Flying with a handgun from New York City

[SkinnyGrey]

I have a Connecticut CCW but was planning a trip to fly from NYC to Seattle. If I am covered in Seattle by a Utah out of state I.D., does anyone know if it is legal for me to fly out of New York City with my firearm? And if so, which precautions would I have to take?

 

[tkaction]

You can't. You can't even cross into NY. As soon as you reveal you have a handgun to check you will be arrested by the Local police.

 

[msmp5]

When you declare a checked handgun in your luggage at one of the Port Authority of NY&NJ Airports (like JFK or LGA), the ticket agent will call over a PANYNJ cop to check out YOU and your gun. My guess is that without a NY permit (NYC Permit?) you will be arrested on the spot. If you want to confirm that, I'd make a phone call to the PANYNJ Police Department and just ask them, see what they say.

 

[redbullitt]

The way I understand your post is that you will drive to NYC airport and then fly out? I do not think you can even legally drive your weapon into the state, let alone check it in a bag at the airport. BUT I could be wrong.

but any idea how this works if you are stopping in NYC as a layover? Ie I fly out of Pittsburgh or somewhere, with my weapon appropriately checked in my luggage per local law (in accordance with ccw or reciprocity), and I have to wait at NY airport for my next flight to board. I have no contact with my bags so it should not be an issue. Right?

 

[SkinnyGrey]

that would be my guess, yes. there is some info on the nra web page concerning flying with a handgun.

 

[brboyer]

The way I understand your post is that you will drive to NYC airport and then fly out? I do not think you can even legally drive your weapon into the state, let alone check it in a bag at the airport.
BUT I could be wrong.

but any idea how this works if you are stopping in NYC as a layover? Ie I fly out of Pittsburgh or somewhere, with my weapon appropriately checked in my luggage per local law (in accordance with ccw or reciprocity), and I have to wait at NY airport for my next flight to board. I have no contact with my bags so it should not be an issue. Right?

You are...


In response to the question from Congressman Don Young, the US DOJ said:

The Department of Justice agrees that the provisions of section 926A apply to the situation set forth above assuming: (1) the person is traveling from somewhere he lawfully may possess and carry a firearm; (2) en route to the airport the firearm is unloaded and not accessible from the passenger compartment of his car; (3) the person transports the firearm directly from his vehicle to the airline check-in desk without any interuption in the transportation; and (4) while carrying the firearm to the check-in desk it is unloaded and in a locked container.

This interpretation reflects the apparent congressional intent in enacting this provision, while allowing State and local law enforcement to continue to enforce their firearms laws aggressively to promote public safety.

We will inform the applicable law enforcement authorities of our interpretation of section 926A.

 

[NavyLCDR]

In response to the question from Congressman Don Young, the US DOJ said:

And that will keep the OP from being arrested in NYC how, exactly?

 

[brboyer]

And that will keep the OP from being arrested in NYC how, exactly?

We will inform the applicable law enforcement authorities of our interpretation of section 926A

May not avoid an illegal arrest (what would?) but the DOJ's notice will be great when used in the 1983 civil rights lawsuit.

Please ignore the above in red. After further research, I was wrong....

 

[Frank Ettin]

Personally, I would not chance it. It should be okay under 926A, but the authorities in both NYC and NJ have a reputation for pushing the envelope and sometimes being overly aggressive. If you are arrested, you will probably be able to get off -- after spending a lot of time, money and aggravation.

Isn't there someplace else you could fly from, even if only to make a connection in someplace less problematic.

 

[Prince Yamato]

Call the police, cite the case mentioned. Explain what you will be doing. They'll tell you if you will be legal or not. I'm pretty sure in this current climate, what with Bloomberg reducing the cost of gun permits and all, that they're not going to risk a show trial that they will lose.

 

[brboyer]

Call the police, cite the case mentioned. Explain what you will be doing. They'll tell you if you will be legal or not. I'm pretty sure in this current climate, what with Bloomberg reducing the cost of gun permits and all, that they're not going to risk a show trial that they will lose.

Call the police, cite the case mentioned. Explain what you will be doing. They'll tell you if you will be legal or not.

This is terrible advise!

LEO are not qualified to give legal advise.

I'm pretty sure in this current climate, what with Bloomberg reducing the cost of gun permits and all, that they're not going to risk a show trial that they will lose

:banghead:

 

[swinokur]

Attached is the letter.Priint it out with a copy of FOPA and carry it in your gun case. While it won't prevent an unlawful arrest, it may mitigate your aggrevation. NY also lost a case when a traveler went from JFK to Laguardia and was arrested. The Federal Court held he was legal to travel under FOPA between airports. Not a guarantee by any means. But if you have to travel, there isn't much of an alternative

Good luck

 

[tkaction]

Are you people really going over this again! Ny and especially NYC dont care about the fed regs and ignore the fed reg and arrest the people anyway. They may allow a mitigation of the state penality but they never return the confiscated gun and you dont fly that day. The OP wants to fly and with a gun...fly from home. The sullivan law lists a 1 year pokey sentence for even having a handgun in their state without a NY license.

