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Transport handgun into NY for repairs?

Discussion in 'Legal' started by Olevern, May 3, 2013.

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  1. Olevern

    Olevern Member

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    I live in Pa. and want to transport a handgun to a gunsmith in NY state.
    I am told that the NY state police take a dim view of out of state residents bringing any handgun into the state for any purpose and, if discovered, I will most certainly be arrested.

    I thought there was a federal law passed allowing a legally owned weapon to be transported into or through any state for a legal purpose.

    I have also not joined a very nice range just over the border in NY for the same reason, I am told I cannot take my handguns there to shoot.

    Which is it?
     
  2. rodregier

    rodregier Member

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    The federal law only covers journeys where the firearm in question can be legally possessed by the owner at the start and end of the trip. Since you're travelling to a NY state destination, that would leave you deeply exposed to NY state law as I understand it.

    I would suggest you use an FFL if you want to deliver a firearm to a "restricted" destination state. Yes, that's a big pain :-(
     
  3. Thermactor

    Thermactor member

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    Personally I wouldn't patronize a business in a fascist state.
     
  4. Kiln

    Kiln Member

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    Major +1.

    No way I'd send any money to NY after the ridiculous laws that have passed there. Pro gun companies need to pack up and run.

    If you want to remain legal, I'd suggest never taking a gun into a state that hates gun owners as badly as NY or CA.
     
  5. herrwalther

    herrwalther Member

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    Find a new gunsmith.

    One of my former soldiers is facing serious prison time for a similar situation, transporting a firearm from VT to NJ for some custom work.
     
  6. mgkdrgn

    mgkdrgn Member

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    yes, punish the gunsmith ... that will show Cuomo!
     
  7. sota

    sota Member

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    herrwalther:
    any further information or links about that?
     
  8. Sam1911

    Sam1911 Moderator

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    You aren't traveling through NY on a journey, you're traveling TO a destination in NY. As you are not a lawful possessor of a handgun in NY state, the safe passage provision of FOPA '86 does not protect you.

    Find another gunsmith. (Hey, Garthwaite can't be far from you...)
     
  9. Midwest

    Midwest Member

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    In theory can that gunsmith legally cross the border from NY TO PA and do the gunsmith work at the customer's house in PA?

    Or can the gunsmith (I assume he is a FFL) legally go to PA pickup the gun bring it to NY to work on it. Then when he is done working on it...bring it to a local FFL in PA customer's area and then the customer can pick it up after going through a NICS check?

    Just curious on the legal aspects of it....
     
  10. MICHAEL T

    MICHAEL T Member

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    If you insist on using this person Then ship to him and he can return it to you Just make sure you include a letter as to what you want done and a return address for UPS to deliver
     
  11. Old Fuff

    Old Fuff Member

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    The Old Fuff will suggest that maybe the O.P has a good reason for sending his firearm to a NY gunsmith. They do have some good ones after all and this particular 'smith may specialize in working on whatever the gun in question is.

    That said, under no circumstances personally carry it to NY. Instead have it shipped to an FFL, which the gunsmith likely is. If not, see who he suggests. While all of this may seem costly, it is far less expensive then paying lawyers. :uhoh:
     
  12. lonehunter

    lonehunter Member

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    And you will be staying for a extended visit if caught!
     
  13. Zeke/PA

    Zeke/PA Member

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    It's complicated sure but the guy's that make the laws don't understand'em either!
     
  14. Speedo66

    Speedo66 Member

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    Right now, the way the law reads, it's illegal for police and peace officers to possess full capacity mags (over 10 rounds).

    The movie industry is livid because a lot of movies are shot in NYC, large financial impact there, and they were also not excluded.

    You think they really knew what they were doing when they passed those laws?

    Suffice it to say you do not want to personally transport a pistol into NY unless you are a continuous trip through the state, not to a destination within.

    Shipping it to an FFL will be much cheaper in the long run, and save you a possible visit to the Graybar Hotel.
     
  15. Onward Allusion

    Onward Allusion Member

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    I can't believe there isn't a decent 'smith in the Free State of PA to do the work. If you must use the guy, spend the bucks and ship it to and fro. As for joining a NY club as a PA resident, good gawd, why would you do that?
     
  16. Tom488

    Tom488 Member

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    Charged in NY, or charged in NJ? If NY, FOPA should be a defense, as long as it was carried properly. In NJ, 2C:39-6e should be a defense, as he was transporting to a place of repair, for the purposes of repair.
     
  17. herrwalther

    herrwalther Member

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    Nope. I looked through VT and NJ news for a few minutes and didn't see any stories about it. I only heard about it because (follow THIS roadmap) the mother of another soldier who served with him, sent an email to my mother who then told me.

    Charged in NJ. Don't even need to go through NY to get to NJ from VT. His main downfall was he consented to a search of his vehicle by the officer. To paraphrase from the email I got. Names omitted. Needless to say he isn't the brightest bulb in the store.

     
  18. Jim K

    Jim K Member

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    The FOPA may not be protection either. I have no personal experience, but have been told that even if the person is legally in transit and the gun is secured as the federal law requires, if police in either NJ and NY become aware of the gun, they have been ordered to arrest the driver and everyone else in the car, jail them, and "let the suits worry about it." So at least a day or more in jail and more than likely a zealous anti-gun DA will seek the maximum penalty possible, FOPA or no FOPA. Note that FOPA may be federal law but it has no means of enforcement, so no Feds are going to come to the aid of the innocent traveler. He or she might as well be held in some friendly area like North Korea or Iran instead of NJ or NY (or MD).

    Jim
     
  19. JoeShmoe

    JoeShmoe Member

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    I think a lot of people forget there's a great big beautiful state attached to that city.
     
  20. Ohio Gun Guy

    Ohio Gun Guy Member

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    I just took a trip into NY to visit a military museum with the BoyScouts, planned before all of this happened..... However, I filled up in PA on the way in, and out, and didnt buy anything while in NY!
     
  21. lobo9er

    lobo9er Member

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    Thats a Stupid statement. So you think TURNBULL MFG. or Crossman or KAHR or LASERMAX or any of the thousands pro 2nd businesses are apart of the fascist regime? So all pro 2A businesses should be boycotted or should be starved out if they are in NY or CA? Thats gonna help the pro gun movement? Whatever....

    Anyhow its illegal for any non resident in NY to possess or carry a handgun. If you are caught you would be charged with a felony. You could mail it to the gunsmith in question for repair, that would be legal.
     
  22. Thermactor

    Thermactor member

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    Long answer- Yes.
    Short answer- Yes.

    Do I make myself clear?
     
  23. Sam1911

    Sam1911 Moderator

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    Asked answered and drifting.
     
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