John ([info]abz6598) wrote,
@ 2003-12-17 14:45:00
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Airport follies
A few of you on LJ know about this, and were asked to keep quiet about it until it was resolved. For the most part, it was resolved yesterday and since the 'hostages' have been released, I can comment on it without too much worry of blowback. So, clicky-clicky for the amazing and expensive story about how, after Shooty Goodness in September, I was arrested by the Dulles Airport cops, interviewed by ATF, FBI and Fatherland Security, handcuffed in front of the crowd at the check-in counter, had $3000 of guns confiscated and was accused of being a Neo-Nazi and white supremacist.



Now, you may not be aware of it, but it is legal to take guns onto airplanes. Really. The requirement is that they be in a gun case, unloaded, locked, and declared to the check-in clerk, who will give you a form to sign, as checked baggage. I've been travelling with guns this way for over fifteen years. Never a problem. Until Sept.

One gun case contained four pistols and an AR-15. One smaller case contained a .38 revolver. I got up to the counter and said the exact same phrase I've uttered every time I fly - "I need to declare unloaded firearms". The clerk gives me a bright orange tag to fill out (the declaration tag) stating that I certify the guns are unloaded. Since I have two gun cases I tell him "I need two". He gives me another tag. I dutifully fill out both and put one in each gun case, as required by law.

SO I lock up the cases, hand em over to the clerk and they go on the conveyor belt to the TSA goons and their x-ray machine. I go through security to my gate and wait for the plane. Fifteen minutes before my plane boards I get paged and asked to return to the check-in counter. I get there to no less than four airport cops, three guys in suits with walkietalkies and three or four white shirted TSA goons. I am told that the x-ray machines picked up a cylindrical metal object in my luggage and that they'd like the keys so they can open it and check it out. (The cylindrical object was my telescoping ASP baton.) They open the gun case and things get busy. All sorts of people are called over. After fifteen minutes I am handcuffed "For my protection" in front of the assembled crowd waiting to check in for their flight. I stand there for about a half hour as they try to determine if theres something wrong. I turn to one of the cops and say "Lemme guess, if I'm innocent then I have nothing to fear, right?" She agrees. Im sure she's being fitted for jackboots as we speak.

Now one goon comes up to me and says im under arrest for improperly checking in my guns. WTF? Theres a declaration tag sitting right there in the case with the guns. My legal obligation is met! They take me outside and remove my glasses, shoes, belt and stand me against the wall and search me. Outside the terminal are three marked cars, a cop with a dog, and a couple supervisors.

Still handcuffed, Im put in the back seat of a car for about a half hour as my fate is discussed. Finally im driven to the cop shop and put into a cage, still handcuffed. After about an hour or so, a couple suits from the FBI, ATF and Fatherland Security show up and take me to a room to ask questions. Having gone through my luggage, they found a t-shirt with what could have been considered a Nazi slogan on it ("Das Reich"..the shirt was left at [info]kitiara's by one of the Shooty Goodness people when he changed clothes to go to dinner. Then there were the books...Small Arms Infantry Tactics, Counter Insurgency manual, etc, etc. Are you in the militia? Are you a white supremacist? (Asked by the Aryan, blonde haired, blue eyed FBI dweeb) Why do you have all these guns? Where did you get them? Do you own other guns? Do you own body armour? If you knew someone was going to commit a crime you'd tell us right? Etc, etc.

Back into the cage, and handcuffs, for another few hours. Finally, around 10pm, the let me go after taking all my guns and other weapons. Im charged with 'bringing a dangerous article onto airport property'. Huh? The guns were all in a locked case, as required.

