Interstate Travel


PDA






Chester32141
April 15, 2008, 10:03 PM
Please accept my apologies if I should have been able to find the answer to my questions using search. :)

I will be traveling to NY from FL by car in the next day or two. I do not have a carry permit. Here in FL I carry a handgun in the glovebox for security .

1. Can I legally drive up to NY (Western, NY) w/ a handgun in my truck. I will be staying in NY for a couple weeks before returning.
1a. Would a rifle be more OK than a handgun ?

2. Is there a better route to take ... ie. coastal I95 v. inland I75 ? Same distance either way.

3. I will also be returning w/ the a variety of firearms that were bequeathed to me. Is it allowed for me to sidetrack and drop off a firearm that was bequeathed to a family member in Ohio ?

Thank you for any advice you are able to share w/ me.

Chester

http://banners.wunderground.com/banner/gizmotimetemp_both/language/www/US/FL/New_Smyrna_Beach.gif

If you enjoyed reading about "Interstate Travel" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
wdlsguy
April 15, 2008, 10:22 PM
1. Can I legally drive up to NY (Western, NY) w/ a handgun in my truck.
No, unless you have a NY pistol permit.

I will also be returning w/ the a variety of firearms that were bequeathed to me.
Handguns or long guns? I wouldn't take possession of any handguns in NY if I were you.

Is it allowed for me to sidetrack and drop off a firearm that was bequeathed to a family member in Ohio ?
I would probably ask the executor / executrix to package it up with To and From labels.

Rmeju
April 16, 2008, 03:12 AM
New York is the worst state you will be driving in, but others may still have laws that will give you trouble if you want to keep a handgun in the glove box.

My advice, especially if you don't have a FL CCW, then you should not bring a weapon with you. If you do, keeping it unloaded, in the trunk, etc. will keep you legal most places, but NOT IN NYS.

Despite federal laws specifically permitting it, NYS police will arrest you and steal your firearm unlawfully if you are only driving through the state. With narrow exceptions that don't apply to you, possession by a non-resident of a handgun in NYS is completely forbidden.

Also, as the above poster suggested, I would not take possession of any handguns in NYS, unless you are a NYS resident with a pistol permit.

My heartfelt advice to you is to ask: Why are you doing driving all the way up to NYS just to get a couple of guns that could much more economically just be shipped to FFLs in appropriate states?

If you also want to visit family, or have some other reason to actually go personally, then have the guns shipped, and go only for the other reason.

If NYS wasn't involved in the equation, it'd probably be doable. But it isn't unless you're relying on your ninja-like sneakiness to carry the day. But then again, if that was the case, you wouldn't be asking for advice on the legal forum, now would you?

Reid

NavyLCDR
April 16, 2008, 11:28 AM
1. Your possession of a handgun in NYS is prohibited without a NYS permit. This includes any handguns that you would receive from the estate. There are a few exceptions, none of which apply. FOPA - traveling interstate with firearms does not apply because you will actually be stopping in NYS for more than reasonably associated strictly with travel, therefore NYS is a destination. The other exceptions in NYS statutes are for persons attending official comptetitions or exhibitions and generally only cover 48 hours.

1a. According to NYS Penal Code 295.20, a rifle should be just fine:
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
5. Possession of a rifle or shotgun by a person other than a person
who has been convicted of a class A-I felony or a violent felony
offense, as defined in subdivision one of section 70.02 of this chapter,
who has been convicted as specified in subdivision four of section
265.01 to whom a certificate of good conduct has been issued pursuant to
section seven hundred three-b of the correction law.

2. Route: I don't know. It doesn't matter with regards to the firearms so long as you don't enter New York City.

3. Yes. FOPA does not specifiy "by the most direct route" or anything like that. It only specifies you have to be legal at your origin and at your destination, so any handgun is not covered because of your destination of NYS. You are legal to possess in Ohio, so there is no concern with the extended stop in Ohio.

4. If there are any handguns in the estate being settled, they cannot be transferred to anyone who does not have the NYS permit to possess handguns.

Chester32141
April 16, 2008, 09:08 PM
Sounds like a handgun is the big problem for interstate travel ... does that mean I can load up the 336 and carry it behind the seat of my truck and not expect to be thrown in jail if I get pulled over ... How about a Nylon 66 ... ?

