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Old February 17, 2009, 03:04 PM   #1
rsgraebert
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New York law question

I'm just looking for a quick reference, not something to stand up in court - hopefully someone has some insight. I've been volunteered for a trip to New York where my Ohio license to carry is good only for marking book pages and scratching off lottery tickets. Incidentally, this is also true in PA.

The question, then: In PA and/or NY, is it possible (read: safe) to transport a firearm, loaded or otherwise, in a vehicle or am I best off leaving my sidearm at home?

Thanks!
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Old February 17, 2009, 03:16 PM   #2
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It is illegal to posess or bring a handgun into NYS for the purpose of self defense unless you have a NYS pistol permit. NYS does not recognize other state's permits and as a non resident you can not get a NYS permit.

IOW: DO NOT bring a handgun into NYS.

Do you have a long gun that you can use instead? unloaded, cased and locked in a trunk would be the preferred method of transport, IMO.
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Old February 17, 2009, 03:33 PM   #3
rsgraebert
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Thank you for the info. That confirms what I've read so far. I suppose I could stick the 10/22 in the back of the car but at that point in the game it's just asking for trouble. I'll drive fast and stop for no one instead.

Thanks again!
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Old February 17, 2009, 03:36 PM   #4
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Additionally, the "Interstate Transport of Firearms" laws don't apply if you are stopping in NY (not just passing through) and even if it did a few locations such as Broome County and NYC don't give a damn about the law and would arrest/harass you anyway if they caught you.

Quote:
New York--- New York prohibits the transportation of handguns except by a resident with a license to carry.

A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a separate locked container.

Nonresident target shooters may enter or pass through New York State with handguns for purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a fully opaque container.

New York State has strict laws governing illegal possession of handguns which can result in a possible seven year jail sentence for offenders.

A special caution: New York law presumes that an individual stopped in possession of five or more handguns, without a state permit, possesses the handguns for illegal sale, thus subjecting this person to an increased sentence.

New York is the only state in the Union which prohibits the transportation of handguns without a license. Law-abiding citizens should therefore be particularly careful since they face severe consequences should they inadvertently violate the state's myriad, technical, anti-gun provisions.

New York City--- New York City requires a city permit for possession and transportation of handguns and long guns. New York State handgun permits are invalid within the city limits; however, New York State residents may transport their licensed handguns unloaded through the city if these are locked in a container and the trip is continuous. Rifles and shotguns may be kept in the city for only 24 hours while in transit and these must be unloaded and stored in a locked container or automobile trunk for the period.

New York City forbids the possession of an ``assault weapon,'' which includes various specified semi-automatic rifles and shotguns, or revolving shotgun. It is also unlawful to possess an ``ammunition feeding device'' capable of holding more than 17 rounds in a handgun, and more than 5 rounds in a rifle or shotgun.

In all cases, the general rule should be observed. The New York State law on illegal possession applies to the city as well.
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Old February 18, 2009, 03:34 PM   #5
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Also note NY has an AWB and NYC has even worse laws where the 10/22 may even be illegal!
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Old February 18, 2009, 09:01 PM   #6
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Just to add to the confusion. your OH permit is good in PA as long as your traveling in your car. Step out of the car with it concealed and your toast. However you can open carry outside of your car. I know this doesn't make sense but that is the law.
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Old February 19, 2009, 09:09 PM   #7
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Musketeer:

The Ruger 10/22 is fine as far as I know. I live in NYC and have one registered to my rifle/shotgun permit
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Old February 20, 2009, 02:19 PM   #8
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http://www.nraila.org/GunLaws/nyc.aspx
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Old February 20, 2009, 02:49 PM   #9
kayakersteve
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I would just not bring any to NYS if you are not a resident.

Definately, do not bring a handgun, but I wouldn't even bring a long gun. The laws are strict and you will have a hard time justifying why you brought any gun unless you are going to an Appleseed or something like that. A State Trooper will gladly take you to jail over this.
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Old February 20, 2009, 02:53 PM   #10
EricReynolds
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I would have to concur with that. Not that we wouldn't enjoy your company in our fair state, but I'd avoid the problems if I were you.
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Old February 21, 2009, 12:45 AM   #11
MyGunsJammed
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Kayak and reynolds,

Something I'm not quite understanding here. Outside of NYC no licensing or registration is needed for long guns... so why shouldnt a non-resident not be able to bring one with him in his car?

As for a pistol, I agree, dont bring it with you, but if you do, just dont get caught hehe...
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Old February 21, 2009, 12:20 PM   #12
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Good question, mygunsjammed

And I don't know the legal answer. Long guns may be legal for sporting use, but the preface of the OP led me to believe he would be bring a gun for self protection while visiting. I know enough people in law enforcement and I believe that if you told a local cop, sheriff or state police that you brougt it for self protection, you would have some real explaining to do. NY is not gun friendly and even residents have to jump through major hoops just to exercise our constitutional rights. I just think a non resident visiting would be looking for problems. Hope that helps.
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Old February 21, 2009, 12:44 PM   #13
EricReynolds
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Kayak is definitely correct there. NYC is also even more extreme than the rest of the already extreme state. If you have a ccw permit, it's valid through the entire state, except the boroughs. Unless you have the permission of the NYPD commisioner. A few years ago, off duty LEOs from outside NYC were not allowed to carry within the city! I know a lot of right wingers will blame Bloomberg, but it's actually been that way for a long time. The crown prince of the GOP himself, Rudy Giuliani, is actually a staunch anti. Why is it like this? I'm sorry, I don't know. Funny thing though, celebrities have a fairly easy time getting the right to carry down there. John Q. Public on the other hand, not so much. Ridiculous!
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Old February 21, 2009, 12:54 PM   #14
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^^ Thanks guys for the replies. I look on the NRA website everyday for gun news and legislative alerts and see that anti-gun NYS/NYC keeps on trying to come out with more anti-gun laws... I really need to move out of here asap
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Old February 22, 2009, 12:22 AM   #15
maestro pistolero
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It's only a matter of time before this madness will be reigned in. I have to have confidence that the courts will correct this, in time. If I'm proved wrong about this, then the second amendment is meaningless and we might just as easily shred the rest of the bill of rights.

