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Old November 24, 2011, 08:55 AM   #1
WANT A LCR 22LR
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Traveling with gun to Western NY state?

I may be traveling to and from ( same day ) Western NY and need to know some NY hand gun laws.

From what I recall there is some sort of free passage law ( federal ? ) that allows a person legal in their home state to travel to from through a restricted state. Does that apply to NY?

The other thing is that I may be traveling by air, one way to NY. I know I can't bring gun as carry on. I'm guessing it could go checked baggage ( if the airline is informed it is a gun I guess ) , but I don't plan on having any checked baggage. Is there still a way to check a gun as a package? Anyting else I should know?

I have a CC permit in my state it that helps matters.

I've got to many things to coordinate at the moment so any help from someone in NE / familiar with NY laws would be appreciated.

Thanks
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Old November 24, 2011, 10:13 AM   #2
mikejonestkd
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A non resident can not possess a handgun in NYS for any reason other than for sanctioned competitions ( GSSF, NRA...collegiate ). They do not care if you have a permit for your home state, and they do not honor any other state's permit. Non residents can not apply for a NYS permit either.

In plain english: Don't bring it into NYS, its a felony if your destination is NYS.

The transport law only applies if you are just driving straight through NYS to a state where you can legally possess the handgun, which is not your situation.

Solution: If you simply MUST have a firearm on you at all times: Put an unloaded shotgun in a case in your trunk, and bring ammo in a separate container.
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Old November 24, 2011, 01:19 PM   #3
Aguila Blanca
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Quote:
From what I recall there is some sort of free passage law ( federal ? ) that allows a person legal in their home state to travel to from through a restricted state. Does that apply to NY?
The Firearms Owners Protection Act, a.k.a. FOPA. Yes it applies to New York (although many NY LEOs don't seem to think so), but the premise of the FOPA is that you are allowed to transport (not carry) a firearm through intervening states where you might not otherwise be legal IF you are legal in the state where the journey begins AND in the state where the journey ends. Since you may not legally possess a handgun in NY unless you are a resident (with some very strict exceptions such as participating in a sanctioned competition), the FOPA does not allow you to take your handgun to NY for a visit.

Don't do it. Don't even think about it.
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Old November 24, 2011, 02:03 PM   #4
hermannr
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It is pitiful, but true I can pack a pistol (assuming I drive around IL) from WA to PA, but when I hit the NYS line, I can no longer even "possess" that very same pistol. (It originally came out of NY, and was even licensed to carry in NYC. Gift from FIL)

HR822 will be the greatest thing since sliced bread if it makes it though. I will even be able to visit my wife's family again.

Bottom line is: If you do not live in NY and have not jumped through their hoops, until HR822 (or something like it) passes, leave your handgun home. Not worth the risk.
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Old November 25, 2011, 01:36 PM   #5
WANT A LCR 22LR
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Thanks for the replies. Looks like I will have to leave home without it to avoid troubles as my time line will be tight and I won't have time to deal with issues. ( and given I'd likely be going to NY by air, I'd have no wiggle room. )

The rules do bring up the question as to what is considered a journey. I would be flying in and driving out back the way I came within a hour so I really don't have a end of trip in NY.

If passing through the state is considered legal, what about flying in from the South East then continuing West to the nearest state? One of the flights I'm looking at has me coming in from the SE. This would be technically considered passing through NY state as my entry and exit are not the same.

Thanks
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Old November 25, 2011, 02:35 PM   #6
Stressfire
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Do you really want the attention that comes with "technicalities"?

Technically, if flying, you would be flying over NYS instead of through it - still not legal.

Went up to SW NYS with my g/f and mom to do some flea-marketing, not too far in, but just a couple miles over the border w/ PA. Could I have gotten away with taking my weapon with me either on my person or in the car? Actually, yeah, i probably could have - didn't see one cop the whole way. Would the penalty be worth it? Nope, not a chance. Took my usual knife and baton and went on my merry.
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Old November 25, 2011, 07:00 PM   #7
WANT A LCR 22LR
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From your post

Do you really want the attention that comes with "technicalities"?


From my post above:

" Looks like I will have to leave home without it to avoid troubles "

I was asking what constitutes a trip / journey because it seems to mean a person could not stop at a motel if they were driving across the state.

Does anyone know the history of the NY State law? Was this something that was needed in NY City but could only brought into law if it was applied state wide? Has it been effective in eliminating / reducing crime?

I'd rather see laws that make using a gun in the commission of a crime carry stricter penalties than a law that mostly affects those not committing a crime.
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Old November 25, 2011, 07:22 PM   #8
Aguila Blanca
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Quote:
Originally Posted by Want a LCR 22LR
The rules do bring up the question as to what is considered a journey. I would be flying in and driving out back the way I came within a hour so I really don't have a end of trip in NY.
How badly do you want to become a felon?