 

[mbogo]

Forget it. It is unlawful for a non-resident of NYS to possess a handgun within NYS; there is an exception for competitions, but you must submit a letter well in advance of entry.

NYPD will arrest you. You will spend at least one night in detention. They will hold your gun until after the case is adjudicated, then refuse to return it to you.

Ship the gun to yourself via common carrier in a large box (all the tougher for the employees of the common carrier to steal it.

mbogo

 

[Husker_Fan]

I'm not sure of the legalities, but could you ship it to yourself to be picked up in Seattle?

Send it via UPS or other common carrier to Seattle and have UPS hold it for you at their local distribution center where you could pick it up and sign for it. It would be a major hassle for a short trip, but might make sense for an extended one.

 

[NavyLCDR]

I have to agree with you tkaction. Unless I had enough money and time to fight a case to the Federal court level, I would not take an unlicensed handgun into NYC at all, and I would not fly out of/into any airport in NY State. The most I would do is transport a gun through NY State, around NYC, with the gun hidden away and locked up tight according to FOPA and, no, officer, you may not search my vehicle or that locked case underneath all my luggage and spare tire.

 

[habeas]

Consult with a lawyer before you drive to NYC with a handgun in your trunk. The consultation fee will be a small price to pay given what could happen in a worst (but likely)-case scenario.

 

[Sebastian the Ibis]

If you follow FOPA to the letter, then Federal Law protects you from NY law, and you are legal.

However, NYC does not care what Federal Law says and they will arrest you anyways. You will spend a night in jail and loose your gun. After spending quite a bit of $$ on attorneys and bondsmen, the charges will be dropped. And that will be the end of it. If you try to sue NYC for violating Federal Law, the judge will say that the police officer was acting with good faith and he did not have to know about FOPA and kick you out of court. If you screw up FOPA and the exemption does not apply, then you are going to jail for a while.

Remember ignorance of the law is no excuse, unless you are the government!

 

[GRIZ22]

My guess is that without a NY permit (NYC Permit?) you will be arrested on the spot.

Ii have flown out of JFK, La Guardia, and Newark on numerous times. Never had PAPD check my gun only TSA or the airline. Never asked for anything but my picture ID and ticket. That has been my experience. May not be yours.

If NYC worries you so much fly from Newark. Yes I know about the guy who was arrested a few years ago but PAPD has gotten the word out regarding this.

LEO are not qualified to give legal advise.


I'd say moreso than the internet.

 

[Prince Yamato]

THANK YOU Grizz22!

Finally, someone who actually knows the law, posts!

 

[NavyLCDR]

So, Prince Yamato, are you going to depart from JFK, LGA or EWR with your handgun in your luggage and let us know how it goes?

 

[Sebastian the Ibis]

Instead of reading what a bunch of talking heads on the internet have to say, why don't you check out what Federal Courts of Appeals have recently told poor souls flying through EWR/JFK/LGA with a gun:


Revell v. Port Authority
http://www.ca3.uscourts.gov/opinarch/092029p.pdf

Torraco v. Port Authority
http://www.leagle.com/xmlResult.aspx?xmldoc=in fco 20100630136.xml&docbase=cslwar3-2007-curr

I'd say moreso than the internet.

Not so when you can read what the courts have said about this on the internet.

 

[NavyLCDR]

Not very good precedent to stand on provided by Sebastian. Things didn't turn out very well for our gun toting travelers in those cases.

 

[brboyer]

Not very good precedent to stand on provided by Sebastian. Things didn't turn out very well for our gun toting travelers in those cases.

Rightly so, based on a strict reading of the statute they violated.

Not that I agree with it, but it says what it says. Follow it or take your chances.

 

[GeoffC]

Put the gun in a long gun locked metal case... I doubt TSA gives a damn about NY law as they are federal. After the guns checked, no one, and i repeat no one at all is allowed to open that case for any reason.

That being said, realize u are breaking the law by driving where u are driving with it, and that being said, an unloaded weapon in a locked gun case...depends on the cop.

Take the gun apart as far as you can take it apart, maybe youll have something to stand on if trouble comes up on some bull**** basis that it was gun parts you had and not a finished product. I know thats some BS, but hey, if you just must do this, thats what I'd do...