How do you transport your long guns in NY State?

[twofewscrews]

Hi,

So as you probably surmised from the title I am a NY state resident and have some questions about the legality of carrying long guns to and from the range or other places I can legally carry. I am not referring to handguns or pistols but to long guns only.

When going to and from the range or other places I am legally permitted to do so, I have the rifle unloaded, magazines unloaded, and ammo locked in their own containers. Basically I make sure I am in compliance with the Firearms Owners Protection Act of 1986 aka “The Peaceable Journey Law”. I realize that if I am not traveling from state to state the afore mentioned act does not afford me much protection if any but I have been unable to find any other law or act which stipulates how one is to transport long guns and ammunition within the state of NY.

There is an EPA/hunting regulation that stipulates:
A person may not transport or possess a shotgun, rifle or crossbow in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine or the crossbow is unloaded or taken down.

The above law is not penal law and as I understand it pertains only to hunting. Am I wrong?

So I have two questions really:
1. What are/is the NY state penal law(s) which regulate the transportation of firearms (long guns) from place to place within the state of NY?
2. What are the NY state penal laws regarding carrying or keeping a loaded long gun in car? what about an unloaded long gun?

Thanks for your time,
The one who lacks a screw or two

 

[CapnMac]

Looks like Section 400 is the one to check.

Found this:

* § 265.50 Failure to safely store rifles, shotguns, and firearms in the second degree.
No person who owns or is custodian of a rifle, shotgun or firearm and knows, or has reason to know, that a person less than sixteen years of age is likely to gain access to such rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon. For purposes of this section "safe storage
depository" shall have the same meaning as such term is defined in section 265.45 of this article. Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons. It shall not be a violation of this section to allow a person less than sixteen years of age access to: (i) a firearm, rifle or shotgun for lawful use as authorized under paragraph seven or seven-e of subdivision a of section 265.20 of this article, or (ii) a rifle or shotgun for lawful use as authorized by article eleven of the environmental conservation law when such person less than sixteen years of age is the holder of a hunting license or permit and such rifle or shotgun is used in accordance with such law. Failure to safely store rifles, shotguns, and firearms in the second
degree is a violation punishable only by a fine of not more than two hundred fifty dollars.
* NB There are 2 § 265.50's

But, that appears to be all I an find--which is an expression of my inability, and not a categorical declaration.

 

[daniel craig]

Asked the guys I work for, both of whom are current or former cops and have been selling guns for 15 years.

Their advice, unloaded guns in the trunk ammo locked in boxes in the cab. Don’t have a loaded long gun in your car in any capacity. That’s their advice based on the way they were instructed to enforce the laws. Do what you want with it.

 

[Carl N. Brown]

Transporting a firearm is often treated different from carrying a gun.
Most jurisdictions I know, "carrying a gun" has the legal implication of bearing the arm with intent to use it as a weapon of offense or defense.
Even where "carrying a gun" is strictly illegal, the laws may allow transporting guns for lawful purposes (trip to a shooting range, hunting field, gunsmith, etc) and not treat it as "carrying a gun".
Here in Tennessee, you can transport a firearm unloaded in a case locked in the trunk inaccessible to driver or passenger with ammunition in a separate container.
In Virginia, that would be illegal concealed carry and the gun must be in open view to anyone approaching the vehicle.
In Tennessee a gun in open view in the passenger compartment could get you a "going armed" charge.
Explain the logic between those two.

Searching the internet "Transporting a firearm in New York State" the closest to a reasonable answer I found: "The most general firearms rule applicable to vehicle transport in New York State is that it is illegal to transport any type of gun in a car if the gun is loaded unless you possess a valid New York Permit to Carry. It is also illegal for anyone without a valid New York Permit to Carry to transport a handgun, whether loaded or unloaded."

So presumably you can transport a rifle or shotgun unloaded without a carry permit in New York State. But how? I have found no explanation of what consistutes legal transport in NYS. Returns from New York City gun lawyers who seem to make their money from people caught carrying for defense don't address legal transport conditions. I have read for hours without getting a straight answer to Transporting a firearm in New York State.

 

[twofewscrews]

="So presumably you can transport a rifle or shotgun unloaded without a carry permit in New York State. But how? I have found no explanation of what consistutes legal transport in NYS. Returns from New York City gun lawyers who seem to make their money from people caught carrying for defense don't address legal transport conditions. I have read for hours without getting a straight answer to Transporting a firearm in New York State."

Same point I got to. So far the applicable law or regulation seems to be a hunting one, but as I don't have a hunting permit I'm not even sure that I would be covered.

 

[loneDS]

Asked the guys I work for, both of whom are current or former cops and have been selling guns for 15 years.

