bigjohnson
Member
- Joined
- Apr 6, 2008
- Messages
- 174
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.
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.
