FOPA-Protected Travel through CT and/or New York State

Rating - 100%
12   0   0
Joined
Mar 19, 2008
Messages
2,773
Likes
469
Location
Worcester, MA
So I'm planning to travel to North Carolina this summer to visit my brother. I am thinking of bringing a long gun or two and some ammunition.

The guns would be unloaded and locked in cases separate from the ammunition. I have no plans to stop in either Connecticut or New York State. However, in that I live in Massachusetts and am traveling by car, I am obliged to pass through New York State and possibly CT as well, depending on the route. I am legally allowed to have the firearms and ammunition in question in both MA and NC.

Question: in light of recent changes to NY and CT law, what do my fellow NESers think about FOPA-protected travel? Am I placing myself at risk of becoming a test case?

Please note my route would not include New York City or any part of New Jersey. We already know the answers for those two holes.
 
Rating - 0%
0   0   0
Joined
Mar 1, 2005
Messages
3,602
Likes
876
Location
Mid-Coastal free Maine
FOPA has been protected here in CT so no issues here at all. NY? Even before all this hoopla NY was one of those iffy states. Depends on the trooper who you'd be dealing with. NJ? Avoid at all costs. However, FOPA is there for your protection. What are the chances of being pulled over and your car torn a part anyway?

Whenever I've traveled by car through those areas, I alway planned my route accordingly. I avoid NJ at all costs. I live in CT but CT is not your issue. So, travel from MA through CT and take 84 West through Waterbury, CT and head into NY there. We travel through the Delaware Water Gap and into PA. Once in PA route yourself so that you make your best time to NC. IT's a lot nicer drive, anyway. I dislike the NY/NJ highways and never, ever drive them unless absolutely compelled to.

Don't sweat CT.

Rome
 

aeromarine

NES Member
Rating - 100%
51   0   0
Joined
Jan 18, 2008
Messages
448
Likes
162
Location
Eastern Massachusetts
Your good to go but don't get stopped for speeding, get a flat, or have a breakdown, etc. Long guns are legal to possess in New York State and Connecticut without a license, though NYC proper has required a permit for several years. So be extra careful when traveling through the Bronx, Brooklyn, Queens, Manhattan or Staten Island if your route takes you that way. A Westchester County Parkway Police trooper was in my Utah permit class four years ago. He was very pro Second Amendment but said he was embarrassed to say NY was not good at honoring the provision of the McClure Volmer Firearms Owners Protection Act. He said many people are still getting arrested even though they shouldn't be and he was angry the county DAs were letting that happen. Sure, the charges eventually get thrown out but not without a lot of time, money and aggravation. Also, don't have anything that might be considered post ban or a mag with a capacity over 10 rounds. That could only add to your mysery during a potential incident. Not sure how things currently are in New Jersey these days but anything could happen there. Also, Maryland and Washington DC are very hostile to gun rights so be warned. I'll be making the same trek to the Outer Banks in late August.
 
Last edited:
Rating - 100%
12   0   0
Joined
Mar 19, 2008
Messages
2,773
Likes
469
Location
Worcester, MA
One more point:

So what if one of the long guns was a pre-ban (1986) black rifle with pre-ban magzines havng a capacity in excess of 10 rounds?
 
Last edited:

Spanz

NES Member
Rating - 100%
1   0   0
Joined
Feb 25, 2009
Messages
54,057
Likes
70,346
the lower corner of CT is one big speed trap. They lower the speed limit to 55, and stop you at something like 58! So pay attention.

I used to go thru Danbury CT on 84, and across a short stretch of 84 to Scranton PA (neutral territory). at that point you can go west or south without the big fear. Stay the heck out of NY, NJ, and probably MD now!

Anybody getting jacked up in CT of FOPA, let us know!!!!!
 

