Airport Incident: Inalienable Rights Not Valid in Puerto Rico

National Expositor Exclusive - We recieved this letter from one of our readers today.  Fran Tully, former Chairman of the Utah Libertarian Party, took a trip which included a stop in Puerto Rico. What Mr. Tully did not expect was the loss of his individual rights while flying to a U.S. protectorate. Delta Airlines transported Mr. Tully and his firearms into Puerto Rico where he was detained, had his guns confiscated, and was threatened with 6 years in prison. Read the entire letter below:

"I just returned from a multi-stop tour. One stop was in Puerto Rico where I spent 8 days. As usual before a trip, I checked out packing.org to find out the gun laws in the various states I would be in. I also tried to find out the laws in Puerto Rico. In my research, I called Delta Airlines and told them I would be traveling with a firearm and would be going to PR. I asked them to clarify the policy for bringing a gun into and out of PR so that I wouldn’t encounter any problems or unpleasant surprises. They explained that it was no problem; I just needed to have my gun in a lockable box and declare it at the Airline counter and it had to be in checked luggage. I asked, “are you sure that there are no other restrictions?” They assured me that there were none.

I was relieved to hear that because I was traveling with my family and
was aware that the crime rate in Puerto Rico is worse than most any state in
the US. I checked my bag in Miami without incident. In Puerto Rico, I left my gun in
the safe at the hotel and when I went out with my family, it went with me.
Even my wife who has never been a “gun lover” felt much more comfortable
knowing that we were armed. The roads are extremely narrow, shopping centers
have guard towers and SWAT teams in heavy armor patrolling them, and hotels
have gated properties with surveillance cameras to thwart crime.

During the 8 days that we were there, we read in the paper about 4 shooting
deaths in 4 different areas of the island. This is NOT a place one would
want to be without the ability to defend your family.

 

On the day of our departure, we arrived at the airport 3 ½ hours early. I
went to Delta to declare my firearms and the clerk checked the guns, gave me
a “declaration card” which I put in the case, and then asked me to wait at
the counter while she called the local police. When I asked why she was
calling the police, she said it was the law in Puerto Rico. Any time someone
leaving the country has a gun, they are required to call the local police
who have to inspect the gun and speak to the owner. I said that I had never
heard of such a thing and wondered why Delta had neglected to mention that
information to me when I called them. She assured me it wouldn't take too
long, that the police station was in the airport.

THIRTY-FIVE minutes later, 2 cops showed up. One spoke no English, the other spoke almost no English.
For the next 20 minutes, with the help of the Delta employee translating,
they repeatedly asked me if I had a license for the gun, and if I was a
federal officer or a policeman. They asked me why I had the guns, where I
got the guns, and how long I had been in Puerto Rico. Then they asked to see
my ID. They asked me if I had a permit for the gun. I gave them my Utah CCW,
which had expired 9 days earlier on this trip. They then became like a dog
with a bone. They fixated on the fact that the CCW was expired and that I
was not’t allowed to have the guns. I explained to them that the CCW was only a
permit to carry concealed in certain US states and that in no way was it a
license to have or carry a gun, nor was it a permit to have a gun. They
demanded to see my license to own the guns and couldn't’t comprehend the idea
that I didn't have one or need one. I said, “look, I have already cleared
Delta, the guns are locked in a box, buried in a suitcase, and in 5 minutes
will be in the luggage hold of the plane. Delta told me before I came to
Puerto Rico that there would be no problem. Let me check the bag and I will
catch my flight and the guns will be no problem to anybody.”

They argued that I had already broken the law because I had the guns for a
week and had them in my possession now. They refused to let me go. They took
me to their office and I missed my flight. My wife and kids were terrified
and kept asking if I was going to jail. I told them honestly, “I don’t
know.”

At the police station, it was more of the same, except now there were four  
additional people who didn't’t speak any English. The Sergeant in charge told
me that it was George Bush’s fault. He said that he had passed a new law
that made all guns and ammunition illegal in Puerto Rico without a gun license. I
said, “fine…. I will get a Puerto Rican gun license.”  They said, no, it takes a year
to get a license and you have to prove that you need one. The Sergeant
finally (after holding me in custody for  2 ½ hours) stated that they would
have to keep the guns. I sat up straight and said, “NO… absolutely not.” And
they all stared at me in shock.

“Then we will have to arrest you and take you to the judge tomorrow. We can
not give you back your guns.” He said. I didn't answer. I just sat with my
arms crossed and didn't respond. They all started talking to each other and
running around. Then one guy got the law (Puerto Rican Gun Law) and started showing me
sections of it. The two memorable sections were – the penalty for having a
gun or even a single bullet, without a license – 6 years in jail.

I continued to sit quietly until they made another suggestion. We finally
agreed on a compromise; They would keep the guns, magazines, expired CCW and
ammo as evidence, would give me a receipt and a written guarantee that they
would return them to me via an FFL that I would hire, and that the guns
would be returned to me. Then they could let me leave without arrest. I
finally got away, and was lucky to catch the last flight out which took me
to Orlando, FL.  I waited in the airport for 10 hours for a connecting
flight back home. My wife didn’t find out until the next morning that I had
left the island and that I wasn’t going to jail.

Needless to say, I will not be flying to Puerto Rico again, nor will I be flying
on Delta Airlines again until they get a piece of my mind and hopefully
offer me an apology and compensation for my inconvenience, cost of
retrieving my property, and costs incurred in Orlando."

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