Mia Higginbotham screwed by NJ gun laws!

[Howard 538]

Here is the latest about an otherwise honest citizen be arrested and prosecuted for doing nothing wrong in the People's Republic of New Jermany:
 

 
 
 
Published on Sep 28, 2015

New Jersey just keeps adding to its tally of gun-control victims. The latest: Mia Higginbotham, whose crime was trying to legally transport her legally owned firearm out of the state. She and her husband researched the TSA rules and were following the instructions to the letter of the law. But in the blink of an eye, she found herself arrested — not charged with a federal crime, but charged with a second-degree New Jersey felony. As she fights the case, Higginbotham notes in this exclusive report from Ginny Simone that, "I'm one step below a murderer in the eyes of the New Jersey court."

[Krdshrk 3,877]

I wish I could find more info about this... No news articles or anything besides what Nappen posted on his FB about the funding campaign.

 

Simply put - she "Researched" and thought that by putting her gun in the factory box and putting it in a hard cased suitcase, that would be enough.  Because she got stopped by the Airline/TSA check, they called the Newark cops who then arrested her...

[PK90 3,570]

Another monthly hash mark for the JBTs.

[Old Glock guy 1,127]

That's a sad story indeed.  Maybe if enough law abiding gun owners from around the nation get snagged by New Jersey's harshly oppressive laws, the NRA might get involved in our fight.  

[MartyZ 692]

This is what i meant in a previous thread. This women bent over backwards to follow the law and is looking at 10 years. But some shmuck shopping in body armor gets a plea deal! It's scary how anti good guy nj is.

 

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[maintenanceguy 510]

I'm missing something.

 

Transporting from one residence to another is specifically allowed according to NJ law.

 

Transporting in a "gun box" is specifically listed as one of the legal ways to transport.

[jackandjill 683]

Someone apparently "interpreted" the law to mean "separate, hard case", separate from the luggage.  I am sure they will find other bogus charges related to if she was really "move"ng . 

 

1. Procedures for Investigation of Conduct Involving the Possession or Transportation of Firearms
   1. An officer who reasonably suspects that a person is transporting a firearm in violation of New Jersey law should make reasonable inquiries in order to confirm or dispel that suspicion.
   2. ....
   3. ....
   4. Whenever an officer has probable cause to believe that a person's possession of a firearm is in violation of New Jersey law and not permitted by 18 U.S.C.A. 926A, as described above in Section II, then the officer should make an arrest.

There is another thread on warrantless searches. Cases like this demonstrate how incompetent the system (and every employee/participant of it) has become. It cannot be trusted with making right calls with PC and other stuff.

[Krdshrk 3,877]

This is what i meant in a previous thread. This women bent over backwards to follow the law and is looking at 10 years. But some shmuck shopping in body armor gets a plea deal! It's scary how anti good guy nj is.

 

Yes and no... she "researched" and came up to a logical, but incorrect, conclusion that a hard sided suitcase was the correct method of transporting a firearm...   The TSA states:

 

• Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. Firearm parts, including firearms frames and receivers, must also be placed in checked baggage and are prohibited in carry-on baggage.

How they handled it after telling her she was incorrect as to how it was packed is the atrocity.  She should have been let go to go home and resolve the issue...  The baggage agent actually even tried to help her find a suitable case inside the airport...  

 

I'm missing something.

 

Transporting from one residence to another is specifically allowed according to NJ law.

 

Transporting in a "gun box" is specifically listed as one of the legal ways to transport.

By regular rules, yes... TSA's extra "security" adds on more..

 

 

The real issue here is how vague TSA's guidelines are...  On top of NJ's draconian laws.

[Pizza Bob 1,488]

• Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. Firearm parts, including firearms frames and receivers, must also be placed in checked baggage and are prohibited in carry-on baggage.

Nick - If the above is a direct C&P from the TSA instructions, she was within the letter of the law. The suitcase in which she was transporting was a hard sided case. The guide lines do not stipulate that it must be a separate hard sided container within the suitcase, only that the container be hard sided and locked. Her suitcase fulfilled those requirements.

 

Never should have been arrested in the first place.

 

The inference in the video is that she was entered into a PTI - does anyone know if this is the case?

 

Lastly - whatever happened to candidate Christie's committee to study and recommend changes to NJ's draconian gun laws? We've heard no more about this since his proclamation. I think when his candidacy goes away, so does any chance of this actually happening - not that it looks like there is a great chance now.

 

Adios,

 

Pizza Bob<----glass is definitely half empty

 

[T Bill 649]

PB, nailed it!  

[Krdshrk 3,877]

 

• Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. Firearm parts, including firearms frames and receivers, must also be placed in checked baggage and are prohibited in carry-on baggage.