Their advice, unloaded guns in the trunk ammo locked in boxes in the cab. Don’t have a loaded long gun in your car in any capacity. That’s their advice based on the way they were instructed to enforce the laws. Do what you want with it.

A retired NY cop and gun shop owner told me the same thing.

Others have told me (not law enforcement) that as long as the weapon is unloaded, locked (e.g., mag lock, trigger lock, locked case), and ammunition stored separately, you can transport the rifle in the cabin. I think the most important thing is to have the rifle UNLOADED and separate from the ammo. "Unloaded in the magazine" per the law, for me, translates to all magazines, even detachable ones.

It seems minor to me so I'd rather not push my luck interpreting the law differently. I just lock the rifle in the trunk with the ammo up front.

 

[Dale Alan]

I carry my rifle in the back seat of the truck in a case , ammo up front in a range bag . I travel our border with Canada to go to my favorite range . I have been checked at road blocks and random stops without a single problem , They just want to see an unloaded weapon and ammo where it is not in the rifle bag . This is from ,local sheriff, state police, border patrol ,homeland security, customs, game dept. etc. and all kinds of other law that I honestly don't know the name of .

 

[candymancan]

Your best bet is to contact the state police and ask them. Not local police as theyre generally stupid wben it comes to gun laws.. i mean state police.


Looking things up on google on all thise attorney websites is also stupid. They too dont even state the correct info. Things change alot.

For example in virginia. If i type in google how to transport guns or carry in my car.

It will say that if you put your gun in the glove box or a arm rest.. and its loaded.. Its considered concealed and if you dont have a conceal carry permit youre breaking the law.

BUT if you pjysically go to virginias website and read the laws. IT actually says that if you open carry a handgun in a car.. It can be considered concealing it due to the door blocking your hips and seat belt. So the law states you should actually put the gun in the glove box or a container. Doesnt have to be locked.. just in a closed compartment.

See how oposite these two exames are ?

Virginia website says that for carrying rifles and shotguns etc.. You dont need any permits. Just have them in a carry bag or container and unloaded. And thats it.


But MD you have to like disassemble the gun.. have it in the trunk and ammo up front.

Its really dumb. How each state has so many rules.. Gets so confusing to learn

 

[BEH]

I live in NC and will be spending some time at my brothers property. What do I need to know about transporting my rifle in my pickup truck.

 

[BEH]

I live in NC and will be spending some time at my brothers property in NYS. What do I need to know about transporting my rifle in my pickup truck.

 

[twofewscrews]

I live in NC and will be spending some time at my brothers property. What do I need to know about transporting my rifle in my pickup truck.

I personally keep my rifle, magazines, and ammo in separate locked containers in my trunk. A little overkill I'm sure but I've yet to find anything that stipulates how one legally should transport a firearm from one place to another in NY. I believe NY considers a loaded magazine a loaded firearm, even if the magazine is not in the firearm. If you have everything locked in separate containers you'll be fine. If you have no ammo even better =)

 

[BEH]

I personally keep my rifle, magazines, and ammo in separate locked containers in my trunk. A little overkill I'm sure but I've yet to find anything that stipulates how one legally should transport a firearm from one place to another in NY. I believe NY considers a loaded magazine a loaded firearm, even if the magazine is not in the firearm. If you have everything locked in separate containers you'll be fine. If you have no ammo even better =)

I will be bringing ammo. Can't buy any if I wanted. I guess I need to buy a lockable gun case mine is just a zippered gun sleeve. But my ammo will be in locked ammo cases and everything will be in the bed of my truck. Think that's good enough?

 

[toivo]

I'm a NYS resident. Several years ago I was coming home from the range in a pick-up truck, and I got T-boned at an intersection by a driver blowing through a yellow caution light in the rain, driving too fast with no headlights on. I had two rifles in soft cases behind the seat and ammo in a tackle box, also in the cab. Nothing was locked.

Since I had a mild head injury, I was transported to the hospital. I told the officer on the scene that I had guns in the vehicle, and he said he would secure them for me and that I could pick them up from the police station later. That's exactly what we did. At no time did they say anything about the way I was transporting them. These were town police, not state police, for what that's worth.

I don't know if this speaks more to the law or the way that it's enforced -- just sharing an actual New York experience.

 

[twofewscrews]

I will be bringing ammo. Can't buy any if I wanted. I guess I need to buy a lockable gun case mine is just a zippered gun sleeve. But my ammo will be in locked ammo cases and everything will be in the bed of my truck. Think that's good enough?

I think that should be fine but I've never had any experience with law enforcement while transporting my firearms. toivo has, as have other users who have posted here, and while I generally defer to people with more experience in these matters, I also really really don't want any kind of hassle from law enforcement.