Bottom line, UNLESS you are in possession of a VALID New York pistol license, DO NOT bring a handgun in your luggage to the airport, you will be charged.

This is not being done in any other state in the country except at Logan international in Boston, (same thing there) but even at O'Hare in Illinois, if you come in from another state and meet FAA guidelines, they feel you are covered by FOPA and off you go a happy camper.

Reminder to Travelers of Requirements for Transporting Firearms, Firearm Parts and Ammunition on Commercial Aircraft


Passengers are prohibited from carrying firearms, firearm parts and ammunition. Federal regulations administered by the Transportation Security Administration (TSA) prohibit the carriage of firearms and guns, as well as parts of firearms and guns (such as magazines or clips, bolts, firing pins, and other components), in the traveler's possession or in carry-on luggage on commercial aircraft. Ammunition also is NOT allowed as a carry-on item. Carrying even a single round of ammunition through airport security checkpoints is a violation of regulations. TSA regulations are strictly enforced. Violations can result in criminal prosecution and imposition of civil penalties of up to 10.000 per violation.


Checked baggage requirements for transporting firearms and ammunition. All persons carrying firearms and ammunition in checked baggage, including Law Enforcement Officers, must comply with the provisions of 49 CFR § 1540.111. Following is a summary of key requirements of this section and other regulatory provisions.

All firearms must be declared to the air carrier during the ticket counter check-in process. Travelers with firearms should check-in at the ticket counter and not use electronic check-in (e.g., kiosks or the Internet).

All declared firearms must be unloaded and transported in a locked hard-sided container. Travelers are advised to place all firearm parts in a locked hard-sided container to avoid violations.

Access to the declared firearm must be restricted, with only the passenger possessing the container combination or key to the lock. In the event TSA must open the container for inspection, it is preferred that the passenger turn over the key or combination to the screener.

Any ammunition transported must be placed in checked baggage and securely packed in fiber (such as cardboard), wood or metal boxes or other packaging specifically designed to carry small amounts of ammunition. firearm magazines/clips do not satisfy the packaging requirement unless they provide a complete and secure enclosure of the ammunition (e.g., by securely covering the exposed portions of the magazine or by securely placing the magazine in a pouch, holder, holster or lanyard). The ammunition may also be located in the same hard-sided case as the firearm as long as it is properly packed as described here.

It is also recommended that the ammunition package in checked baggage be stabilized, either by tapping it to the interior wall of the bag, or by use of packing material or other means to ensure the ammunition package does not move about the interior of the bag during transportation.

Black powder, including Pyrodex, and percussion caps used with black-powder type firearms are not permitted on board aircraft, either as accessible property or in checked baggage.



Travelers should also contact their air carrier before arrival for check-in regarding its firearm and ammunition policies.

Additional information about the carriage of firearms, firearm parts and ammunition, as well as other air travel tips, can be found at www.tsa.gov or by contacting the TSA Contact Center toll-free at 1-866-289-9673 or by email at TSA-ContactCenter@dhs.gov

DIRECT CONTACT/S:
Jerry Henderson, Federal Security Director, 501-372-8376
Charles "Chuck" Polk, Stakeholder Manager, 501-912-6028

Letter from Department of Justice to Congressman Donald Young on this issue.

[fightingquaker13]

Folks
We were going to raise money to buy a dog for a sailor. If this checks out and there's not more to the story as events unfold, I think we might want to raise a little money for a marine's defense fund. This kid is already in debt, just for the price of showing up in court. My stepdad did criminal defence, not F. Lee Bailey or anything, just a blue collar, brown shoe lawyer. His standard rate, which was on the low side of average, was a $20,000 retainer for a case that was going to trial. The reason for this was that while trial was pending you and the defendent had a problem. After trial, win or lose, you had a problem getting your money back for time at $250 an hour, investigators, experts, filing fees etc. The thing is IF this kid is clean (and I for one would like more info before I write a check) he could use our help. We should think about giving it to him.
FQ13

[ericire12]

This whole thing with the DA in Albany and Queens is a bunch of bunk. Now I am not going to preach to the choir about the issue of infringement, but rather lets assume that their interpretation of the permit situation is on the up and up. What he is doing is an abuse of power because he targeting only a select group of people and is not enforcing this fairly across the board. The DA is discriminating.

