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Transport through New York state

Discussion in 'Legal' started by Vermonter, Jan 28, 2013.

  1. Vermonter

    Vermonter Member

    Apr 2, 2004
    Unfortunately some of us have to go through New York state to get to the rest of the country. I read somewhere that firearms are covered by the "Safe Passage Act" but that magazines are not. Does anybody know details?

    What about non-firearms such as knives and muzzleloaders? Many locking folders are now illegal in NY state, and of course double-edge knives which are legal in VT and NH are illegal in NY. I think muzzleloaders are still mostly legal in NY state, although I wonder if a LeMat revolver with it's 9 chambers would be restricted now.

    What a mess.

  2. LemmyCaution

    LemmyCaution Active Member

    Jun 4, 2008
    The problem with NY state is that they view the protections afforded by the Firearm Owners Protection Act as an affirmative defense to prosecution, not as a protection against arrest.

    Meaning that the authorities will interpret the law to mean that they can arrest you as they see fit, and it is up to you to mount a competent defense against the charges using the FOPA.

    As such, the provisions of the FOPA have not yet been tested as regards NY state's new firearms laws.

    But if one were properly complying with the FOPA, it is very unlikely NYS law enforcement would have means to discover your firearms, as they would be locked in a case or other inaccessible compartment of your vehicle.

    Unless something else you did gave them grounds for a warranted search of the contents of the vehicle, law enforcement would have no access to determine the legality of any hypothetical firearms.

    There is obviously an element of risk in this. One must assess the level of risk with which one is comfortable.
  3. Sam1911

    Sam1911 Moderator

    Oct 22, 2007
    Central PA
    Further, there is no clear ruling that FOPA specifically does cover magazines or ammunition.
  4. Blackbeard

    Blackbeard Participating Member

    Jun 16, 2007
    Behind the Daley Curtain (IL)
    And of course, never EVER consent to a search. Ever.

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