Hire a lawyer. $900 "Start to finish" is the quoted price. Apparently 'start to finish' doesnt include $500 to file a motion to get a Bill Of Particulars from the prosecutor, who was dragging her feet in getting that info to us. After all, how the hell can I defend myself if I dont know what they have a problem with? There were five guns in one gun case and they said the AR-15 was the dangerous article. Why they picked that one out of the five in there seems wierd...after all, if there were five guns in there wouldnt each one be just as dangerous? (And, no, there was no 'assault weapon' ban that affected any of this..it was a post-ban gun). So the court date was yesterday. I show up in my Going To Court suit. Docket lists 49 cases... Lawyer arrives. So we get into the courtroom. Judge asks if tehres any changes. Prosecutorgirl says the state of VA chooses not to pursue charges at this time for lack of evidence. Im free to go. Great. Now where the hell are my guns? I was thinking my toys had been turned over to the tender mercies of ATF for 'testing'. I was told I could go to the airport copshop and get them back. So, later that afternoon, [info]kitiara (who was very supportive, very outraged, and very understanding of the whole mess) gave me a ride to the copshop. I went in , showed idea, and me and the proprty clerk inventoried my toys...AR-15, Browning P35, 1911 45, S&W .38, S&W .357, Glock 9mm, butterfly knife, etc, etc. The property clerk and the other cop did NOT seem happy to let me have my toys back. Probably the kind of cops that think only they should have guns. So I sign the forms and get my toys back. The property clerk walks them to the parking lot and puts them in the truck. He then stands there as if expecting me to thank him for carrying them..fat chance. We leave.

Now, how to get them back to MT? Well, feeling boldened and a little bit confident that the airport cops realize they might have screwed the pooch, I figure I'll check 'em in the same as last time but paying much, much more attention to every step. I filled out a declaration tag for EACH gun (overkill, yes) and followed them as they x-rayed the bags. No problems. I didnt relax until the plane was actually airborne and I didnt fully feel safe until I was on the ground in Missoula with my cases in hand.

$1500 in lawyer fees, $500 in airfare, another $1000 in lost time from work.

And it isnt over. TSA wants to fine me $1200 for failure to declare firearms...but if I dont contest it, they'll cut the fine to $600. I asked the attorney if he thought that maybe the TSA will see that VA didnt have a leg to stand on and maybe wash their hands of it too. We'll see.

The reason I havent said anything was because until I got my guns back, I didnt want to make any waves. If some well-meaning person started asking questions or rallying public opinion or something like that it would have , in my opinion, just made things more difficult. But, now that my guns are safely with me, it doesnt have to be a secret anymore.

Needless to say, I wasnt a big fan of airport security before and Im far less a fan of them now.



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[info]literari
2003-12-17 02:57 pm UTC (link)
that's insane. and congrats about kitiara. and that's insane. I hope you fight it, and I hope you win, whatever "winning" means.

(Reply to this)(Thread)

(no subject) - [info]jrtatsc, 2003-12-17 03:06 pm UTC
(no subject) - [info]cramer, 2003-12-17 04:23 pm UTC
(no subject) - [info]bizarroludwig, 2003-12-18 05:48 am UTC
(no subject) - [info]jrtatsc, 2003-12-18 06:34 am UTC

[info]dantheserene
2003-12-17 02:59 pm UTC (link)
In what jurisdiction will you be filing your suit?

(Reply to this)(Thread)

(no subject) - [info]bandicoot, 2003-12-17 03:30 pm UTC

[info]jrtatsc
2003-12-17 03:03 pm UTC (link)
And I assume they never told you what was improper about the way you checked the guns in. Or how it's even possible that you could be charged with failure to declare firearms if you followed the proper procedures when you checked them in.

It seems pretty obvious to me that if you went to all the trouble of checking in your unloaded guns in locked cases, you probably weren't planning to hijack the plane or anything.

(Reply to this)(Thread)

(no subject) - [info]kitiara, 2003-12-17 03:08 pm UTC
(no subject) - [info]jrtatsc, 2003-12-18 06:33 am UTC
(no subject) - [info]cramer, 2003-12-17 04:27 pm UTC

[info]lemonhd
2003-12-17 03:20 pm UTC (link)
Holy Cow! Well that explains alot of things. How incredibly unbelievable, I kept expecting to read about how you were just joking.

