NY, yes or jail?

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Winter Borne

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I have a legal question Mods, if this is the wrong place please move it.

I have to travel to Calverton, NY later this month on business. I should mention that I am from NY and went to college in Long Island so I know there is a great shooting range in Calverton.

Here's my question: Am I breaking any NY laws if I bring my Virginia purchased Bushmaster with me to shoot seeing as NY still has an active AWB.

How about my AK which I bought in NY prior to 1994? It was a legal to own pre ban when I lived there, but I am in VA now, is it still a NY pre-ban AW?

Would each post NY AWB 30 round mag be a felony? If so, this is nuts. I am a law abiding citizen in NY, but if I drive 300 miles north I'm a felon??? Please tell my I am wrong!

Thanks in advance fo your wisdom.

mk
 
You are now a Virginia resident?If so
you cannot legally bring into New York any firearms other than a through journey under FOPA(1986).
TMK,IANAL.
 
That's not true. You can't bring handguns into NY because we have a handgun registry.

As far as your bushy, the Gander Mountain in Syracuse sells bushies, just make sure it's AWB compliant for the number of evil features it has.
 
As far as your bushy, the Gander Mountain in Syracuse sells bushies, just make sure it's AWB compliant for the number of evil features it has.

Does this mean he can legally bring his Bushmaster from VA into NY to shoot at the range and then transport it back to VA?
You are a NY resident,I'm sure you are on top of the details.
 
Yeah, so long as it doesn't have 3 evil features.

There is not long gun registry in NYS, only handguns, so coming into the state with it would not be a problem, as long as it is AWB-compliant
 
There is not long gun registry in NYS, only handguns, so coming into the state with it would not be a problem, as long as it is AWB-compliant

So you are saying the through journey rule(FOPA) only applies to handguns in New York State and not to long guns that are compliant?
I ask because I have to traverse NY every summer to get to my vacation cabin in Vermont.
 
No, I am sure it applies to long guns as well.

You just don't need FOPA when transporting a long gun through NY because you aren't breaking any NY laws by bringing it in.
 
Can I bring a pre-94 ban AR and pre-94 ban mags into the state for a weekend of fun and loud relaxation?

Also, does anyone now about handguns brought in for competitions (IDPA, etc) ?
 
Can I bring a pre-94 ban AR and pre-94 ban mags into the state for a weekend of fun and loud relaxation?
45Badger,CNYCacher seems to be completely correct.
A traveler can transport standard rifles and shotguns into NYS without a license as long as they are unloaded and secured in commercial gun cases.Your pre ban AR is fine.Pre ban in NYS is a rifle lawfully possessed and manufactured before Sept. 13,1994.NYC you must pass through within 24 hours.That is the only exception for NYS.IDPA info ,others may be able to assist.
Thank you CNYCacher.
 
For matters as potentially fraught with legal consequences as this, I would never go by what anyone says here. Call NY State AG office and get clarification to your complete satisfaction.

K
 
Proper Storage would be a metal or hard plastic case with lock. Soft sided, non rigid cases are "improper cases for storage" and will get you in trouble. Wally-world, hard plastic, cheap-o padlock or a cheap un-used cable lock. Make sure the ammunition is either locked in the glove box or in a locking hard sided case as well.

Here's a Big thing in NY, make sure whatever magazines you have are UNLOADED. There's a provision in the books that states "loaded in rifle or Magazine" meaning a loaded mag will get you in the same amount a trouble carrying a loaded firearm in the car will.

AFAIK the magazines must be 10 rounds or less, don't know if the NY version of the AWB has a provision for pre-ban mags like the Fed one did. Go by the way of the Fed AWB for a general guideline.

IANAL all that other fun stuff
 
The NYS ban is an exact mirror of the federal ban. Basically, anything that could be had under the federal ban can be had in NYS. So a pre-ban gun is OK. 30 round mags are OK, so long as they are pre-ban. I researched this EXTENSIVELY because I was looking to move back to NYS for graduate work. NYS is basically a time machine back to 1995 as far as firearms laws are concerned.

The one exception is that you CANNOT bring a pistol with you. All pistols must be registered to NYS and the only way to do that is with a valid NYS DL.
 
Handguns OK for comptetions and NRA gun shows

You can bring in handguns for competitions and NRA gun shows. You have to meet the case requirements (locked, unloaded in opaque containers), you have to have a program, schedule, entry form, something like that for the competition. And you've only got 48 hours prior to or after the event to get out of the Socialist Republic of New York, and, if your home state issues a handgun license, you have to have that as well. This does NOT apply to optional concealed carry permits.