Nick - If the above is a direct C&P from the TSA instructions, she was within the letter of the law. The suitcase in which she was transporting was a hard sided case. The guide lines do not stipulate that it must be a separate hard sided container within the suitcase, only that the container be hard sided and locked. Her suitcase fulfilled those requirements.

 

Never should have been arrested in the first place.

 

 

I agree - if you're traveling with a long gun and put it in a locked pelican case - that's fine - it doesn't have to be inside another case.  This is why the wording of the TSA rules is vague...  and then NJ's stupid laws and overreacting TSA agents cause her to become a felon...

[Smokin .50 1,907]

Anybody wanna take a bet on whether or not Nappen brings this tidbit up at the NJSAFE Conference this Saturday?

 

This case is obviously "Overreach".  It's hard to shoot-up an Airport with NO bullets for the gun........

 

Too bad The Gov didn't appoint me Chairman of the Committee.  I would have finished my report by now and issued a Press Release calling for the end of Justifiable Need AND these stupid BS interpretations that put common housewives at jeopardy!

[Shawnmoore81 623]

This is what happens when you mix anti gun and power hungry

[Malsua 1,422]

This case needs Christie to fully pardon her, immediately.

 

Aside from the specifics..

The video talked about a "metal case" yet the law says "Hard sided".     I don't recall anyone mentioning that the case has to be metal before.   Anyone aware of that part of it?

[Guest]

Christie needs to be asked about this while he is in front of the cameras and forced to give a solid answer

[MartyZ 692]

This case needs Christie to fully pardon her, immediately.

 

Aside from the specifics..

The video talked about a "metal case" yet the law says "Hard sided".     I don't recall anyone mentioning that the case has to be metal before.   Anyone aware of that part of it?

I think that was the TSA genius saying it must be metal.  I guess they never heard of plastic

[MikeL 3]

Wow this is unbelievable. Another reason the TSA needs to be abolished. They haven't done any good since their inception.

[Shawnmoore81 623]

The tsa does exactly what it intends to do. Harasses citizens

[jackandjill 683]

Wow this is unbelievable. Another reason the TSA needs to be abolished. They haven't done any good since their inception.

I dont think this is just about TSA. This case highlights the whole chain of command thats incompetent at best.  

 

 

This case needs Christie to fully pardon her, immediately.

No. Pardon still leaves the arrest/conviction on her record. NJ need to apologize, get rid of arrest record and pay for her lawyer fees and agony.  And demote everyone involved so they learn a lesson not to pull this type of stunt.  - not happening, I know. 

[PD2K 115]

Just unbelievable!!! I feel her pain.

[alec.mc 180]

I travel in and out of EWR newark airport a few times a year with handguns. I keep them in a hard shell plastic pelican case, with 2 locks on it, Inside of my checked duffle bag. 

 

That said, after reading the law, you could interpret it the exact way she read. 

 

Hopefully the case gets dropped if/when it goes to court and we could use this to loosen up some of the laws. 

[jackandjill 683]

Carol Browne has been stabbed to death while waiting for a "mere purchase permit", something that takes 15 minutes of FBI comprehensive background checks elsewhere in the US. That comprehensive background check is as effective if not more than MONTHS of artificial wait created by NJ Bureaucracy. .

 

In NJ, many more women and men suffer abuse with no way protect themselves. State of NJ, elected officials and public safety agencies have purposely created an environment that promotes lawlessness and leaves law abiding citizens defenseless. 

 

Nothing changed after brutal and untimely death. Nothing changed when people reported their ordeal in applications, and nothing will change now. 

[JohnnyB 4,323]

Carol Browne has been stabbed to death while waiting for a "mere purchase permit", something that takes 15 minutes of FBI comprehensive background checks elsewhere in the US. That comprehensive background check is as effective if not more than MONTHS of artificial wait created by NJ Bureaucracy. .

 

In NJ, many more women and men suffer abuse with no way protect themselves. State of NJ, elected officials and public safety agencies have purposely created an environment that promotes lawlessness and leaves law abiding citizens defenseless. 

 

Nothing changed after brutal and untimely death. Nothing changed when people reported their ordeal in applications, and nothing will change now. 

Something has to change here in the PRNJ and it could change for better or worse! Either way, change is coming!

 

Change for the better will not come inside NJ but on the Federal level! Possibilities there are:

 

1) A pro 2A President gets elected.

2) SCOTUS finally agrees to hear a CCW case and makes the right decision for a change!

3) The Third Circuit Court wakes up and actually reads the 2nd Amendment!!!

 

New Jersey is a liberal, anti gun state! We need to stop wasting our efforts trying to convince the likes of Sweeney, Weinberg and Christie to see things our way!

We need to reach out to the people and leaders of EVERY pro 2A state in our country! If the status quo in Jersey is allowed to continue, the same could happen in their state!!!!