Len-2A Training

Instructor
Instructor
NES Life Member
NES Member
Rating - 98.6%
71   1   0
Joined
Feb 26, 2005
Messages
54,925
Likes
15,774
Location
NH
as far as I know, FOPA will MAYBE keep you from being prosecuted in either state; however, I think a police officer who didn't know about FOPA (Shocking, I know) or thought you were breaking some other law could still arrest you. When I lugged all my stuff down to NC I just printed out a copy of FOPA so that if, and it's a pretty big if, I was pulled over and searched I would have the exact law on hand.

I am not a lawyer, all the other good "not an expert" stuff.

FIFY

It turns out that <I have been told> FOPA is an "affirmative defense", just like the MA "in your home law". This means that you CAN be arrested, prosecuted and it is up to YOUR attorney to plead that FOPA gives you an "affirmative defense" against CONVICTION! Not as nice as most of us assumed.

NOTE: Reading the black letter of the law, since IANAL, I can't tell you for absolute certain that it is merely an "affirmative defense" vs. a prohibition against prosecution. I'll leave that to one of the lawyers here on NES to parse and make that determination. Regardless, as stated above, arrests and made and prosecutions are attempted (meaning running up your legal fees). Thus, using all due caution is advised.
 
Rating - 0%
0   0   0
Joined
Jun 13, 2011
Messages
196
Likes
47
Location
Pennsylvania
Another option is to ship them to yourself down there at your brother's address. Then you only have to worry about the courier. This is especially nice if you plan to make frequent stops or go out of the way to see other places en route.
 
Rating - 0%
0   0   0
Joined
Jan 28, 2011
Messages
2
Likes
0
I make this trip several times a year from eastern MA and agree the last two posts. Mass Pike to 84 to Scranton minimizes NY and MD and eliminates any NJ travel. Drive very carefully and don't stop in the anti states, gas up in MA and then PE and you should be good to go. It's a much more pleasent drive anyway, it's a little longer, but, usually takes less time. Get this book, it's outstanding;

http://www.nrastore.com/nrastore/ProductDetail.aspx?c=15&p=PB+01566&ct=e
 

blinky

NES Member
Rating - 100%
10   0   0
Joined
Nov 1, 2010
Messages
1,035
Likes
127
another FYI a non resident NH CCW is recognized in North Carolina should you decide to bring a pistol.
 

joe847

NES Member
Rating - 0%
0   0   0
Joined
Mar 16, 2011
Messages
273
Likes
126
Location
NH
I used to go thru Danbury CT on 84, and across a short stretch of 84 to Scranton PA (neutral territory). at that point you can go west or south without the big fear. Stay the heck out of NY, NJ, and probably MD now!

This route is probably a good idea. You never know when the NYPD is going to have a "Rape the 4th" day at one of the bridges or tunnels.
 
Rating - 100%
21   0   0
Joined
Jun 24, 2008
Messages
3,176
Likes
605
Location
North of MA
FOPA means nothing in places like that. If you get stopped and firearms are found you will likely be arrested. That being said, a lot of things need to happen before you get to that point. And there's always the off-chance you will meet a cop who isn't a dick.

I've made the drive before and never had any problems. But I was always prepared for the worst.
 

Horrible

NES Member
Rating - 100%
16   0   0
Joined
Mar 1, 2009
Messages
12,517
Likes
5,541
Location
NOLA
I have made this trip several times, but only once with firearms and I took the route described above. Between my NH and UT non-resident licences, I am able to CCE in PA, WV, VA and NC but didn't holster up until VA (the one small stretch in MD kept me from doing so earlier).

This was all prior to the insanity of the past 4 months.

Don't know if you can have 10 round mags (or greater) at all in NY?
 

mannydog

NES Member
Rating - 100%
19   0   0
Joined
Mar 7, 2010
Messages
704
Likes
455
Location
Florida
I just helped my daughter and son-in-law move & drive to Texas last week (long drive). FOPA or not, I didn't want to drive through NY and CT with firearms so we left them behind and I'm shipping them to an FFL near their new home. That's just me, everybody else told me just pack em in the truck and don't worry about it.
 

