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Ok, what's the lowdown on transporting firearms THROUGH New York?

Discussion in 'Legal' started by bladecp, Mar 7, 2008.

  1. bladecp

    bladecp member

    There's a heated discussion going on over at KTOG.org in The Counter forum. Seems like NYS state law has NO provision for allowing non-residents to transport firearms through the state under FOPA. NY does NOT issue non-resident permits and does NOT recognize any other states' permits. So, how does a non-NYS resident legally drive to/from New England? NY seems to be the only state that doesn't honor the fact that if the firearms are transported in accordance with FOPA and the intent is to transit through the state with no extended stops, then it's legal as long as the owner is legal to possess the firearms in the state he left and will be legal to possess them at his destination. What the heck is the truth? I looked on the NY.gov website and there's a summary of the laws that says FOPA is honored, but it's NOT in the actual written laws. The summary even has a disclaimer that it's just an interpretation and not the actual law. So, how does every non-resident driver for every moving company that goes through NY do it without a permit if firearms are being shipped in the household goods? They can't claim ignorance as every time I had had firearms moved when I was in the military, they had to be declared. They even wrote in on the outside of the moving box. This pisses me off because I live in New England and drove a whole bunch of stuff straight through. I intend to move south and will have to do it again. NY law also states that if I have 5 or more firearms (hand AND long guns), I will be prosecuted as having the intent to "distribute illegal firearms". :rolleyes: :banghead:
  2. Mojo-jo-jo

    Mojo-jo-jo Well-Known Member

    The FOPA specifically overrides state law. If you follow the provisions of the FOPA by placing the unloaded firearm in a locked container stowed outside the accessible passenger cabin (ie. in the trunk) and drive straight through without stopping, then you are protected under the provisions of the FOPA. NY doesn't have to decide to honor the FOPA, it's federal law and not optional.

    The existence of laws like in NY that don't have any provision for a non-resident to legally travel through the state with a firearm was the impetus for the FOPA in the first place.
  3. jpk1md

    jpk1md Well-Known Member

    FOPA does not require a locked case....only an ENCLOSED case.

    It can be soft, hard...it doesn't matter as long as the firearm is enclosed.

    Ammo and Firearms need to be in separate compartments of the vehicle.....BATFE prefers that firearms are stored in trunk and ammo in the passenger compartment.

    I just went through this and had to go through NY.

    Keep everything out of sight and inconspicuous....don't drive too slow or too fast.....don't draw any attention to yourself and you'll be fine.

    Make sure that you carry a copy of the law with you or a letter from BATFE referencing the law/statutes......this is one instance where the BATFE can actually do you a favor.....call them and ask them to review the procedure with you and send you a hard copy letter summarizing the law and specific statutes......
  4. Igloodude

    Igloodude Well-Known Member

    One clarification: "drive straight through without stopping" - if you're going from Vermont to Ohio, that's going to require at least a refueling or two. How about restaurant stops? Bathroom breaks? Stopping at a hotel/motel for the night?
  5. Winchester 73

    Winchester 73 member

    Of course you can stop for gas,food,comfort,motels,etc.
    Nothing in FOPA disallows these necessary activities.You might need to go from Oregon to Maine.


    TITLE 18 > PART I > CHAPTER 44 > § 926APrev | Next § 926A. Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
  6. mekender

    mekender Well-Known Member

    if the gun leaves the trunk, you have committed a crime in the state of NY... there was a case recently where guy was flying to new england for some reason... his flight got delayed at JFK and so he and all his luggage went to a hotel for a layover... when he came back to the airport to check his bags, they arrested him for violating NY gun laws because of the gun in his baggage... FOPA has some gaps in it that are glaring
  7. S4Lee

    S4Lee Well-Known Member

  8. Prince Yamato

    Prince Yamato Well-Known Member

    NYS does not require a permit for long guns, only for pistols. For guns which require a permit or are illegal (NFA guns), the weapon is best locked up in a case and stored in the trunk. FPA '86 will enable you to go through the state AOK. There is no conspiracy against you. NYC even has a provision for transport of firearms. When you are in the legal right, you are in the right.
  9. mekender

    mekender Well-Known Member

    ok well perhaps it was newark... either way, newark/nyc... in those anti gun cities, is there a difference?
  10. ZeSpectre

    ZeSpectre Well-Known Member

    That's how it is supposed to work. In the real world I know of a few exceptions. Maybe not legal, but still exceptions.

    Washington DC - You get stopped, they find firearms, you will be headed to jail.

    NYC - Same

    Broome County (upstate NY) - Same

    Bergen County, NJ - Same

    Is it wrong? yes.
    Is it illegal? yes.
    Has it happened to someone I personally know? YES!

    The DC and Bergan county ones managed to get it thrown out. The friend who got tagged for speeding in Broome County still has a court date pending.
  11. Winchester 73

    Winchester 73 member

    You are certainly correct,bad things happen.
    But if you wish to travel by vehicle from Ohio for example, to any New England state you must use FOPA.NY is the barrier for all 6 NE states.Canada is not an option.
    Thats why the law was put in place in 1986 to overcome the traveling logistics of the GCA of 1968.
    99.99 percent of the time FOPA will get you through.
    There is always going to be the rare SNAFU.That's life.
  12. ctdonath

    ctdonath Well-Known Member

    Realize and accept one key fact first: in NY, standard-length non-assault-weapon rifles and shotguns are not "firearms". When talking about "firearms" in NY, the reference ONLY covers handguns, post-'94 "assault weapons", and other "concealable" weapons (only handguns are legal, and that only when you have a NY license for that gun by serial number). Strange but true.

    NY takes a very dim view of unregistered firearms. Yes, FOPA legally allows you to transport one thru the state according to certain criteria. HOWEVER, if a cop finds you have a handgun not registered in NY, expect to be thrown into jail and get to discuss the nuances of FOPA with a judge.

    If you are indeed going to obey all laws while transporting a firearm thru NY, including FOPA, don't get caught. Let me reiterate: it may be legal, but expect to be arrested and have to pay a lawyer good money to convince the judge you were, in fact, obeying all laws.
  13. Winchester 73

    Winchester 73 member

    I have gone from Miami to our vacation cabin in Elmore,VT 6 straight summers now.I can't afford to travel by air with 6 people ,so by land is the only way.
    I must go through NY.Now I won't spend the night there, but take the narrow crossing just north of NYC into CT and proceed to VT.
    No problems so far.I have no other options other than to rely on FOPA.I won't go almost 4,000 miles round trip unarmed.
    Thousands of people are in the same boat every day.As said before life has some risks.

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