When I checked through at Dulles they were quite inquisitive about my guns, the magazines, and why I had them. The guy at the scanning station asked me "Oh, what model Glock is that", and "Nice Beretta 12ga, what were you hunting for?" All while he looked at me with this glaring you better have the right answers, and quick there missy look on his face. I played my Southern Charm card, and it seemed to help a ton. Goes to show you how fucked up the profiling really is.

God that pisses ME OFF!!!!!!!!

(Reply to this)(Thread)

(no subject) - [info]makarov, 2003-12-17 03:36 pm UTC

[info]bandicoot
2003-12-17 03:31 pm UTC (link)
Sounds like lawsuit material to me. I wonder if you could find a lawyer or special interest group (ACLU? NRA?) who would do it pro bono ...

(Reply to this)(Thread)

(no subject) - [info]cramer, 2003-12-17 04:37 pm UTC

[info]crasch
2003-12-17 03:32 pm UTC (link)
Man, that sucks the sweat from dead donkey balls. How incredibly scary and frustrating.

(Reply to this)(Thread)

(no subject) - [info]abz6598, 2003-12-17 03:38 pm UTC

[info]ernunnos
2003-12-17 03:50 pm UTC (link)
Sounds like it's time to get re-acquainted with the Great American Tradition of the Great American Road Trip. Not that the same thing wouldn't happen to you if you got pulled over driving through Illinois with a bunch of guns, but...

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[info]corto
2003-12-17 03:58 pm UTC (link)
"how to maintain a cool head and remain composed in the face of outragiousness"

That's the name of the book you're going to write huh?

That's an amazing story and i suspect it is one that many American - perfectly law abiding - gun owners could tell.

It is a remarkably difficult circumstance... on so many levels.

Clearly - well, maybe not, depends on your attitude, but for my money "clearly" applies - clearly it's a bad idea to have no controls about gun ownership and sale, and that transportation of guns needs also to be closely controlled. The people that do not own guns or know about guns or have been conditioned by an unfriendly media and social standard have great fear of guns and "fear is the real problem".

When that fear is coupled with a badge and a subconcious agenda... all hell breaks loose.

I'm glad you got your toys back... and it's a damn shame about the money. If you can afford it... I'd be all about not letting them get away with the $600 for no-contest.

(Reply to this)(Thread)

What worm hole did you crawl out of? - (Anonymous), 2003-12-19 03:46 am UTC
Re: What worm hole did you crawl out of? - [info]corto, 2003-12-19 05:21 am UTC
Re: What worm hole did you crawl out of? - [info]corto, 2003-12-19 07:14 am UTC
Come, fly the friendly skies!
[info]stmachiavelli
2003-12-17 04:06 pm UTC (link)
And people wonder why the airlines are having so much trouble.

This type of stuff happens every time small minded insignificant individuals get any power. Makes me want to pistol whip them.

The TSA fine is a tactic. By threatening you with it, they hope to get you to settle for a reduced amount and an agreement that will contain a clause in which you promise not to sue. Their next tactic will be to let it drift (leave you alone, hoping you won't sue), then if you do try to sue they'll raise the issue of the fine (that you didn't pay) in an effort to muddy the waters.

The problem you face with filing a law suit (as I've found after my motorcycle gloves completely failed to protect me) is finding a way to make it worth the attorney’s time. The stakes have to be high enough for them to care, which means a large hefty sum of money...which no jury is going to award you after the defense team discusses the contents of your luggage (the shirt, the books, the guns...)

A discreet firebombing might be a better or at least more satisfying solution.

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[info]kimatha
2003-12-17 04:18 pm UTC (link)
I don't really know what to say, other than the obvious: That just sucks, man.

(Reply to this)


[info]kenshi
2003-12-17 04:24 pm UTC (link)
Wow. That is more than just a little fucked up.

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[info]ydna
2003-12-17 04:32 pm UTC (link)
I am speechless.

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[info]jon3
2003-12-17 04:32 pm UTC (link)
Declining to file on their part is as about as close as you're going to get them to admitting guilt. You should chat with a local attourney about suing them. At the very least, a sternly worded letter and you might get your legal costs back.

