Letter To NYC Police Commissioner

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Apr 6, 2008
To: The Honorable Raymond W. Kelly
Commissioner, New York Police Department
1 Police Plaza
New York, NY 10038

Dear Commissioner Kelly:

I am a competitive target shooter, competing with revolver, rifle, and shotgun in matches in many of the states along the east coast. Due to the high cost of air travel, I always travel in my automobile to these matches, carrying my firearms with me in my car.

During such travel, I have relied on the provisions of Title 18 United States Code, Section 926A (18 USC 926A) to ensure that my travel with these firearms does not result in any legal difficulties in states or localities along my route of travel.

18 USC 926A reads as follows:

"Notwithstanding any other provisions of any law or any rule or regulation of a state or political subdivision thereof, any person 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 and ammunition shall be in a locked container other than the glove compartment or console."

In several conversations with officers of the New York Police Department, I have been advised that the NYPD "does not recognize" the above statute, and that any person transporting firearms through the City of New York without a valid New York City permit will be subject to arrest and prosecution. One officer of your department even stated to me that "You may win on appeal, but if you get caught with a gun in New York City, you're going to jail. I don't care what the federal law says."

I realize that any journey undertaken by me that necessitates travel through New York City will result in my being in the limits of the city for only a short distance. It concerns me, however, that during the time necessary to drive the short stretch of Interstate 95 that lies within the city limits, I would be considered a criminal, and would be subject to arrest, even though my protection by federal law from such arrest is clearly stated in 18 USC 926A.

I would greatly appreciate it if you could advise me as to what is the official policy of the New York City Police Dapartment regarding the provisions of 18 USC 926A. I find it hard to believe that any law-enforcement agency with the reputation for professionalism like the NYPD could unilaterally decide that it "does not recognize" a section of federal law that clearly applies to all police agencies in the United States.

This was mailed to Commissioner Kelly on December 31, 2007. No reply has been received.

A copy of this letter, along with a cover letter requesting a reply, was sent by certified mail on January 31, 2008. It was received at the Commissioner's office and signed for on February 5, 2008. I have never received a reply.
No reply because he is probably parked on the Cross Bronx Expressway staking it out in case you drive by my Man!
Public officials in leftist cities like NYC are a bunch of arrogant bastards. They look upon the masses under their jurisdiction with contempt. At least be glad you don't live in that cesspool.

I agree with Romma he waiting for you on the
Cross Bronx Expressway, at least you took him out of circulation.


Luis Leon
Why would Comissioner Kelly, NYCPD worry about some meaningless law?? Afterall, he IS the law!

...or maybe he's reviewing the issue carefully, trying to avoid stepping on any toes as a result of the recent Heller ruling. Could be that being commissioner of one of the biggest cities in the world, he's got more important things to do than immediately answer the question of one guy who just needs to pass through the city. :rolleyes:
Raymond W. Kelly answers to a Higher Power: Michael Bloomberg.

And so, believes Mayor Bloomberg, do we all.
You have to remember anything that gets committed to paper by him can and will be used in any action, law suit etc.

Assuming you get an answer it will be vague, hedged, opaque and written in lawyerese.
I'm sure that you hit the nail on the head. Commissioner Kelly has no desire at all to admit (on paper) that (a) the actions of the NYPD are illegal, and (b) it's okay for out-of-state residents to transport firearms through NYC.
How about a million man DRIVE.

We get as many people as we can to lock up up their guns and ammo in their trunks in an adjacent State, then drive straight through NYC into another adjacent State. Publicize the hell out it in advance, and shed some light on this nonsense.
New York has no use for me, and I have no use for them or NewJersey.

I feel confident that I can live out my entire life without ever setting foot in NY or NJ again, I have been in both places including NYC numerous times in the past.

There are the other 48 states to visit.;)
just drive thru without stopping. You'll have a great chance of being stopped than having Ray Kelly return your email.
Did you send a copy to the Mayors office and the Manhattan/Bronx/Brooklyn/Staten Island/Queens district attorneys office and the cities legal office?
What was the point of that letter? Do you really expect an answer? Do you expect them to grant you explicit permission? If so, I want some of what you're smoking.

You know you're in the right. If your weapon is unloaded and cased in the trunk, you're golden. Don't ask permission -- just do it.
I live in NYC ---- HELP!!!

I am leaving in 5 years-hope to remain sane till then.

Most NYPD officers i have delt with were pleasant but there are arrogant bozo'z out there. BloomingIdiot has to go - he does not think he is god - he knows he is god!!!
new york cops will bust you, period.

you can avoid jail but not the ride.
Something needs to be done, but it aint me, babe.
Kudos to you for doing this. No I don't expect you'll get a response.

HOWEVER, you may consider copying your congressman, senator (if tolerably OK on RKBA, i.e. not Lautenberg), and the NRA-ILA. Any of them are more likely to get some useful response, or at least have this on file to show you had perfectly legal intentions, if you get stopped in NYC and they fabricate or plant evidence that you did something illegal. Also sets a good start if you end up needing to file a 42 USC s. 1983 lawsuit against NYC after being falsely arrested.
Raymond Kelly's son Greg,is a Fox News correspondent and occasional anchor.
Sending this letter to someone at Fox with commonsense and a gun friendly disposition like the wonderful(no relation)Megyn Kelly,may get some air time and bring Raymond's supreme arrogance into the light.
Hey,we can dream can't we?
NYC obeying federal law

Correct me if I'm wrong but wasn't Mayor Bloomberg the head of a bunch of people trying to make straw purchase to harass licensed gun dealers in other states. Do you really think the federal gov't will do anything about the city if NY not following other federal laws
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