Traveling through NY state, is Fed. Peaceable Journey Law enough?

[Jim K]

Hi, Spreadfire,

You wrote: Just to make the new yawk liberals mad im going to carry cuz im one of the very chosen few who can carry there......besides, ive never been to NYC but i suspect it has a high crime rate!"

Could you explain how you can legally carry in NY state and NYC? Not even off-duty police officers from outside the city, can carry in NYC, so I am curious how you got to be one of the "chosen few."

Jim
__________________

Spreadfire Arms
Austin, TX

 

[JLStorm]

The subject at hand is driving through NY with a handgun in the trunk, not driving into NY and attempting to check a handgun as luggage.

The law makes no distinction between the two, it is all covered under 926A. Which is not recognised in NY or NJ depending on where you go.

 

[JLStorm]

If it were me, I'd respond with "If you can't, then who can?" Even if you don't get any useful information, you might at least irritate a few mindless bureaucrats.

I am just waiting on all the responses before I send out my next letter, dont you worry, I plan on stating to both NJ and NY that I cannot consult a lawyer as they had suggested because the state refuses to follow federal law. Since the state is now violating the law an attorney would not be able to help me. I will also state that I am not asking for legal advice, as their stances on 926A have nothing to do with legailty as they are blatently violating this section of chapter 44 of section 18. I will ask their stance again since an official legal opinion would not be valid in their state, since again, they choose to ignore federal law :banghead:

 

[Spreadfire Arms]

HR 218:

http://www.leaa.org/218/218text.html

H.R.218: The Law Enforcement Officers Safety Act of 2004
(Enrolled as Agreed to or Passed by Both House and Senate)

One Hundred Eighth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

An Act

To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.



SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.



SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--

`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;

`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(7) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is--

`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) a destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.



Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

 

[gunsmith]

Jim where ya been?

Could you explain how you can legally carry in NY state and NYC? Not even off-duty police officers from outside the city, can carry in NYC, so I am curious how you got to be one of the "chosen few."

HR 218 fixed that ages ago, however when my brother travels thru NJ
he has to unload his hollow points and switch to FMJ

it's amazing what the people there have to put up with

 

[JLStorm]

yes only FMJ so that he can over penatrate and make sure to hit the guy behind the BG when shooting! NJ keeping its people safe once again!!! :banghead:

 

[wdlsguy]

Maybe we should start another thread to discuss the driving to an airport in NY / NJ issue, so we don't hijack this thread.

 

[JLStorm]

no airport travel has been so widely discussed its almost pointless, the reason I mentioned my experiences is was becaused it is all covered under 926A which is the law NJ and NY are in court over. It was just a warning that I had dont a lot of research and its not worth risking IMO because of the blatent disregard of the law. The reason the people are arrested in the airport is the same reason the poster would run into trouble which is unlawfull possession due to 926A not being recognised.

 

[Aguila Blanca]

Several people have inadvertently brought the airport thing into this thread already, by mentioning the lawsuits now pending against NY and NJ. As was correctly pointed out by another poster early in the thread, NJ actually incorporates the Federal FOPA peaceable journey provisions into state law, so driving through NJ with firearms in accordance with the FOPA is not a problem.

The agency being sued for arrests at Newark Airport and the NY airports is the Port Authority of NY/NJ. It is the Port Authority cops who think that they are above having to observe federal law. These lawsuits do not pertain to the discussion of driving through either state.