I recall seeing somewhere that I could not even drive across new york state with a pistol, even properly stored in my car, but after about an hour of searching packing .org and the NY state page I can't find it. Does anyone know?
Driving through New York
- Thread starter aeroscout
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Go here if You have'nt already:
NRA-ILA/ Gun Laws
Look under the "Gun Laws" tab at the top of the page.
After reading some of the laws and Regs. pertaining to NY, I'm kind of happy I left and moved to FL.
NRA-ILA/ Gun Laws
Look under the "Gun Laws" tab at the top of the page.
After reading some of the laws and Regs. pertaining to NY, I'm kind of happy I left and moved to FL.
Thanks
Thanks, just what I was looking for and for all those interested...
"No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.)"
Thanks, just what I was looking for and for all those interested...
"No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.)"
GigaBuist
Member
Looks like I might have broken that one.
I ran through the New England area from Michigan over a year ago on a vacation. I kept my CZ in the trunk of my car with ammo and mags handy for when I'd hunker down in a hotel room at night.
As far as I know (according to my instructor in a CCW class) as long as the ammo and gun are seperated and locked in the trunk you're okay by federal law. I didn't actually take them out of the trunk though until I was in either Vermont of New Hampshire though. Not even sure which state I stayed in. In either though I'd imagine it was permissable for me to have a loaded gun in my hotel room while I stayed there. Probably shoulda spent more time in Vermont
It seems that if caught though you'd have to break out the federal "trump card" in trial though. The local PD would probably still haul you in and let a judge decide. I wonder if there's any recent cases of this coming to trial.
I ran through the New England area from Michigan over a year ago on a vacation. I kept my CZ in the trunk of my car with ammo and mags handy for when I'd hunker down in a hotel room at night.
As far as I know (according to my instructor in a CCW class) as long as the ammo and gun are seperated and locked in the trunk you're okay by federal law. I didn't actually take them out of the trunk though until I was in either Vermont of New Hampshire though. Not even sure which state I stayed in. In either though I'd imagine it was permissable for me to have a loaded gun in my hotel room while I stayed there. Probably shoulda spent more time in Vermont
It seems that if caught though you'd have to break out the federal "trump card" in trial though. The local PD would probably still haul you in and let a judge decide. I wonder if there's any recent cases of this coming to trial.
Dave P
Member
Giga, you can redeem yourself by promptly driving to nearest NYC precinct house (with pistol), and turn yourself in. Just think of how much better you will feel!
Stand_Watie
Member
Edit; sorry - looks like I'm repeating gigabuist. Anyway here's the applicable code.
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Aeroscout, if you are traveling to and from jurisdictions where it would be legal for you to posess the firearm, you would be protected from state prosecution if you carry properly. This is a federal statute that was passed specifically in response to issues like you refer to. It might be a good idea to print up a copy of the U.S. code, in case a NY police officer you run across is not up on federal law.
*****
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
--------------------------------------------------------------------------------
U.S. Code as of: 01/22/02
Section 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.
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/44/sections/section_926a.html
****
Aeroscout, if you are traveling to and from jurisdictions where it would be legal for you to posess the firearm, you would be protected from state prosecution if you carry properly. This is a federal statute that was passed specifically in response to issues like you refer to. It might be a good idea to print up a copy of the U.S. code, in case a NY police officer you run across is not up on federal law.
*****
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
--------------------------------------------------------------------------------
U.S. Code as of: 01/22/02
Section 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.
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/44/sections/section_926a.html
Poodleshooter
Member
This is pretty much a foregone conclusion. All of the NY police officers that I have encountered are of the mind that any unpapered handgun in NY is an arrestable offense. I don't even chance it. You probably wouldn't be prosecuted for it, but that doesn't mean you won't spend time in cuffs.
EOD Guy
Member
When I was a member of the 2d Army Marksmanship Training Unit out of Ft Meade, MD, our pistol team was traveling to NY for a major pistol match when they were stopped by the NY State Police and had their pistols confiscated, even though they were US Army property and the team was traveling under orders authorizing them to transport the pistols in their private vehicles. The police returned the handguns the next afternoon and said they had to verify that they were who they said they were. I'm sure that the fact that the Army team was the main competition for the NY State Police Pistol Team was just a coincidence. The firearms were returned after it was too late to shoot in the match.
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