Transporting handguns through NYS

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RavenVT100

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New York State- If I have an unloaded handgun locked in the trunk with ammunition in a seperate, locked container, will FOPA protect me if I am traveling from one state through New York State into another state? Thanks.
 
In theory it should,as long as you don't stop in NY for anything. In practice, if you are pulled over by a NYS trooper, and admit to having a handgun, you will very likely be cuffed and very possibly arrested. NYS law says no possession of a handgun without a NY pistol permit. Most NYS cops probably have no idea about the existence of FOPA,as I don't believe they are ever taught about it. The sole exception for handgun possession by out of staters in NYS law doesn't apply to you.
 
If you are truly traveling THROUGH New York State, this is exactly what the FOPA is designed to protect. It might be a good idea to print out and carry with you a couple of copies of the actual FOPA, from a legal web site, not from a 2nd Amendment web site that paraphrases it.

Remember that in order for FOPA to apply you must be legally entitled to possess the gun in the state where the trip begins, and in the state of destination. And "through" apparently means "through." If you stop to eat at Mickey D's along the highway, that's in the normal course of travel. If you get off the highway and drive 50 miles north to have lunch with Uncle Joe while you're in the area ... that's starting to look more like going TO New York rather than just "through" New York.

And, as noted, stay clear of NYC. Wherever you are going from and wherever you are going to, there are routes available that will avoid the City, but they may be a bit out of the direct route.
 
The sole exception for handgun possession by out of staters in NYS law doesn't apply to you.
It might, since I would be traveling to a training course run by NRA instructor(s).

I have no desire to stop in New York state for any reason.
And, as noted, stay clear of NYC. Wherever you are going from and wherever you are going to, there are routes available that will avoid the City, but they may be a bit out of the direct route.
The whole point of traveling through NYS under FOPA would be to avoid Teddy Kennedyland :uhoh:. I am thoroughly uninterested in testing the state of Massachusetts' respect for Federal Law. I'm traveling to the Vermont/NH area.

I've consulted with several legal resources including my firearms law and travel book. Looks like it's perfectly legal as long as no stops are made.
 
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NY state law says no possession of a handgun without a NY pistol permit.

Federal law says you are good to go if traveling thru the state.

Suggestion: carry bail money and the name of a good lawyer.
 
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