Pistol transport thru NY

[Dnotarianni]

Headed to PSA in Pennsylvania and want to make sure on proper transport thru NY. Also need to clarify I will be driving a pickup with a lockable bed. My thought was to use 2 ammo cans with locks, 1 with guns and 1 with ammo locked down in the back. If stopped do I have to declare or only when asked? Also can I transport unloaded Hi Caps thru NY?
Just want to make sure I don't become a resident of NY for an extended period of time

Thanks
Dave

 

[FrugalFannie]

you can transport what you legally own and possess in your place of origin and at your destination. Lockable cans separating ammo and guns is FOPA. Keep them where you can reach them while driving. I do not know if NY requires you to 'declare them' if stopped. Print out the appropriate section of FOPA and keep it with you. Also check with a NY gun group to find out if you need to declare or perhaps someone will chime in here.

 

[chopper_man]

Keep them where you can reach them while driving.

I believe this should be where you "can't" reach them when driving. A locked pickup bed IMHO qualifies as a "separate compartment".

" Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. "

http://www.law.cornell.edu/uscode/text/18/926A

 

[Len-2A Training]

Yes, OUT of reach of driver, which the lockable bed of the truck qualifies. Sounds like a good plan. Unsure of laws wrt declaring if stopped, should check NY state law for that and not rely on any of us.

Read it here:

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=SEA69+&BROWSER=BROWSER+&TOKEN=36474531+&TARGET=VIEW


Handgunlaw.us claims no need to declare, but read the above for yourself to ensure you are legal.

 

[kingfisher]

Also can I transport unloaded Hi Caps thru NY?

While the NY SAFE Act has a 7-round mag limit, a federal judge ruled that provision to be unconstitutional under the Second Amendment.

"That ruling will likely face court challenges in other courts before it’s all said and done. In the meantime, apparently the New York State Police have joined other law enforcement agencies in instructing their officers not to enforce the law..."

Source: BREAKING: New York State Police Instructed Not to Enforce SAFE Act Mag Limit

However, I believe NY (like MA) still has their own version of the AWB, so any standard capacity magazines that hold more than 10 rounds would still be illegal there if they were manufactured after September 13, 1994.

 

[drgrant]

Lock your crap up, keep it out of sight, out of mind, do a lights function check (headlights, blinkers, brake lights, license plate lights) before leaving (eliminates PC for stop). Check DL/Reg/etc and make sure all are valid and intact. Stay off any road in NY or NJj that isn't a divided highway.

If stopped DO NOT DECLARE ANYTHING. That is full retard. Hand guy DL and reg (may want to just keep these on your visor if you have a clip, that way nobody can claim furtive movements or any of that BS. ) Take your ticket say yes sir no sir etc and get on your way. Don't have LTC or any other gun permits or gun related cards externally visible in your wallet either.

-Mike

 

[snd1t]

FOPA only requires that the firearm is in a case.......that case is not required to be locked and can be hard or soft

 

[CobaltBlueSteel]

Not sure if it applies to you and I know it could be false without a .gov citation, but a couple sites say NY law presumes you're trafficking firearms while in possession of 5 or more firearms without an NY LTC. Like I said though... I can't find a .gov source for clarification. Maybe someone with better Google-fu can manage.

 

[Steven Pom]

While the NY SAFE Act has a 7-round mag limit

However, I believe NY (like MA) still has their own version of the AWB, so any standard capacity magazines that hold more than 10 rounds would still be illegal there if they were manufactured after September 13, 1994.

It's 7 in the mag. Not the capacity. I just went thru it with my father's weapons.

 

[Deleted member 12999]

Lock your crap up, keep it out of sight, out of mind, do a lights function check (headlights, blinkers, brake lights, license plate lights) before leaving (eliminates PC for stop). Check DL/Reg/etc and make sure all are valid and intact. Stay off any road in NY or NJj that isn't a divided highway.

If stopped DO NOT DECLARE ANYTHING. That is full retard. Hand guy DL and reg (may want to just keep these on your visor if you have a clip, that way nobody can claim furtive movements or any of that BS. ) Take your ticket say yes sir no sir etc and get on your way. Don't have LTC or any other gun permits or gun related cards externally visible in your wallet either.

