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Transporting Handguns Through NY, Not NYC?

Discussion in 'Legal' started by sigbear, Feb 5, 2011.

  1. sigbear

    sigbear Well-Known Member

    I may be moving from the east coast to the south, however, I am concerned about going through upper State NY.

    I know of a individual that had handguns properly stored in a moving van going through NYC from Florida, was pulled over and asked if he had handguns and replied yes all locked and unloaded, the officer asked to see them and arrested him. The man had to go back to NYC to court and the case was dropped just before his case was to be heard.

    I know Federal laws allow handguns to be transported through all U.S. states providing you are licensed and the guns are properly stored and I am not sure if this is a isolated case, never the less, would transporting through upper state NY be any different?

    I don't know which makes me more nervous, shipping the guns via UPS or transporting them across State lines.

    Your thoughts please,

  2. jem375

    jem375 Well-Known Member

    don't worry about it, chances of you being stopped is kind of small anyway, and as long as you are just traveling through, I'm sure by now the police have had enough cases to understand that you are legal...
  3. xr1200

    xr1200 Well-Known Member

    Don't bring any handguns with you on a trip, there is a good chance if you get stopped you will have problems with state police or local police in almost any state.

    When I relocated I broke down and paid the price and had my pistols and rifles shipped dealer to dealer, I found a good dealer that gave me a package deal on shipping everything.

    I felt that if I got stopped and even if everything was legal, you could still get pulled over arrested, trip postponed and legal fees. It cost me $350 to ship everything, but for $350 it bought great peace of mind that I would have any problems if I was stopped. One other issue to think of is that if the moving van is stolen or breaks down and the guns are stolen out of it.

    Here is an earlier post I made about transporting guns in the legal section.

    I asked NYS trooper firearms division once, and the trooper told me this. Lets say you are driving from PA - Maine and are stopped by on NYS thruway and troopers find pistol in your car. You tell them your relocating from PA to Maine, but in reality you are going to confront your ex girlfriend or wife etc. in Rochester NY and a shooting occurs.

    So if they stop you and arrest you with the gun, they may have stopped a potential shooting or in comparison they let you go and the shooting takes place that they could have stopped.

    So this is the police mind set you are up against, no one wants to let the wrong thing happen and if it means arresting you and letting the courts sort it out, then this is what will usually happen.

    Note the route traveled north to south is usually heavily patrolled by cops looking for drugs, illegals, and guns, stops are frequent and a moving van or truck will draw attention. Traveling east to west is a different story, once you hit drive out of Iowa you almost don't see any cops at all on the road.
    Last edited: Feb 5, 2011
  4. george d dennis

    george d dennis Well-Known Member

    years ago i would deer hunt in maine every year. i live in connecticut. i had to travel
    through mass and rhode island. i would call the state police and let them know the
    dates i was traveling through and coming back.
    a few things they asked for;
    drivers license #, my vehicle type and reg, what firearms and serial numbers.
    i never got stopped but i wouldnt chance getting arrested and my firearms confiscated.
    call and see what they say. it dont hurt.
  5. petey

    petey Member

    there is this little thing called the 4th amendment.....
    they can't search your car without consent/probable cause.....
    just drive the speed limit, and you will be fine
  6. jem375

    jem375 Well-Known Member

    really?... I can carry a handgun on my person in approximately 20 states and you are telling me not to travel with mine, not going to happen. If your sidearm is in the trunk, unloaded and in a case while traveling, the police no doubt would not have a problem with that and if they do, ask them if they know the federal law about transporting guns through states.
  7. WardenWolf

    WardenWolf member

    Depends. Wasn't New York, but a guy on here was stopped legally transporting his handguns through New Jersey. They arrested him and charged him even though he was following the law, and they were prepared to fabricate evidence to put him away. They'd only release him if plead plead guilty to a class 3 misdemeanor which barred him from ever owning a gun again. Lesson learned: if you're traveling through one of these corrupt anti-gun states, ship our firearms. Don't transport them yourself.
  8. xr1200

    xr1200 Well-Known Member

    If you get stopped in a state other than your own residency, you can preach your civil rights all you want to the cops and they will simply arrest you and say tell it to the judge. You hear stories of ppl getting stopped and arrested with guns all the time, chances are it will never happen to you personally, but what if it does.

    Caution must be taken when ever transporting handguns, assault rifles or hi capacity mags.

    Most hunting rifles and shot guns won't really be any issues, unless they are loaded or you are driving thru some big cities that have bans of their own.
  9. nalioth

    nalioth Well-Known Member


    Not required under FOPA.

    If you're legal to own the firearm(s), you're protected while you travel under FOPA - no licenses needed.

    Unfortunately in today's environment of "fear theater", I highly suspect they'd use your info against you.
  10. george d dennis

    george d dennis Well-Known Member


    agree. in todays world i would be locked up and my firearms taken.
  11. The Lone Haranguer

    The Lone Haranguer Well-Known Member

    You are covered for traveling through the state under the provisions of FOPA. As a precautionary measure, find a route well away from the city of New York, which, I am told, gets to make their own rules. :rolleyes: If you don't drive stupid and your vehicle is in good working order (lights working, etc.), it is unlikely you will get pulled over. Should that happen, only give the officer your documents - driver's license, registration and proof of insurance - as required by law and invoke the Fifth Amendment for everything else. Even seemingly harmless and casual questions (e.g., "Where are you coming from?" "Where are you headed?") are not. And do not consent to any search, other than a quick scan of the interior of the vehicle for obvious threats, which they are allowed to do for their safety.
    Last edited: Feb 6, 2011
  12. pacpiper

    pacpiper Active Member

    It all boils down to the odds game.

    IF you're pulled over.
    IF you volunteer that you have weapons with you.
    IF the officer just wants to be a dick (because as others have posted, they will just arrest you and let the courts settle it)


    We all know the law about transporting across non-U.S. territories (I mean anti-gun states) and that we SHOULD be safe if we follow the rules set forth by federal law. Regardless......

    Bottom line is either take your chances or have them shipped.

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