Found this:
----> Litigation
John Torraco (New York). He is a law professor who moved from New Jersey to Florida. Congress enacted a safe harbor provision for people who are traveling interstate with firearms: 18 U.S. Code § 926A. He declared his unloaded and encased pistol at the airport in New York City while boarding a flight to Florida. The transportation of the pistol was in compliance with 18 U.S. Code § 926A. Nevertheless, he was arrested by a detective. He pointed out to the detective the federal law. The detective cursed and said he did not care about federal law because this is New York. The court dismissed charges against him on April 6, 2005. He filed a lawsuit in U. S. District Court for the Eastern District of New York. The defendants, including the Port Authority of New York and New Jersey, filed their answer to his complaint on January 20, 2006. On March 14, 2006, U.S. Magistrate Cheryl L. Pollak issued an order setting a discovery schedule, with depositions to be completed by end of June, and setting a conference for July 11, 2006.
Then this:
---> Schlam Stone & Dolan LLP - Eastern District Roundup May 2008
Transporting Firearms in N.Y.
In Torraco v. Port Authority of New York & New Jersey, 05 CV 5572 (EDNY, March 17, 2008), Judge Cogan granted defendants' motion for summary judgment dismissing §1983 claims arising from interference by the Port Authority Police with the transport of firearms pursuant to federal law.
Plaintiff Torraco is an attorney who resides in Florida and owns an Astra pistol. In October 2004 he checked into a flight at LaGuardia and advised the airline ticket agent that he was carrying a pistol in a case and wanted to check it through with his luggage. Mr. Torraco believed he was in compliance with the procedure for transporting firearms under federal law. The airline ticket agent tagged the firearm, checked it, and advised plaintiff that it was standard operating procedure to notify the Port Authority Police when a passenger declares a weapon.
Police officers asked Mr. Torraco if he had a New York license for the firearm, and plaintiff explained that federal law, 18 U.S.C. §926A, preempted local licensing requirements and allowed him to transport the firearm. The officers continued to ask if plaintiff had a New York permit or any documentation showing he was lawfully in possession of the gun. Even though a Transportation Security Administration supervisor took the position that Mr. Torraco was correct, the police officers maintained their position that the federal statute did not override New York State law prohibiting carrying firearms without a license. They arrested Mr. Torraco for possession of a weapon in the fourth degree. The district attorney failed to respond to Mr. Torraco's motion to dismiss on the ground of federal preemption, and the state court granted Mr. Torraco's motion.
----> Litigation
John Torraco (New York). He is a law professor who moved from New Jersey to Florida. Congress enacted a safe harbor provision for people who are traveling interstate with firearms: 18 U.S. Code § 926A. He declared his unloaded and encased pistol at the airport in New York City while boarding a flight to Florida. The transportation of the pistol was in compliance with 18 U.S. Code § 926A. Nevertheless, he was arrested by a detective. He pointed out to the detective the federal law. The detective cursed and said he did not care about federal law because this is New York. The court dismissed charges against him on April 6, 2005. He filed a lawsuit in U. S. District Court for the Eastern District of New York. The defendants, including the Port Authority of New York and New Jersey, filed their answer to his complaint on January 20, 2006. On March 14, 2006, U.S. Magistrate Cheryl L. Pollak issued an order setting a discovery schedule, with depositions to be completed by end of June, and setting a conference for July 11, 2006.
Then this:
---> Schlam Stone & Dolan LLP - Eastern District Roundup May 2008
Transporting Firearms in N.Y.
In Torraco v. Port Authority of New York & New Jersey, 05 CV 5572 (EDNY, March 17, 2008), Judge Cogan granted defendants' motion for summary judgment dismissing §1983 claims arising from interference by the Port Authority Police with the transport of firearms pursuant to federal law.
Plaintiff Torraco is an attorney who resides in Florida and owns an Astra pistol. In October 2004 he checked into a flight at LaGuardia and advised the airline ticket agent that he was carrying a pistol in a case and wanted to check it through with his luggage. Mr. Torraco believed he was in compliance with the procedure for transporting firearms under federal law. The airline ticket agent tagged the firearm, checked it, and advised plaintiff that it was standard operating procedure to notify the Port Authority Police when a passenger declares a weapon.
Police officers asked Mr. Torraco if he had a New York license for the firearm, and plaintiff explained that federal law, 18 U.S.C. §926A, preempted local licensing requirements and allowed him to transport the firearm. The officers continued to ask if plaintiff had a New York permit or any documentation showing he was lawfully in possession of the gun. Even though a Transportation Security Administration supervisor took the position that Mr. Torraco was correct, the police officers maintained their position that the federal statute did not override New York State law prohibiting carrying firearms without a license. They arrested Mr. Torraco for possession of a weapon in the fourth degree. The district attorney failed to respond to Mr. Torraco's motion to dismiss on the ground of federal preemption, and the state court granted Mr. Torraco's motion.