WallHack

Banned
Rating - 100%
3   0   0
Joined
Oct 22, 2012
Messages
5,028
Likes
1,078
Location
The Theater District
This whole FOPA thing is so stupid, and really highlights how off-the-tracks our rights have gone. We're worried about visiting other states with stuff we legally posses because there's every possibility we could be arrested.

This isn't a knock on OP, the whole idea of even needing FOPA makes me sick to my stomach.

I must be slacking at work, because this was sent using Tapatalk
 

StevieP

NES Member
Rating - 0%
0   0   0
Joined
Apr 16, 2009
Messages
9,212
Likes
5,639
Location
Gone to Carolina in my mind...
My father and brother both live near Gettysburg, PA. With my MA LTC-A, there's no reciprocity with CT, NY, or PA.

Just got my NH non-res license, and there *IS* reciprocity with PA. So I'll be in the same boat whenever I drive down. Gun and ammo in trunk through CT and NY until I hit the PA border on 84, then stop and put it on my hip where it belongs.
 
Rating - 100%
8   0   0
Joined
Sep 15, 2009
Messages
12,146
Likes
3,057
Location
SC
NEVER consent to any search.

and NEVER talk to the police.

It also helps to not do anything that would give them probably cause to pull you over.

[video=youtube_share;6wXkI4t7nuc]http://youtu.be/6wXkI4t7nuc[/video]
 
Rating - 0%
0   0   0
Joined
Oct 17, 2013
Messages
12
Likes
2
Location
Cambridge
So I'm planning to travel to North Carolina this summer to visit my brother. I am thinking of bringing a long gun or two and some ammunition.

The guns would be unloaded and locked in cases separate from the ammunition. I have no plans to stop in either Connecticut or New York State. However, in that I live in Massachusetts and am traveling by car, I am obliged to pass through New York State and possibly CT as well, depending on the route. I am legally allowed to have the firearms and ammunition in question in both MA and NC.

Question: in light of recent changes to NY and CT law, what do my fellow NESers think about FOPA-protected travel? Am I placing myself at risk of becoming a test case?

Please note my route would not include New York City or any part of New Jersey. We already know the answers for those two holes.

I know this is an old post, but I was wondering the same thing as I'll be travelling from MA to PA to shoot with my old man. I read that the NY courts didn't interpret FOPA to apply to airport travel (even diversions!), but I couldn't find an example of somebody getting arrested while following FOPA protocol in a car. Still being cautious, I decided to ask the State Police if they had a non-resident permit for transport, knowing the answer was going to be "no" and hoping they would cite FOPA. This is the response I got via email, doesn't mean a LEO in the southern part of the state won't decide to do things his own way, but I'll feel better having this printed and I'll leave my pre-bans at home.

"There is no non-resident pistol permit for the purpose of transporting firearms through New York State. You will be covered under the Federal provisions of 18 USC § 926A which states that the firearm must be unloaded, in a case, and stored in the trunk of the vehicle. If your vehicle has no trunk, it must be unloaded in a locked case inaccessible to the driver and passengers. A locked case does not include the glove-box or console. Necessary stops for gas or rest stops are permissible. This covers you for a continuous, uninterrupted travel through NYS. Also note, 18 USC § 926A - Interstate transportation of firearms, does not apply to magazines. In NYS, you can not possess a magazine with a capacity of greater than 10 rounds.

If you have any further questions, please re-contact me.

Inv. C.A. Hunt, NYSP-Pistol Permit Bureau"
 

Quiet

Banned
Rating - 100%
1   0   0
Joined
Jan 31, 2013
Messages
9,654
Likes
1,804
Location
2122 N. Clark St.
Or load those 10 rounders with more than 7, even if the gun is unloaded... lol

Good Lord, they'll bust you for magazines even while you're relying on FOPA.

What dickheads
 
Rating - 100%
2   0   0
Joined
Jun 20, 2013
Messages
19,774
Likes
17,608
Location
Southern NH
Keep your stuff locked up and out of sight. Don't get pulled over. If you do get pulled over, treat it like any other traffic stop. Unless you are advertising, or being confrontational, they just want your money. Be polite, take your BS ticket/summons/citation/warning and be on your way. Unless you have a warrant out for you, are confrontational, or something else, they shouldn't have any idea you have firearms nor any reason to even want to search your car.