-Mike

So much common sense in this post... I'm almost going to report it and neg rep.

 

[Rob Boudrie]

Make sure your LTC (from MA or ANY other state) is COMPLETELY non-visible from your wallet when you open it to present your driver's license. I know of a case where the NYSP trooper went into a line of "gun questioning" because he saw the edge of a CT permit when a traveler presented his driver's license at a stop. The trooper was woefully undereducated on the nuances in NY penal code 265.10-13b, and the only thing that prevented an arrest was the off duty cop passenger's LE credentials.

 

[acesneights1]

Would this also apply to an Ar15 ? I too was considering going to PA for some shooting.

 

[browncoat]

Would this also apply to an Ar15 ? I too was considering going to PA for some shooting.

Yup. Ar-15 are now "bad" in ny due to the safe act.

 

[matt9112]

Lock your crap up, keep it out of sight, out of mind, do a lights function check (headlights, blinkers, brake lights, license plate lights) before leaving (eliminates PC for stop). Check DL/Reg/etc and make sure all are valid and intact. Stay off any road in NY or NJj that isn't a divided highway.

If stopped DO NOT DECLARE ANYTHING. That is full retard. Hand guy DL and reg (may want to just keep these on your visor if you have a clip, that way nobody can claim furtive movements or any of that BS. ) Take your ticket say yes sir no sir etc and get on your way. Don't have LTC or any other gun permits or gun related cards externally visible in your wallet either.

-Mike

This...

Legally as stated before as long as the guns and ammo are transported properly you can via Federal firearms transport law carry anything through a state as long as it is legal in the state you came from (MA) and the destination (PA) however the new York state police do not recognize this and they WILL confiscate anything not legal to own in NY. Now in court They will loose and you will get all of your items back however that's a road we don't want to travel down. If your pulled over you have never seen a gun in a movIE let alone own one.

 

[kalash]

Planning a trip to MI this summer and have to drive through NY, obviously. I can legally carry in every state along the way except for NY so I've been reading up on the subject.

Lock your crap up, keep it out of sight, out of mind, do a lights function check (headlights, blinkers, brake lights, license plate lights) before leaving (eliminates PC for stop). Check DL/Reg/etc and make sure all are valid and intact. Stay off any road in NY or NJj that isn't a divided highway.

If stopped DO NOT DECLARE ANYTHING. That is full retard. Hand guy DL and reg (may want to just keep these on your visor if you have a clip, that way nobody can claim furtive movements or any of that BS. ) Take your ticket say yes sir no sir etc and get on your way. Don't have LTC or any other gun permits or gun related cards externally visible in your wallet either.

-Mike

I will follow this advice, as well as sticking to the speed limit. My unloaded Glock will be in a locked container in the trunk; ammo will be in a separate locked container. Hell, I'll even cable lock the lockboxes to the car. What about magazines though? Can I have my standard caps (15 rounds) or no? FOPA doesn't really talk about mags specifically:

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:

Provided
, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[fishgutzy]

I have read about cases where NY state troopers or DA's have ignored federal law and still tried to prosecute people passing through with firearms that are 100% legal in NH and NC. They don't care that they will lose on appeal. The goal is to simply make life miserable for 2A supporters from out of state.
Good luck. Don't speed. But don't drive the speed limit either. Driving right at the speed limit is considered suspect behavior and probable cause for a stop. Basically they screw with you any way they can.

 

[kalash]

If possible also consider your route

You can minimize your time in NY to afubout 50 miles going further south and crossing the GWB and heading due west to Pa

Pa is a relatively friendly state and you're far less likely to be pulled over on 95 during reasonably busy traffic than if you take a more rural route and are the only one on the road along with a really bored cop

Then I'd have to drive through CT, which I want to avoid. My plan is to take 90 to Albany and 87 down to 84 and then PA.

Driving right at the speed limit is considered suspect behavior and probable cause for a stop.

And here I thought that I left Russia. For f*ck's sake, how is following the law considered suspicious??

 

[kalash]

How so?