Chester

http://banners.wunderground.com/banner/gizmotimetemp_both/language/www/US/FL/New_Smyrna_Beach.gif

wdlsguy
April 16, 2008, 09:40 PM
The safest thing (legally) is unloaded, cased and in the trunk. Or unloaded and in a locked container. Many of the jurisdictions you will be passing through are a lot less relaxed about guns than Florida is.

http://www.nraila.org/GunLaws

Lupinus
April 16, 2008, 09:49 PM
laws that protect you during travel don't cover loaded weapons in the vehicle. They need to be unloaded and not accessible (cased, trunk, etc)

Jim K
April 16, 2008, 09:55 PM
The very best way to go is for the executor of the estate to arrange with a NY dealer to ship the guns to a dealer in FL. That way, you carry nothing and can't get in trouble. If the executor is not an attorney, he or she might want to consult an attorney in conjunction with talking to a dealer to make sure the dealer understands that the executor is legally in possession of the guns. The two can also help with NY law if there is anything not OK with the guns, like an unregistered handgun, so no one gets in trouble even if the gun has to be surrendered.

The costs of all this will be paid by the estate as part of the costs of settling the estate.

As to carrying a handgun with you from FL to NY, you cannot do that legally for the reasons already mentioned. If you feel that you need a gun so desperately that you are willing to risk a felony conviction, go ahead, but there is NO legal way. Unless you are in some really bad trouble, like your testimony just got the local Capo 20 years, forget about taking the gun.

Jim

NavyLCDR
April 17, 2008, 10:26 AM
Sounds like a handgun is the big problem for interstate travel ... does that mean I can load up the 336 and carry it behind the seat of my truck and not expect to be thrown in jail if I get pulled over ... How about a Nylon 66 ... ?
Chester

From what I read in the NYS statutes that is true. But that only applies in NYS because it's their statutes. When traveling you either have to comply with either the state law you are currently physically located in or you must comply with FOPA. FOPA says any firearm must be unloaded and seperated from the occupants of the vehicle.

And really as stated above, the easiest solution would be for the executor of the estate to transfer at the least the handguns via a NYS FFL to an FFL in Florida.

flphotoguy
May 16, 2008, 04:57 PM
And really as stated above, the easiest solution would be for the executor of the estate to transfer at the least the handguns via a NYS FFL to an FFL in Florida.

For some, this can be an expensive option. My FFL in Florida wanted $42 per gun for a transfer. Ouch! I decided to take my guns from NJ to FL unloaded and locked in trunk. They all have trigger locks on them as well. I consulted my local LEO on the best way to do this so I would not have any problems in case of a traffic stop in the unfriendly states of NJ and MD and the DC. He said that I only needed to volunteer the information about the guns if asked and that I did not have to consent to a search.

That surprised me. I know that you are not obligated to consent to a search but I always thought that a LEO would get real angry if you just said no to a request. He added that if I broke down, or had an accident, to make sure that the local LEO knew that there were guns in the vehicle so they could be secured. That was common sense. While all the above may be true, NY is known to be less tolerant when it comes to interstate transport, even though your rights are protected by federal law.

csmkersh
May 16, 2008, 06:29 PM
I'm begining to thank there ought to be a sticky titled "Taking my Handgun to NY or California.

:banghead:

Supertac45
May 16, 2008, 06:57 PM
No you can't. You also cannot take a handgun into New York if that's you final destination.

hvengel
May 17, 2008, 06:39 PM
Being that this is a bequeath it might be possible to have the executer ship the guns directly to you so that you can avoid the costs of having an FFL handle it. But you should check with a lawyer before doing this.

AirForceShooter
May 18, 2008, 08:46 AM
Take I-75.
I-95 really sucks.
Don't take a gun up. you're not legal.
Pick up the guns and get the hell out.

AFS

kingpin008
May 18, 2008, 12:23 PM
Being that this is a bequeath it might be possible to have the executer ship the guns directly to you so that you can avoid the costs of having an FFL handle it.

If these guns are handguns, and not C&R eligible, it doesn't matter if they're bequeathed to him or not, they MUST go through a FFL. Long guns, there is the possibility to have them shipped direct, as long as NYS law allows such things.

NavyLCDR
May 19, 2008, 12:34 AM
The long guns cannot be shipped directly to the individual out of state either.

sernv99
May 19, 2008, 06:40 AM
I'll throw one more scenario into the mix:

I live in VA and my parents live in rural Western NY. I plan to drive up to my parents farm(about 70 acres) this summer. I plan to bring my handgun and my assualt rifle and shoot them on their farm. The area they live on is really rural, only 5 houses on their road which is about 2.5 miles long. The house across the street is my relative of mine, the house next to my parents is some old school Amish farmer who hunts deer illegally year round, lol, and the enighbor up the road shoots guns year round. My parents live on 70 acres so it's pretty much spaced out from the rest of the houses.

