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Old 01-17-2017, 05:17 PM
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Originally Posted by ChattanoogaPhil View Post
For those seeking FOPA like protection from a federal reciprocity mandate.

A word of warning: even if you qualify for Safe Passage protection, some states, such as New York and New Jersey, treat Safe Passage protection as a mere affirmative defense instead of a protection from arrest and prosecution, meaning that police in these states may still arrest you if you are pulled over with firearms in your vehicle, despite meeting all of the conditions of the federal statute. To beat potential charges of illegal possession of firearms and/or assault weapons, you would then need to assert your Safe Passage protection as a defense in court. This could involve substantial court costs and inconvenience, not to mention putting a halt to your vacation plans.

3 Things Every Gun Owner Needs to Know About Traveling Across State Lines | Texas & U.S. Law Shield
The people drafting the bill fully understand how some jurisdictions apply an affirmative defense logic to the safe passage law as means to penalize people who use the law correctly - arresting them with full knowledge the charges will eventually be dropped or litigated in the defendant's favor - but only after he or she incurs significant legal bills.

That's the precise reason this bill holds the state accountable for both legal costs and damages in the event the state unsuccessfully prosecutes someone for violating the proposed law.
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