Transporting a firearm in NY state.

[Axis II]

I am heading to Niagara falls in a few weeks and passing through a couple states to do so. We plan on making some stops in NY and PA. I know PA accepts an Ohio CCW but NY does not. I read on concealed carry.org or something of the sort that following federal transportation guidelines I am okay so long as the firearm is locked and unloaded but then the website said something that didn't make sense. "If you stay the night at a motel and don't have a NY license your in violation of the law and will be arrested. If the gun is unloaded and locked up or even in my room locked up how can I be in violation? I know easy way is leave it at home but we plan on visiting some remote places in PA to view Elk on the way home and one thing I hate is truck stops at night. Coming home from WV one night about midnight my mother and aunt got out to use the RR and not a single car or truck was there. All of a sudden a man appeared from the back of the building and entered the building. I immediately got out and he identified himself as a cleaning crew member. Mops and stuff in the lobby proved his story to be true but that still sticks with me.

Anyone have any insight on this?

 

[Theohazard]

Federal law allows for one to pass through an anti-gun state with a firearm. The firearm must be legal in both the origin state and the destination state, and — among other things — it must be unloaded and locked (or otherwise inaccessible).

Here’s the Wikipedia page for the Firearm Owner’ Protection Act, skip to the section on the Safe Passage Provision:
https://en.m.wikipedia.org/wiki/Firearm_Owners_Protection_Act#"Safe_passage"_provision

Here’s the law itself:
https://www.law.cornell.edu/uscode/text/18/926A

I am not a lawyer and I haven’t researched this subject in detail, but if you have a sightseeing destination in NY state (Niagara Falls), then this law probably wouldn’t apply and you’d be subject to NY laws. And, as far as I know, you can’t possess a handgun in the state of NY without a NY state pistol permit, so bringing a handgun is probably out. But someone more familiar with NY gun laws should probably chime in here.

 

[Paladin7]

Yes, I'm painfully aware of the problem, and fortunately for me, just moved out of NY. If you are not a NY State resident pistol license holder, you may drive through the state, provided your pistol is in a locked container and separated from the ammunition. You may NOT stop and stay over in NY for anything longer than getting gas or some food. Be aware that in NY State, you may not even touch a handgun if you do not have a valid NY State Pistol License. As to long guns, you may transport them and I believe you can have them with a valid NYS hunting license.

Hope this helps. My recommendation is to spend your vacation dollars in a State that respects your Constitutional Rights.

 

[Axis II]

Yes, I'm painfully aware of the problem, and fortunately for me, just moved out of NY. If you are not a NY State resident pistol license holder, you may drive through the state, provided your pistol is in a locked container and separated from the ammunition. You may NOT stop and stay over in NY for anything longer than getting gas or some food. Be aware that in NY State, you may not even touch a handgun if you do not have a valid NY State Pistol License. As to long guns, you may transport them and I believe you can have them with a valid NYS hunting license.

Hope this helps. My recommendation is to spend your vacation dollars in a State that respects your Constitutional Rights.

That's the way I read it. I would love to spend my $ elsewhere but I have never been to Niagara falls and the girlfriend requested we go. We would rather do the Canadian side but neither of us have passports.

 

[Legionnaire]

Enjoy Niagara falls. Don't take a handgun.

 

[dr3d]

My recommendation is to spend your vacation dollars in a State that respects your Constitutional Rights.

This.

 

[Grumulkin]

That's the way I read it. I would love to spend my $ elsewhere but I have never been to Niagara falls and the girlfriend requested we go. We would rather do the Canadian side but neither of us have passports.

The Canadians wouldn't let you in with a handgun.

 

[George P]

Yes, I'm painfully aware of the problem, and fortunately for me, just moved out of NY. If you are not a NY State resident pistol license holder, you may drive through the state, provided your pistol is in a locked container and separated from the ammunition. You may NOT stop and stay over in NY for anything longer than getting gas or some food. Be aware that in NY State, you may not even touch a handgun if you do not have a valid NY State Pistol License. As to long guns, you may transport them and I believe you can have them with a valid NYS hunting license.

Hope this helps. My recommendation is to spend your vacation dollars in a State that respects your Constitutional Rights.

So what do the folks do who are coming for a sanctioned pistol, 3-gun or similar competition?

 

[bearcreek]

So what do the folks do who are coming for a sanctioned pistol, 3-gun or similar competition?

I wondered that too. They have IDPA matches in NY and out of state people compete so there has to be some way to do it. https://www.idpa.com/matches/new-york-state-idpa-championship-match-tier-2/

 

[bearcreek]

NY Penal law 265.20 (a) (13) says this, "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."

That covers the competition question that George P. and I were asking about but makes no provision for someone not competing in a match put on by one of two specific organizations.

 

[George P]

NY Penal law 265.20 (a) (13) says this, "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."

That covers the competition question that George P. and I were asking about but makes no provision for someone not competing in a match put on by one of two specific organizations.

Exactly, I shoot sporting clays so I would be bringing in my shotgun (which I know a LOT of folks already do), but where is their protection if some NY agency decides it needs some more revenue in the way of fines?

