Anyone fly out of NY with a checked handgun recently??

[23Glock]

First, let me state that I’m from CT, and I’m aware of the FOPA, and USC 18-926A. I am also aware of NY laws regarding the subject. I am also aware of the case history.

My question is simply: HAS ANYONE TRIED recently?

I know 4-5 years ago non-New York residents were getting jammed up at JFK (LaGuardia, Albany, and Syracuse too) trying to fly with their handguns in their checked luggage.
I just called the Port Authority police and talked to a Detective. I asked him specifically about flying out of JFK with a checked handgun as a non-resident, without a NY or NYC permit. He said it was fine so long as it was packed according to TSA standards (unloaded, locked in a hard-sided container), ammunition was separate and that I had a valid CT state permit on me. He also stated that when the uniformed Port Authority patrol officer came over to check my weapon and paperwork (and they do check everyone that declares in New York) I specifically needed to state that I was “in transit” and that I had come directly from CT to the airport, and not stopped anywhere in NY on the way, and that I was on my way via air to (destination) where I am legally allowed to transport. The detective verified this with the patrol Sergeant on duty at the airport.
I’m sure if I call back in a few weeks and asked the same question, I might get a different answer, but does anyone know definitively if New York (specifically Port Authority Police) has started to recognize peoples’ right to interstate transport at the airport?

 

[Hungry Seagull]

Not me, I'm sending the thing UPS to the place Im going.

 

[Prince Yamato]

If they said, "OK," and federal laws says it's OK, then it's safe to assume it's OK, to transport your handgun. If they arrest you, you take them to federal court and win. Period.

 

[Speedo66]

I assume you got the detectives name, shield number, tax ID number, address, date of birth, mother's maiden name, etc. and recorded the conversation?

When I worked in Queens Supreme Court, criminal division, we had quite a few "referrals" from Kennedy Airport. This was pre-9/11, and most had the weapons on their person or in their carry on luggage.

If you were carrying, even with an out of state permit, you had a problem.

Several with clean records and an out of state permit and "I forgot I had it with me" were permitted to plea and got a conditional discharge, meaning no jail time or probation.

But you still had legal fees, grief, a record, and you lost the weapon.

Why take a chance? If you get a cop who is unknowledgeable, while you may eventually win, you're not getting on your plane that day.

Ship it.

 

[sernv99]

If they said, "OK," and federal laws says it's OK, then it's safe to assume it's OK, to transport your handgun. If they arrest you, you take them to federal court and win. Period.

yeah what he said, oh and don't forget to spend a good amount of money on a lawyer and use up some of your vacation and sick time to travel back and forth to NY for your trial.

it's not worth it, ship it as the others have said.

 

[BBW]

Add to that the diminishing likelihood that the airline will actually get your luggage to your destination. I take everything I can carry-on and ship the rest whenever I go hunting.

In 2007 I went to Orlando on vacation. It was a good ten days before I ever saw my luggage again . . .

Ben

 

[30 cal slob]

interesting.

not too long ago i chatted with westchester county police, regarding this very issue at westchester county airport, which is right over the border from CT.

i was told in no uncertain terms that i would be arrested if i brought a handgun with me to check in my luggage.

 

[23Glock]

Why take a chance? If you get a cop who is unknowledgeable, while you may eventually win, you're not getting on your plane that day.

Ship it.

EXACTLY. I know I'm right, but I don't have the time to go blazing a new legal trail on my own dime. Now I need to research the subtleties of shipping a handgun to myself in another state.
Last time I shipped a handgun somewhere UPS charged me $55...

 

[Jim K]

That information appears to be correct as far as it goes and as long as the gun is in interstate commerce.

But if the airport should be snowed in, and the airline returns your baggage and gets you a hotel room, you are no longer in transit, and the airline will be happy to tell the NYC cops you have a gun in your luggage. (The rat reportedly gets a reward.) The cops will wait until you are asleep, enter your room with a master key and drag out out in your undies, laughing and enjoying every minute (especially if you are a woman).

Jim

 

[Oro]

But if the airport should be snowed in, ... you are no longer in transit

No, you are still in transit. The law doesn't say anything about the speed of your transit. Also, you are not staying overnight in Queens by choice, vacationing there, or taking up temporary or permanent residence - and these are the measures that define when you are actaully no longer in "transit."

I've flown in and out of both LaGuardia, Newark, and JFK many, many times with long guns and handguns going back 15 years. I've never had a problem, then or now (as recently as three months ago), or even shortly after 9/11.

Follow the rules, and take a copy of the rules with you if you are uncertain. I've done this in the past, but never had occasion to need to refer to them. I've found the airline counter personnel at the airports in NYC to be efficient and effective. The larger, busier airports tend to be that way - it's where incompetence causes you the most pain and cost, so that's where you try to make sure it doesn't happen.