"Passing through in the course of normal travel" does NOT include sightseeing at specific destinations, it does not include visiting friends or members of the family, and it does not include transacting business. It involves ... traveling.

You posted that you are going TO New York state. To go there and leave the same day suggests that you have something to do while there. Don't try too hard to play sea lawyer -- the law says what the law says. It was enacted to protect travelers while en route from one state to another state. That does not fit your situation. Regardless of how long you'll be stopping in New York, you ARE going "TO" New York, and that's where your inbound journey will end. That's also where your return journey will commence.

Your question about a motel has been discussed at length, and there is no consensus. I would like to think that a reasonable LEO or judge might take the view that no normal human being can drive non-stop from Maine to San Diego, so stopping to catch 40 winks in a motel at a highway interchange should be allowed as part of normal travel. So should stopping to buy gas, eat, and pee. However, there are some who claim that the FOPA would allow none of these activities, even when driving coast-to-coast.

Where we all agree is when you leave the Interstate and detour 100 miles and two hours north to spend an afternoon visiting your great Aunt Mildred, whom you haven't seen in 25 years. It is pretty much universally agreed that Aunt Millie's house is a destination, constituting the end of one "journey" and the start of a new "journey." If you're legal in Aunt Millie's state, no problem. If you're not -- oops.

Last edited by Aguila Blanca; November 25, 2011 at 07:29 PM.
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Old November 25, 2011, 08:56 PM   #9
hermannr
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LCR, let me give you a couple clues. Unlike WA, NY does have randem stops for drivers license, sobriety, etc checks. If found, They will charge you with a felony offence of being in possession of an unlicensed pistol, they will put you in jail, (even if you are properly transporting under federal law and can have the charges dropped later) It is just a matter of NY politics...

My advice to you, if you are not in LE, and maybe even if you are...leave it at home, it is not worth the hassle....and the odds are NOT with you.
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Old November 26, 2011, 02:41 AM   #10
youngunz4life
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Hermannr, despite the obvious concerns - forgive me - can you have the weapon in said vehicle if TRAVELLING from WA to PA and thru IL and NY via federal law? I think I know the answer so forgive me again...lol...but I hear Horror stories. Your going to a funeral, can you carry your firearm(completely secured) thru these states? Is that the same as moving 'for good' lets say from WA to PA?
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Old November 26, 2011, 09:01 AM   #11
WANT A LCR 22LR
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"" How badly do you want to become a felon? ""

Does anyone have any reading comprehension or read past the first few posts? Based on some of the replies I don't think so. As in my 2nd post I said " I WOULD BE LEAVING HOME WITHOUT IT "


Another part of the same post says:

" "Passing through in the course of normal travel" does NOT include sightseeing at specific destinations, it does not include visiting friends or members of the family, and it does not include transacting business. It involves ... traveling. " "


My travel consists of flying in from the SE and driving a car out towards the SW. I will be traveling " through " NY with only a change of transportation mode. ( As in off the plane and into a car )

Now, the part of a post below does make sense and is probably the key to what constitutes travel through a state. Since I will be entering from the SE of one state and exiting NY to the other end of the same state, that would disqualify my movement as traveling through NY as it would be more of a loop.

"" It was enacted to protect travelers while en route from one state to another state. ""



I like to know who things work, that is why I'm asking questions.

Last edited by WANT A LCR 22LR; November 26, 2011 at 09:09 AM.
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Old November 26, 2011, 09:59 AM   #12
Aguila Blanca
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Quote:
Originally Posted by LCR
My travel consists of flying in from the SE and driving a car out towards the SW. I will be traveling " through " NY with only a change of transportation mode. ( As in off the plane and into a car )
Will this be a rental car that is to be used only in the furtherance of reaching a destination outside of NY state, or are you flying to NY for the purpose of purchasing the vehicle and driving it home?

If the former, IMHO you should be covered by the FOPA (although NY LEOs don't seem to agree). If the latter, you are traveling TO New York for the purpose of transacting a purchase, which is a very different matter.
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Old November 27, 2011, 07:26 AM   #13
WANT A LCR 22LR
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I'll pick what is behind door # 3. Before I get on a plane,the car will be registered to me, there will be a folder and a small reel to reel tape recorder on the seat giving me further instructions. ( This tape will self destruct in 3 seconds,SSSSssss)

Given it is a long drive back and NY exit point, staying in Ohio 1/2 way through would be a option. So I would be traveling from one state through NY to a third state ( I've already decided bring a gun to NY isn't worth the hassle )
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