(Reply to this)


[info]aldoushuxley
2003-12-17 04:54 pm UTC (link)
I take it the issue was that you didn't fill out a form for each gun rather than each case?

(Reply to this)(Thread)

(no subject) - [info]evelynne, 2003-12-17 05:50 pm UTC
(no subject) - [info]abz6598, 2003-12-17 05:59 pm UTC
(no subject) - [info]ydna, 2003-12-17 09:48 pm UTC
errrr....
[info]avball
2003-12-17 07:06 pm UTC (link)
I am at a complete loss for words. You have my sympathy. It is quite disturbing to have confirmation that even if you've done nothing wrong, you do have something to fear.

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[info]portia
2003-12-17 08:51 pm UTC (link)
It all makes sense now! I was wondering why you were being so blase about getting back home and to your business.

See? This is what happens when conservatives/Republicans are in office. ;o)

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(no subject) - [info]kitiara, 2003-12-17 08:58 pm UTC
there's hope for you yet - [info]makarov, 2003-12-18 10:57 am UTC

[info]liandriel
2003-12-17 09:12 pm UTC (link)
The word that comes to mind is "disbelief," but it seems unsuitable; I do believe it. I just don't understand how we got to a point in this country at which these things happen and, somehow, you're in the wrong, after doing everything procedurally correctly. How have we fallen into such complacency?

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[info]treylis
2003-12-17 09:28 pm UTC (link)
Disgusting.

I'm curious though, what exactly does the shirt have on it?

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The shirt - [info]tupelo, 2003-12-18 05:18 am UTC
I read an article. . .
[info]adderyn
2003-12-17 10:07 pm UTC (link)
Which said the Patriot Act was being used more commonly against the KKK, and similar groups along with foreign terror groups.
As for the TSA shit fight it. Then sue the Federal Gov, the TSA iteself, and the arresting officer. Have your attorney subpoena every document involved with your case including whatever documents they based the probable cause for the arrest on.

(Reply to this)(Thread)

Re: I read an article. . . - [info]tavella, 2003-12-20 01:07 am UTC

[info]vixyish
2003-12-17 10:21 pm UTC (link)
You don't know me, but I was pointed to your post from elsewhere, and I just have to add my 'holy fuck'.

I'm not even personally a big fan of guns and I still think that's completely and utterly fucked up.

I'm curious to hear more particularly on the part about the fact that, not only did you not violate any airline regulations, but the fact that airline regulations are not actually laws. Is that true? Has your lawyer commented about that at all?

For whatever the support of a stranger-slash-friend-of-a-friend on livejournal might be worth to you... you have mine.

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Jesus Mary and Joseph!
[info]sharonafyre
2003-12-17 11:03 pm UTC (link)
That so completely blows. I would have been *beside* myself with anger.
I can't believe you had to pay so much to deal with your completely by-the-books traveling intentions.

Christo!

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[info]smjayman
2003-12-18 12:08 am UTC (link)
Dude, I have no words. What a bunch of bastards.

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[info]thingie
2003-12-18 02:25 am UTC (link)
afterwards, you should sue to have them reimburse your lawyer and court fees.

no, seriously. take their asses to court, especially to show how much they fucked up.

Im willing to bet you they will cut a deal before they ever step foot in a court room.

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[info]aldoushuxley
2003-12-18 04:01 am UTC (link)
Didn't you say once that your mom is (was?) a New York attorney? What's her advice? I deal a lot with lawyers and lawsuits in my job, and having a lawsuit filed against the bank and a being served with a subpoena to go through our files and take depositions really gets our attention even when the lawsuit is ridiculous.

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[info]rhiannonstone
2003-12-18 05:47 am UTC (link)
That is seriously fucking lame. :/ I was reading this to Paul while we were waiting in line for Return of the King last night, and he kept interrupting me, asking, "Waitasecond, I don't understand--what did he do wrong?" Nothing, of course. Ugh. Glad you got your toys back, though.

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