Will I be in legal trouble by shooting my handgun and assault rifle on my parents farm? Nope, because unless the cops are staking out my parents farm, no one is going to know I have those weapons. Moral of the story: if you are going to transit or travel to a state with guns that would be illegal to possess in said state, best to act like Mr. Joe Public USA citizen and obey all traffic laws and not attract attention of LEO. Technically, am I breaking the law? Yeah...Will i get caught? No...I don't attract attention so the risk is non-existent.

That's the nice thing about my parents place, you can step out the back door, shoot off some rounds, and no one will care because it's so rural:evil:

NavyLCDR
May 19, 2008, 10:44 AM
Moral of the story: if you are going to transit or travel to a state with guns that would be illegal to possess in said state, best to act like Mr. Joe Public USA citizen and obey all traffic laws and not attract attention of LEO.

And it's also best to not broadcast your intentions to conduct illegal activities on the internet either and I am sure a nice moderator should be along shortly to repeat that encouraging persons to conduct illegal activities is discouraged here.

wdlsguy
May 19, 2008, 11:04 AM
I will also be returning w/ the a variety of firearms that were bequeathed to me.

The long guns cannot be shipped directly to the individual out of state either.

Why not?

(a) It shall be unlawful—
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...
18 USC 922 (http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html)

sernv99
May 19, 2008, 11:10 AM
so the discussions over in the other forums detailing on how to convert 10 round assault rifles to accept high capacity mags is allowed? In some states this is forbidden. Hmm, that's pretty hypocritical

NavyLCDR
May 19, 2008, 11:38 AM
wdlsguy,

I think you might be right, although I bet you could never get FEDEX or UPS to do it!

So let's see, when dealing with a bequest of a firearm that occurs in another state, only according to Federal Laws (some states may be more restrictive, such as New York), a person can go to another state to pick up and transport rifles and handguns with no FFL involvement. or they could be delivered to the recipient by a private party with no FFL involvement.

The handguns could legally, according to Federal Law, be shipped directly to the recipient, provided that written notice was given to the carrier bacause it would be an interstate shipment of a firearm to other than a licensed dealer or manufacturer. However, there is not a snowball's chance in heck that FEDEX or UPS would accept it.

The handguns could be shipped to an FFL in the recipient's state, by a private party using FEDEX or UPS. or an FFL in the state of origin could mail it to the recipient's FFL via USPS.

The longguns could be sent via USPS by anyone directly to the recipient. The longguns could also be shipped by FEDEX or UPS directly to the recipient, again with written notice to the carrier. Good luck with that.

So I think that's it, in a nutshell?

Aguila Blanca
May 19, 2008, 02:35 PM
Will I be in legal trouble by shooting my handgun and assault rifle on my parents farm? Nope, because unless the cops are staking out my parents farm, no one is going to know I have those weapons. Moral of the story: if you are going to transit or travel to a state with guns that would be illegal to possess in said state, best to act like Mr. Joe Public USA citizen and obey all traffic laws and not attract attention of LEO. Technically, am I breaking the law? Yeah...Will i get caught? No...I don't attract attention so the risk is non-existent.
The risk is never "non-existent."

What if you are involved in a car accident while in NY and the responding officer finds the guns in your car? You can't legally even possess either a handgun or an "assault rifle" in NY state, so you're toast. The bottom line is, if you do what you are proposing you aren't "technically" breaking the law. You ARE breaking the law. If you wish to take that chance, it's your life. I certainly hope you aren't suggesting to anyone else that doing the same thing might in any way be a good idea.

sernv99
May 19, 2008, 03:37 PM
People here are adults so they are big enough to decide what's worth the risk and what isn't. I was getting rid of the misconception that as soon as you cross a state line, cops will be on your tail like the KGB. That seems like the environment in here. WRONG!!! Unless they are racially profiling LOL

and secondly, my guns would be broken down and locked up securely in a case that doesn't resemble a gun case. They need a warrant to unlock anything up of mine without due suspicion. Don't give me this b.s. 20 different "what ifs" scenarios. If you are in a bad of a wreck where your stuff is thrown all across the highway and busted wide open, you are as good as dead from the accident.

Don Gwinn
May 19, 2008, 05:19 PM
There's no ambiguity here. You're not suggesting that he do something that would be legal in some jurisdictions. You're suggesting he do something illegal in the jurisdiction in which he plans to do it.

If you enjoyed reading about "Interstate Travel" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!