THIS WAS NO DAY AT THE BEACH

In Matter of Beach v. Kelly, David Beach's pistol license allowed him to have a firearm only at small arms ranges, shooting clubs and designated hunting areas.

When Beach attended a gun convention in Nevada he decided to bring his handgun with him -- in violation of his license's terms. But since he was also licensed to carry in the state of Nevada, Beach argued that a federal law -- the Firearm Owners' Protection Act (FOPA) -- allowed him to transport his pistol "between two places where an individual may lawfully possess and carry the firearm."

When the New York County Supreme Court directed New York City Police Commissioner Raymond Kelly to reinstate the license, Kelly appealed to the Appellate Division, First Department, which reversed.

Beach's pistol license didn't allow him to carry at an airport. Since he wasn't in "lawful" possession of the gun when he left for his Nevada trip, FOPA was inapplicable and the revocation was permitted to stand.

Poor Beach!

For a copy of the Appellate Division's decision, please use this link: Matter of Beach v. Kelly