 

[bearcreek]

Exactly, I shoot sporting clays so I would be bringing in my shotgun (which I know a LOT of folks already do), but where is their protection if some NY agency decides it needs some more revenue in the way of fines?

At a certain level, there isn't any protection. Even if someone is legally transporting a firearm through a state under FOPA that's no guarantee that they won't get hassled and arrested for it. That sort of thing has been the nature of authoritarian regimes since the dawn of government.

 

[Axis II]

The Canadians wouldn't let you in with a handgun.

I know that but we plan on visiting some remote spots of PA and NY. Just don’t like being in the middle of no where I don’t know unarmed. When we do Canada it will be only Canada and it will stay at home.

 

[herrwalther]

Easiest way to transport a firearm through NY? Don't. I visited the state back in July, and I couldn't even take pepper spray with me. As any spray in NY has to be bought from a vendor in the state, not brought in. Section §265.20 of NY Penal code.

 

[GAF]

I have relatives in New York state. One of my uncles is a retired cop.
If it was me I would just leave the gun at home.

 

[Speedo66]

Federal law says you can pass through with legal handguns, you're not passing through, you're stopping and visiting. Leave the handgun home.

Canada, unless you're going hunting there with proof, I believe they won't even let you bring a long gun in. At least that's what I was told at the border.

Enjoy the trip, odds are you'll actually survive a few days without a gun.

 

[Axis II]

I don't mind not carrying a firearm but visiting places I am not familiar with, 8hrs of travel, visiting remote places of upstate PA to visit a few parks I would like to have something to protect myself. I actually feel somewhat safer walking through a large city downtown then on some back road in the middle of no where. Looks like I have to leave it at home. Probably the last time I visit the state of NY.

 

[Scooter22]

I've lived in upstate NY all my life and pretty much stay up on the laws. AFAIK rifles and shotguns are ok. They have to be unloaded, locked and cased and preferably in the "cargo" are of the vehicle and the ammo stored separate. (not in the case with the gun). "Assault weapons" or guns with thier features are a no no. Look at the definition of one in the SAFE Act regs. Its online. I don't know anything about handguns. Also New York City and surrounding boroughs are off limits.

 

[George P]

I don't mind not carrying a firearm but visiting places I am not familiar with, 8hrs of travel, visiting remote places of upstate PA to visit a few parks I would like to have something to protect myself. I actually feel somewhat safer walking through a large city downtown then on some back road in the middle of no where. Looks like I have to leave it at home. Probably the last time I visit the state of NY.

You could always let them know that, but because you are talking about a gun thing, they won't care if you never set foot there again. With their taxes and antigun attitude, I do not get why Remington, Turnbull and others remain there. Yes upstate is a beautiful place, especially this time of year, but one can always visit to get a leaf peep fix and then go home.

 

[BSA1]

Even if you do not have a firearm in your vehicle do NOT consent to have your vehicle searched under ANY circumstances.

 

[George Dickel]

Even if you do not have a firearm in your vehicle do NOT consent to have your vehicle searched under ANY circumstances.

Any competent attorney will tell that also, never, ever consent to a search. Make them get a search warrant. I bought a used Mustang a number of years ago and after owning it for a couple months I decided to remove the seats and do a thorough cleaning of the interior. Under the back seat was a marijuana joint, had been there for quite a while. I don't remember which state, I think it is New Jersey, bans hollow point ammo. A couple time while cleaning my vehicle I've found a single round of hollow point ammo that was inadvertently dropped inside.

 

[George Dickel]

In the past I made numerous trips to my home state and had to pass through Illinois to get there. Illinois doesn't recognize my carry permit. I try to fill up on gas before entering the state and I don't stop until I've left the state. I refuse to spend money in a state that doesn't respect the right to defend myself.

 

[F-111 John]

In the past I made numerous trips to my home state and had to pass through Illinois to get there. Illinois doesn't recognize my carry permit. I try to fill up on gas before entering the state and I don't stop until I've left the state. I refuse to spend money in a state that doesn't respect the right to defend myself.​

Illinois has eased up a bit on out of state CPL holders traveling through their state. You can carry your firearm loaded as long as you and it remain in the car. The only exception is to walk to the trunk of your car to secure the firearm.

Citation: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3497&ChapterID=39 430 ILCS 66/40 (e)

However, there have been NRA ILA warnings that New York State, and especially New York City, and New Jersey treat the Firearm Owners Protection Act as an affirmative defense, which means you will be arrested, hauled into court, then allowed to invoke FOPA as a defense to possession of an unlicensed firearm.

Example: https://www.nraila.org/articles/201...terstate-transport-of-firearms-for-lawful-use

I wouldn't transport through NY because of that.

 

[alsaqr]

I would like to have something to protect myself.

Get a can of pepper spray.

 

[Pudge]

First, after you see the elk (a great experience in my opinion) in Benezette, you should check out Kinzua Bridge State Park neat Mt. Jewett, maybe look at the night sky at Cherry Springs State Park. See if you can stay at a hotel/motel in north central PA that would let you leave the gun in a safe while you go out to the falls, and come back to PA and pick it back up?