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Old February 20, 2013, 07:44 PM   #1
amusante
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Looking for clarification on a New York State gun law

More specifically, I am looking for clarification on an out-of-state resident bringing a rifle/shotgun into New York State. I have a rifle purchased in CT I would like to bring to a vacation home in upstate NY with enough land to go shooting. From the below, it seems like this is illegal, but the wording seems to mostly relate to handguns.

The law in question:

"Non-residents

It is unlawful for any person to carry, possess or transport a handgun in or through the state unless he has a valid New York license. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel if the person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console).

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 locked carrying case and the ammunition is carried in a separate locked container.

Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition or IHMSA sanctioned match, within 48 hours of the 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 locked opaque container. This provision does not apply in NY cities not wholly contained within a single county or to people with felony convictions.

Possession of firearms by a person who is a nonresident of this state is lawful while attending or traveling to or from an organized convention or exhibition approved by the NRA, and in which the nonresident is a registered participant within forty-eight hours of such event, provided that the nonresident has not been previously convicted of a felony and further provided that the firearms are transported unloaded in a locked opaque container together with a copy of the convention or exhibition program, convention or exhibition schedule or convention or exhibition registration card. This provision does not apply in NY cities not wholly contained within a single county.

A non-immigrant alien may possess a rifle or shotgun for use while hunting provided he has a valid hunting license issued by New York State and an approved gun import form from the BATFE."

Thank you,
Andrew
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Old February 20, 2013, 08:38 PM   #2
Aguila Blanca
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Are you citing a law, or some web site's summary of what they think the law says? Your citation does not read like any law I have ever seen.

My understanding is that you cannot bring your firearm into New York. If you look through the cases being tracked by Al Norris, one of them is a NY case that parallels yours -- the individual lives somewhere else and owns a vacation home in New York (if I remember correctly). And some lower level NY court ruled that the NY law is based on "domicile" rather than residency (permanent or temporary) and that, therefore, his "domicile" was at his primary place of residence and he wasn't eligible for any gun rights in NY, even when "residing" in his own vacation home.
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Old February 20, 2013, 09:30 PM   #3
amusante
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That's the best explanation I can get. I can't even seem to find anything official related to their laws. I will just play it safe and avoid bringing anything into the state.
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Old February 20, 2013, 09:50 PM   #4
certified106
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Looking for clarification on a New York State gun law

The best option is to just avoid the entire state at all costs..... I personally refuse to go to New York or give them any of my vacation money.
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Old February 20, 2013, 10:54 PM   #5
Aguila Blanca
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Here it is -- Osterweil v. Barrett

http://thefiringline.com/forums/showthread.php?t=459775
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Old February 22, 2013, 08:37 AM   #6
FlyFish
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Osterweil v. Barrett concerns possession of a handgun - the OP was asking about long gun(s). The laws governing handguns and long guns are radically different in NY.

To the best of my knowledge, there is no prohibition on a non-resident bringing a long gun into NYS, provided it is unloaded when being transported. That assumes the gun is legal in NY the first place, of course, so I would not bring bring any of the "modern sporting rifles" into the state under any circumstances.

IANAL
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Old February 22, 2013, 12:45 PM   #7
terzmo
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as far as long guns...there are plenty of out of state rifle and shot gunners hunting/shooting in NY state...(the "common sense" state per cuomo) There are no restrictions except safe gun handling...unloaded..open action when transporting/storing. Handguns are another issue.
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Old February 22, 2013, 01:48 PM   #8
Musketeer
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NYC aside NY only regulates the possession of HANDGUNS for state citizens. Visitors have no right under NYS state law to possesses a handgun except for some very narrow exceptions concerning competitions.

Long guns are not a problem but understand NY's laws for assault weapons are nuts so be very careful what you bring.
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Old February 22, 2013, 02:10 PM   #9
JimPage
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You may bring your long guns to NY state. Avoid NYC however.

Your confusion is probably from the NY state's definition of "firearm" in its penal code. In the penal code it considers hand guns firearms, not long guns.

However, I wouldn't bring in a semi automatic rifle with "assault weapon" features if I were you.
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Old February 22, 2013, 02:19 PM   #10
UncleWilley
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Check out this link NY Safe Act FAQs. While the site tries to explain the new safe act, there is MUCH confusion even among LEOs as to what is and isn't legal. For example, as addressed in the Tresmond lawsuit, a common shot gun can be determined to be illegal if it could possibly hold more than 7 rounds after April 15, 2013. As special 1 3/4" rounds available for shot guns and it is possible to load almost any shotgun (pump, semi) with more than 7 rounds, such guns are technically illegal under the SAFE Act UNLESS you permanently modify such guns so they can not hold more than 7 rounds. Confusing, absolutely!! Good luck getting a DEFINITIVE answer from the NY State Police!!!!
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