 

We are all free or none of us are free!!! We all live in the same country under the same Constitution!!! WTF!!!!!!  How many more citizens of our great country have to suffer or die

as a direct result of the draconian laws in this so called state!!!!!  Carol died a horrible death and Mia may spend years in prison for following the law! (We all know Christie will grant Mia a full pardon once this

goes viral enough)!

 

More than two thirds of the states are shall issue and can request a Constitutional Convention to change the Constitution's wording so that Federal law will be "the states shall issue"

and individual states like NJ Shall not make laws that circumvent Constitutionally mandated rights in this or any matter!!!

[Fred2 367]

The wording is fine as it is.

 

SHALL NOT BE INFRINGED.

 

Simple and to the point., I don't see why it can't be followed.

[JohnnyB 4,323]

The wording is fine as it is.

 

SHALL NOT BE INFRINGED.

 

Simple and to the point., I don't see why it can't be followed.

Seems somehow that "simple and to the point" phrase is not quite strong enough to keep New Jersey from denying us our rights now is it??? Care to try again Fred2???

 

New Jersey makes it's own laws and does NOT obey the Constitution of the United States!!! As to "I don't see why it can't be followed",  It's all outlined in my post above yours!

 

We MUST take our fight to the entire nation with the motto We are all free or none of us are free!!!

[mipafox 438]

 

• Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. Firearm parts, including firearms frames and receivers, must also be placed in checked baggage and are prohibited in carry-on baggage.

Nick - If the above is a direct C&P from the TSA instructions, she was within the letter of the law. The suitcase in which she was transporting was a hard sided case. The guide lines do not stipulate that it must be a separate hard sided container within the suitcase, only that the container be hard sided and locked. Her suitcase fulfilled those requirements.

 

Never should have been arrested in the first place.

She was busted under Jersey law from what I see in this thread.

 

BTW, perfectly safe to fly out of Newark with a gun. People here do it all the time. So I am told. Until the one time you get throw in jail for 5 to 10 years.

 

As for blaming TSA, TSA never puts me in jail when I have lose ammo in my bag. They help me put it into mags or into my ammo box. Also, it has been said before, they have an unwritten rule that first gun in a carry on gets a pass if it seems it was a mistake.

 

Yeah, blame TSA for somebody busted on NJ gun laws.

[GRIZ 3,369]

This case needs Christie to fully pardon her, immediately.

 

Aside from the specifics..

The video talked about a "metal case" yet the law says "Hard sided". I don't recall anyone mentioning that the case has to be metal before. Anyone aware of that part of it?

No pardon necessary. Case should be dismissed and Essex Prosecutors Office should offer her a decent settlement in lieu of a civil suit for false arrest.

 

Most of these cases deal with somebody doing something stupid like Aitken or Allen. Usually I reserve judgement on such cases until I hear the rest of the story. Here the problem was the ECPO. TSA had nothing to do with it and the police were most likely following protocol laid out to them by the ECPO. This should be dismissed, expunged immediately, and she should be able to start a nice college fund for her kid.

 

She was in total compliance with federal and state law.

[MartyZ 692]

She was busted under Jersey law from what I see in this thread.

 

BTW, perfectly safe to fly out of Newark with a gun. People here do it all the time. So I am told. Until the one time you get throw in jail for 5 to 10 years.

 

As for blaming TSA, TSA never puts me in jail when I have lose ammo in my bag. They help me put it into mags or into my ammo box. Also, it has been said before, they have an unwritten rule that first gun in a carry on gets a pass if it seems it was a mistake.

 

Yeah, blame TSA for somebody busted on NJ gun laws.

It was the TSA agent who called the police, so yes, the TSA is to blame.  Just because she had the gun in the original cardboard box inside her hard sided luggage and not in a hard sided box in her hard sided luggage which the law does not spell out in detail.  Yes, most people on this forum travel often with guns with no issues because we all know the intricacies of the process.  But for people who are not familiar and rely on the written words available to them on the TSA website who don't know the ins and outs are the ones who unknowingly put them selves in jeopardy thinking that they are following the law as it's written.

[Fred2 367]

Seems somehow that "simple and to the point" phrase is not quite strong enough to keep New Jersey from denying us our rights now is it??? Care to try again Fred2???

 

New Jersey makes it's own laws and does NOT obey the Constitution of the United States!!! As to "I don't see why it can't be followed",  It's all outlined in my post above yours!

 

We MUST take our fight to the entire nation with the motto We are all free or none of us are free!!!

The issue is NJ ignores the federal law.

How will another federal law change that?

 

As far as I am concerned, Not Infringed means we should be able to own anything that they military uses.

Your solution is for less than that.

[Jfoster99 80]

Every time I have flown out of Newark the airline baggage check in counter calls the police "Just to check everything" prior to being escorted to TSA for them to check everything. There is no way to avoid the police showing up on scene.

 

 

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