 

[xtry51]

Lock your crap up, keep it out of sight, out of mind, do a lights function check (headlights, blinkers, brake lights, license plate lights) before leaving (eliminates PC for stop). Check DL/Reg/etc and make sure all are valid and intact. Stay off any road in NY or NJj that isn't a divided highway.

If stopped DO NOT DECLARE ANYTHING. That is full retard. Hand guy DL and reg (may want to just keep these on your visor if you have a clip, that way nobody can claim furtive movements or any of that BS. ) Take your ticket say yes sir no sir etc and get on your way. Don't have LTC or any other gun permits or gun related cards externally visible in your wallet either.

-Mike

This. All the way.

I'd also advise not speeding unless you like $600 fines. $300 for the ticket and $300 for the privilege of receiving a ticket in NYS and not attending their mandatory follow up driver safety classes for getting said ticket. Otherwise known as extortion.

 

[CTpatriot]

Lock your crap up, keep it out of sight, out of mind, do a lights function check (headlights, blinkers, brake lights, license plate lights) before leaving (eliminates PC for stop). Check DL/Reg/etc and make sure all are valid and intact. Stay off any road in NY or NJj that isn't a divided highway.

If stopped DO NOT DECLARE ANYTHING. That is full retard. Hand guy DL and reg (may want to just keep these on your visor if you have a clip, that way nobody can claim furtive movements or any of that BS. ) Take your ticket say yes sir no sir etc and get on your way. Don't have LTC or any other gun permits or gun related cards externally visible in your wallet either.

-Mike

what about the two dozen pro 2a bumpoer stickers?

 

[browncoat]

Then I'd have to drive through CT, which I want to avoid. My plan is to take 90 to Albany and 87 down to 84 and then PA.




And here I thought that I left Russia. For f*ck's sake, how is following the law considered suspicious??

I've driven both those routes - I'd rather drive through CT. Why do you want to avoid CT? NY police seem to be more likely to jam people up on gun stuff, the routes through CT don't seem to be especially heavily speed trapped or anything either.

 

[kalash]

I've driven both those routes - I'd rather drive through CT. Why do you want to avoid CT? NY police seem to be more likely to jam people up on gun stuff, the routes through CT don't seem to be especially heavily speed trapped or anything either.

Can't carry in CT so it'd be another state I'd have to drive really carefully through with the gun locked up.

 

[browncoat]

Can't carry in CT so it'd be another state I'd have to drive really carefully through with the gun locked up.

Gotcha. The CT opinion on FOPA is the right one though - so it wouldn't really be driving any more carefully than you normally would.

 

[CTpatriot]

And here I thought that I left Russia. For f*ck's sake, how is following the law considered suspicious??

if you look like you're trying to follow the law you they suspect you must be doing something illegal.
I would not be surprised if this was cited as reasonable suspicion at some point in court.

 

[bfm]

Be forewarned.....87/NY State Thruway is suicide by NY State Police......

That is a road I would avoid at all costs

I just drove a good section of it a week ago. Lot of cops and everyone had people pulled over, but cruising along somewhere between the slowpokes and the real speed demons felt pretty safe.

 

[CTpatriot]

Be forewarned.....87/NY State Thruway is suicide by NY State Police......

That is a road I would avoid at all costs

was doing about 85mph in me deville ten years ago and looked in my rear view and had a statue on my tail that came out if nowhere, put my blinker on and just shifted over one lane. He just kept going, I thought I was going to get stopped for sure.

 

[MachineHead]

what about the two dozen pro 2a bumpoer stickers?

There's always the "mule" car with these stickers you can have your unarmed buddy drive while you FOPA your arms right behind him in an unsuspicious looking car.

 

[xtry51]

How so?

He's referring to the state police being known for handing out tickets like candy to out of state vehicles. They do this because a portion of the ticket you get goes to the county in which they hand it out. They use it as revenue generation.

 

[browncoat]

if you look like you're trying to follow the law you they suspect you must be doing something illegal.
I would not be surprised if this was cited as reasonable suspicion at some point in court.

It has been.

 

[kalash]

Hmm... How's the CT non-res process?