I believe only incorporation of the 2nd amendment by the 14th against the states stands in the way of these outrageous violations of our gun rights. Either it means what it says or it doesn't. I think Heller made clear that it means what it says.

I was ridiculed back in the eighties for my unwavering confidence that, if the Supreme court ever got the chance, they would affirm an individual right. I must admit, I never thought it would be a 5-4 decision.

New York, New Jersey, California, Hawaii, and a few others are long overdue a reckoning of this nonsense.

Sorry for the rant, but this stuff boils my blood.

Don't take your pistol, but if it's legal, take a long gun. Next time I go to NY, I will have something with me, as a matter of principal. I won't break the law, but I'll eat my hat before I live in fear of law enforcement trying to enforce any non-existent laws. I'd rather make it my life's work to see egg on the face of any corrupt officials denying the rights of law abiding people like me.
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Old February 22, 2009, 03:12 AM   #16
Huey Long
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Quote:
Nonresident target shooters may enter or pass through New York State with handguns for purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a fully opaque container.
I believe that this is preempted by McClure-Volkmer and thus null and void.
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Old February 22, 2009, 04:22 AM   #17
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You are PARTIALLY correct... Federal Law protects one while traveling THROUGH NYS (stops for gas etc are OK). If your DESTINATION is NYS Federal Law dows NOT apply. However it is legal if you are going to a approved match etc. BTW I have never had a problem going through NYC with a handgun.
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Old February 22, 2009, 07:12 AM   #18
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RK...

Quote:
BTW I have never had a problem going through NYC with a handgun.
I am careful what I type on a public internet forum and think you should also be. Unless you are are a cop or have a NYC permit, that is illegal. Never know who is watching us here. Obey the law - We are a reflection of the gun community and any potentially illegal acts just make us look bad and give fuel to the anti-gun fires.
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Old February 22, 2009, 07:27 AM   #19
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I'm not a lawyer but i can't imagine that you would have

a problem in most places in NY state with an unloaded pistol locked in the trunk... That is what I did 18 months ago on a road trip up through VT, NH and ME and on the way back we stopped over in NY (state)... no where even close to NY city.
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Old February 22, 2009, 11:16 AM   #20
maestro pistolero
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Quote:
. . . on the way back we stopped over in NY (state)... no where even close to NY city.
The stop over part is where you were outside of the law. You may go directly THROUGH the state with no unnecessary stops, whatever those are. The penalty includes jail time and a felony.

I'm pretty sure if your travels necessarily took you through NYC, and, according to the law, your were legally able to have the pistol both at the origin of your journey, and at the destination, you would be technically covered by the peaceful journey act. But you would be a test case, and you would go to jail until you successfully pleaded your case.

Except for a peaceful journey directly through the state as described, you presently may not even HAVE a pistol in the state of NY without a NY state pistol permit, and you can't get a permit if you are not a resident.

As I said in my rant, I believe NY gun policy cannot survive any standard of review by the Supreme Court. If I'm wrong, the BOR is in trouble.
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Old February 22, 2009, 11:26 AM   #21
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Quote:
am I best off leaving my sidearm at home?
Leave your gun at home for god sake and enjoy life.

It's a great feeling...walking around, unarmed, breathing the fresh air and thinking how wonderful life is...not worrying about how you will tactically react to homeless bums....

This year...I went to Florida...WITHOUT A GUN...and I could legally carry there too....and...I survived!

I even went out...at NIGHT...UNARMED

It is possible you know...free thyself from the gunwoobie

WildlifeistooshorttosweatthesmallstuffAlaska TM
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Old February 22, 2009, 01:58 PM   #22
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What exactly would be the point of bringing it since it would have to be locked away in the trunk and unloaded as well?
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Old February 22, 2009, 09:24 PM   #23
maestro pistolero
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Not every urgent circumstance requires a quick draw response. By that reasoning, shotguns locked on patrol cars consoles would be useless. I was 3500 miles from home when 9/11 hit. Remember the feeling when we didn't know if the attacks were over, or just beginning? I was kicking myself for leaving home unarmed. Of course it turn out I didn't need it. But it would have been a little comforting at the time.

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Old February 23, 2009, 02:22 PM   #24
rsgraebert
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WildAlaska,

With all due respect, having a p3at in my pocket is not exactly a ball and chain experience. I don't react tactically to bums, unless smiling at them and shrugging counts. I've never even considered drawing the firearm I'm usually carrying and I'm probably a lot less alert than I should be. However, my coat doesn't hang right with a wallet in one side and nothing in the other - that's the real reason I was asking. I actually stuck a GPS in there to even things out for the trip - it's the price of having a slight OCD.

If anyone's curious, NY does kind of suck. I went with a friend to pick up a new car for her. We were stopped twice by the police on the way home even though she had a visible temp tag. They don't let you play with radar detectors OR guns, and the local wine is largely abrasive and sour. There are more tolls than drivers on 90. No bums in the western part of the state, at least.
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Old February 23, 2009, 03:14 PM   #25
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Tactics and one's opinion of various states' wine is off topic from the OP.

Has the question been asked and answered? Anything new on the specific topic? This is a hint from an old time consumer of Taylor's Lake Country Red.
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