13. Possession of pistols and revolvers by a person who is a
nonresident of this state while attending or traveling to or from, an
organized competitive pistol match or league competition under auspices
of, or approved by, the National Rifle Association and in which he is a
competitor, within forty-eight hours of such event or by a person who is
a non-resident of the state while attending or traveling to or from an
organized match sanctioned by the International Handgun Metallic
Silhouette Association and in which he is a competitor, within
forty-eight hours of such event, provided that he has not been
previously convicted of a felony or a crime which, if committed in New
York, would constitute a felony, and further provided that the pistols
or revolvers are transported unloaded in a locked opaque container
together with a copy of the match program, match schedule or match
registration card. Such documentation shall constitute prima facie
evidence of exemption, providing that such person also has in his
possession a pistol license or firearms registration card issued in
accordance with the laws of his place of residence. For purposes of this
subdivision, a person licensed in a jurisdiction which does not
authorize such license by a person who has been previously convicted of
a felony shall be presumed to have no prior conviction. The
superintendent of state police shall annually review the laws of
jurisdictions within the United States and Canada with respect to the
applicable requirements for licensing or registration of firearms and
shall publish a list of those jurisdictions which prohibit possession of
a firearm by a person previously convicted of a felony or crimes which
if committed in New York state would constitute a felony.
13-a. Except in cities not wholly contained within a single county of
the state, possession of pistols and revolvers by a person who is a
nonresident of this state while attending or traveling to or from, an
organized convention or exhibition for the display of or education about
firearms, which is conducted under auspices of, or approved by, the
National Rifle Association and in which he is a registered participant,
within forty-eight hours of such event, provided that he has not been
previously convicted of a felony or a crime which, if committed in New
York, would constitute a felony, and further provided that the pistols
or revolvers are transported unloaded in a locked opaque container
together with a copy of the convention or exhibition program, convention
or exhibition schedule or convention or exhibition registration card.
Such documentation shall constitute prima facie evidence of exemption,
providing that such person also has in his possession a pistol license
or firearms registration card issued in accordance with the laws of his
place of residence. For purposes of this paragraph, a person licensed in
a jurisdiction which does not authorize such license by a person who has
been previously convicted of a felony shall be presumed to have no prior
conviction. The superintendent of state police shall annually review the
laws of jurisdictions within the United States and Canada with respect
to the applicable requirements for licensing or registration of firearms
and shall publish a list of those jurisdictions which prohibit
possession of a firearm by a person previously convicted of a felony or
crimes which if committed in New York state would constitute a felony.
 
I was wondering the same thing regarding my pistols and my M-4. In researching if there would be any problem with leaving them at my In-Laws' house in NY I found out that NO I can't bring my "assault rifle" or pistols into NY even as a non-resident. Hunting rifles and shotguns are OK. Here are the exact wordings.

A non-resident citizen may possess a rifle or shotgun in New York, as long as it is unloaded while being transported. No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. New York does not issue licenses to non-residents nor does it recognize licenses issued by other states. (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.) A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container. An alien may possess a rifle or shotgun for use while hunting provided he has a valid New York hunting license. "If such (handgun) license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant." Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container.

It shall be unlawful to possess any "assault weapon" or a "large capacity ammunition feeding device". So called "assault weapons" lawfully possessed prior to September 14, 1994 and "large capacity ammunition feeding devices" manufactured prior to such date are grandfathered. A license shall not be issued for a handgun defined as an "assault weapon." Any person lawfully in possession of a firearm, rifle or shotgun who suffers the loss or theft of said weapon shall within twenty-four hours of the discovery of the loss or theft report the facts and circumstances of the loss or theft to a police department or sheriff's office. It is a crime to possess any rifle, shotgun or handgun in or upon the building or grounds of any school, college or university in the state without the written permission of the institution. It is a crime to possess a fake or imitation handgun with intent to use it unlawfully. It is a crime to intentionally point any firearm toward another person (except in self defense), even if no malice is involved. It is a crime to deface or alter the serial number or any other distinguishing number or identification mark on any handgun. Possession of any handgun that has been defaced creates a legal presumption that the possessor committed the offense. The presence of a firearm in a vehicle is presumptive evidence of its possession by all persons occupying the vehicle except if: the firearm is found upon the person of one of the occupants; the firearm is found in a vehicle operated for hire by a duly licensed driver, then the presumption will not apply to the driver, or the firearm found is a handgun and one of the occupants has in his possession a valid license to have and carry concealed. Note: In this digest, the word "firearm" is used in its general sense, i.e., any rifle, shotgun, or handgun. However, readers of the New York law should be aware that the term "firearm," when it appears in the text of the statutes, has a special meaning, being applied only to handguns and other firearms "of a size which may be concealed upon the person."
 
The NYS ban is an exact mirror of the federal ban.
NO IT IS NOT.

It is very closely modeled thereafter, but NY lawmakers just couldn't help but re-word it themselves. For most practical purposes & interpretations it is the same, BUT it is NOT exactly the same. There are some differences which, if stepped in to the awareness of a clever prosecutor, could cause some _very_ big problems - issues which were not a problem in the federal ban.
 
NO IT IS NOT.

umm... it's close enough. And those guidelines are good enough as far as which long guns you can posses and which magazines are OK. NYS isn't exactly the horrible place everyone paints it to be. It's not like 20,000 cops are hiding behind trees in Durand-Eastman park, with thermal cams, waiting to follow you home and peer through your walls to see if you have a MAK-90 or Bushmaster pre-ban. More often than not, unless you commit a high-profile crime, nobody cares what you own.

I researched the hell out of this law 2 years ago when I was planning on doing grad school in Rochester. Handguns are an entirely different matter, but NYS's general AWB is close enough to the old federal one that you can follow their guidelines.
 
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