For one, those passengers do not in any way shape or form have the firearms in their possession at any point in time while they have a lay over in the that county. If anyone is to be prosecuted for firearms possession it would have to be the airlines. The airlines are the ones in possession of the firearm and they are the ones responsible for having a valid permit for NY. If the firearm was declared, the airlines would knowingly be in possession of a firearm in an area where it was deemed illegal without a permit. They took possession of the firearm and they should be held responsible for any crime associated with the gun during that time. If the gun was stolen and someone was murdered with the gun, would the passenger be responsible? Would the passenger be prosecuted for allowing someone access to his firearm? No, there is no way that you could say that is reasonable.

In this instance, for anything that is not in a carry on bag the Airlines are acting as a shipping company (something they do on a regular basis when they have available cargo room). If they knowingly transport contraband into an unauthorized location, they are responsible and should face the prosecution. Me thinks that there are also firearms being shipped into and out of those airports on a daily basis via freight carriers like UPS or FedEx, and I got a hunch that those people do not have valid gun licenses. Is the DA going after them? How bout the guys who drive their delivery trucks and deliver firearms to gun stores in that county/state? Is the DA going after them?

This is a blatant politically motivated attack by the DA. 

[fightingquaker13]

This whole thing with the DA in Albany and Queens is a bunch of bunk. Now I am not going to preach to the choir about the issue of infringement, but rather lets assume that their interpretation of the permit situation is on the up and up. What he is doing is an abuse of power because he targeting only a select group of people and is not enforcing this fairly across the board. The DA is discriminating.

For one, those passengers do not in any way shape or form have the firearms in their possession at any point in time while they have a lay over in the that county. If anyone is to be arrested for firearms possession it would have to be the airlines. The airlines are the ones in possession of the firearm and they are the ones responsible for having a valid permit for NY. If the firearm was declared, the airlines would knowingly be in possession of a firearm in an area where it was deemed illegal without a permit. They took possession of the firearm and they should be held responsible for any crime associated with the gun during that time. If the gun was stolen and someone was murdered with the gun, would the passenger be responsible? Would the passenger be prosecuted for allowing someone access to his firearm? No, there is no way that you could say that is reasonable.

In this instance, the Airlines are acting as a shipping company (something they do on a regular basis when they have available cargo room). If they knowingly transport contraband into an unauthorized location, they are responsible and should face the prosecution. Me thinks that there are also firearms being shipped into and out of those airports on a daily basis via freight carriers like UPS or FedEx, and I got a hunch that those people do not have valid gun licenses. Is the DA going after them? How bout the guys who drive their delivery trucks and deliver firearms to gun stores in that county/state? Is the DA going after them?

This is a blatant politically motivated attack by the DA. 

Brillant (and thats not a word I use lightly, hell its only been applied to me once) post Eric. The fact that the passengers are not in posession is problem one. The fact that the airlines knew the guns were there makes them co-conspirators to any crime is problem two. The idea that on any given day about a zillion guns go through La Guardia, in the open, with no NY permit, and yet no charges have been filed makes this selective prosecution. In a perfect world this would be a slam dunk. Here and now with post 911 paranoia and Northeastern anti-gun culture, who the hell knows.
FQ13

[Sponsor]

[r_w]

One of the sticky points is when changing airlines or flying split itineraries.  At that point the NY laws may apply to the passenger until challenged in court.

+1 on getting the man a legal defense fund.

[TAB]

um, several of things he had would have at the very least been taken.   So untill I get more info I will hold off judgment.

[saltydogbk]

As far as the NY State law,  I live here and you are guilty till proven innocent.  Not a friendly place for gun owners.

[TAB]

something else to point out, if you don't declare your gun, you have commited a federal crime.

[callithump]

Idiots.
But then again, according to DHS this guy is a potential terrorist.