Travel "through" NY State (and IL)

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Mayvik

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I will be traveling "through" NY State as the second leg of a cross-country-ish trip and would prefer to have a handgun available to me for as much of this trip as is legally possible. Itinerary is as follows:
- Leaving CO and flying to TX
- Fly into NYS (not the NYC area) from TX
- Spending night in NYS with family, then picking up a vehicle and driving back toward CO
- Expected stops in OH/IN and MO/KS

I have CCW permits from my home state as well as FL, so aside from NY and IL I appear to be covered. I could potentially skirt the bottom of IL and head through the KY/MO border instead, but as I have no plans on stopping in the state I assumed I would disarm and lock up on the border and do the opposite on the other side. Sticky wicket seems to be the overnight stay in NYS - does this constitute a "destination" under FOPA (and/or will NY jackbooted thugs care..)? Obvious easy answer is drive the speed limit and don't do anything stupid that will get my vehicle searched if stopped, however I would rather not risk becoming a test case. Thoughts (and preferably supporting law)?
 
NY will confiscate your handgun if it passes through their airports w/o a permit...a short stay is sadly not considered traveling if I remember correctly
 
I agree with Cowboy. I wouldn't risk flying in to NY like that. I was flying out of NYC once with my bow for an elk hunt and the idiot at the counter freaked out when i opened my bow case to show him. He called the airport police over. I think he literally didn't know what it was. Fortunately they did!
 
You may well be arrested the moment you attempt to retrieve your bag in a New York state airport if it has a declared handgun in it and you do not possess a New York State handgun permit.

Remember the Mark Meckler case?
 
For further consumption...I have had a NY State permit in the past, and indeed still possess it however I do not have a valid residence in the state. Obviously would not hold up to any detailed checks, but would give me something to flash...


(not in any way saying I would do this)
 
Mayvik said:
For further consumption...I have had a NY State permit in the past, and indeed still possess it however I do not have a valid residence in the state. Obviously would not hold up to any detailed checks, but would give me something to flash...


(not in any way saying I would do this)
Click to expand...
It wouldn't help, and "flashing" it would likely result in more trouble, rather than avoiding trouble in the first place.

If you have to fly in to New York, and have to stay overnight in New York, leave the gun at home unless you want to end up being another test case.
 
Mayvik said:
For further consumption...I have had a NY State permit in the past, and indeed still possess it however I do not have a valid residence in the state. Obviously would not hold up to any detailed checks, but would give me something to flash...


(not in any way saying I would do this)
Click to expand...

You may have a piece of paper, but you don't have a valid NYS permit... you'd only be creating more charges they would use to keep you in jail even longer.

If you don't have a permit in NYS and don't fall within FOPA guidelines, they will take no mercy on you having a handgun in NY... just don't do it. Either travel unarmed or avoid NY... it's not worth the consequences.
 
Mayvik said:
For further consumption...I have had a NY State permit in the past, and indeed still possess it however I do not have a valid residence in the state. Obviously would not hold up to any detailed checks, but would give me something to flash...


(not in any way saying I would do this)
Click to expand...
I have been reading up on NY and NYC laws for awhile. I believe if a person moves out of the state they must turn in their NY State permit. If they do not, they could be fined. Which may or may not create problems when trying to get a carry permit in another state.

Here is the thread, one person insists that you must notify the county within 10 days. If you don't it is revoked. Another says it is a misdemeanor not to inform and send back the permit. A misdemeanor while not a serious charge could pose some issues when going for a background check..or it may not.

Whatever the case, just be aware that there could be issues by not surrendering the NY permit after moving out of state and please check the law yourself....

http://www.nyfirearms.com/forums/laws-politics/22626-moving-away-ny-state-need-help.html


As far as traveling under the situation you described, leave the gun at home...its not worth the risk of jail time, fines, a criminal record and a possible permanent loss of gun rights....
 
You would be in the possession of an un-registered handgun in NY... that is extremely not OK, and they don't honor any outside carry etc.

So much as stopping for fuel/lunch even with your firearm locked in your trunk is considered risky... and that's just heading thru NY to other destination.

You are definitely risking a lot, and the TSA will likely be on you, if they even let you get on at Texas. Once you take possession of that luggage in the airport, it will likely be "game over" if you get that far.
 
Listening to Tom Gresham's Guntalk radio show this weekend, he had on Representative Morgan Griffith (R-VA), who introduced H.R. 4269 (http://thomas.loc.gov/cgi-bin/bdque...1ylH::|/home/LegislativeData.php?n=BSS;c=112|)

This bill is to clarify the FOPA regarding interstate travel, because New York and New Jersey have been arresting anyone found with an unlicensed firearm in their possession, and forcing them to go to trial and assert the FOPA as a positive defense, rather than just letting them go on their way.

After hearing this, I will never travel through NY or NJ with a firearm, even if I am doing so completely in compliance with FOPA, until this bill is passed.
 
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OK, was hoping someone was smarter than I on here..but I guess I'll be traveling naked.

WRT to the invalid permit...doesn't really matter if I were to report address change or not, as my 10 days is long since expired (and in theory I would just be asking for a misdemeanor by changing address now). My interpretation of that law was always related to in-state moves, as my proof of residence is my DL from another state and as soon as I cease being a resident my permit ceases to become valid anyway. It's just crappy accounting on their end that they ask you to tell them...and even if I were visiting and got pulled for speeding, etc..I'm not going to be producing a CCW from when I used to be a resident...
 
What might happen if the plane had to be diverted to NYC? I have relatives living in NJ, and they just have to accept the fact that they will never meet the kids unless they travel out this way. The residents of NY & NJ voted them in, so they can vote them out. If a gun owner doesn't like it, he can vote with his feet.
 
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