I unfortunately fell victim to extortion on the highway in CT (via an expensive speeding ticket) while moving. Had a gun cabinet with a dozen firearms and a half a dozen full ammo cans in the back. That was of no interest. The only interest the cop had was to issue the summons as quickly as possible so he could pull more people over to do the same.
 

Zappa

Road Warrior
NES Member
Rating - 100%
28   0   0
Joined
May 14, 2008
Messages
54,267
Likes
34,608
Location
Living Free In The 603
One more point:

So what if one of the long guns was a pre-ban (1986) black rifle with pre-ban magzines havng a capacity in excess of 10 rounds?

Pre-ban means pre-Brady Law/Clinton Era AWB as of September 13, 1994.
1986 is when FOPA was signed into law, which also ended production of civilian legal transferable full-autos.
 
Rating - 100%
11   0   0
Joined
Mar 1, 2009
Messages
7,365
Likes
3,783
Location
Deep in the woods of SC
Also note, 18 USC § 926A - Interstate transportation of firearms, does not apply to magazines. In NYS, you can not possess a magazine with a capacity of greater than 10 rounds.[/FONT][/I][/FONT]

If you have any further questions, please re-contact me.

Inv. C.A. Hunt, NYSP-Pistol Permit Bureau"

Are you ****ing kidding me? I'm leaving this shithole tomorrow afternoon. For good. I went out of my way to make sure my stuff is locked down 6 ways from tuesday.

Gun locks on every firearm.
All of them in locked gun cases.
Those cases locked in my truck bed tool box. Locked by it's internal lock and a hasp and padlock.
All ammo in a separate locked container, along with all my mags, all mags unloaded. That case is also in the double locked truck bed box.

All of this, along with a printed copy of FOPA, and I had myself convinced that I had gone so above and beyond that I had nothing to worry about. Now my ONE preban mag, a 30 rounder for my 92fs is going to be the reason I loose 10 years to anxiety? Just because I have to be in that state for ~35min and cross 25mi. from the CT border to the far side of the GWB? This is just ****ing ridiculous. Thanks a lot NY I feel much SAFEr now.

I guess I'll just go to the PO and mail it to myself in SC. Just what I needed. One more thing to do tomorrow in the very limited amount of time I have before hitting the road. [banghead]
 

Reptile

NES Member
Rating - 100%
116   0   0
Joined
Dec 13, 2006
Messages
22,711
Likes
13,631
I know this is an old post, but I was wondering the same thing as I'll be travelling from MA to PA to shoot with my old man. I read that the NY courts didn't interpret FOPA to apply to airport travel (even diversions!), but I couldn't find an example of somebody getting arrested while following FOPA protocol in a car. Still being cautious, I decided to ask the State Police if they had a non-resident permit for transport, knowing the answer was going to be "no" and hoping they would cite FOPA. This is the response I got via email, doesn't mean a LEO in the southern part of the state won't decide to do things his own way, but I'll feel better having this printed and I'll leave my pre-bans at home.

"There is no non-resident pistol permit for the purpose of transporting firearms through New York State. You will be covered under the Federal provisions of 18 USC § 926A which states that the firearm must be unloaded, in a case, and stored in the trunk of the vehicle. If your vehicle has no trunk, it must be unloaded in a locked case inaccessible to the driver and passengers. A locked case does not include the glove-box or console. Necessary stops for gas or rest stops are permissible. This covers you for a continuous, uninterrupted travel through NYS. Also note, 18 USC § 926A - Interstate transportation of firearms, does not apply to magazines. In NYS, you can not possess a magazine with a capacity of greater than 10 rounds.

If you have any further questions, please re-contact me.

Inv. C.A. Hunt, NYSP-Pistol Permit Bureau"

The law prohibiting mags over 10 rounds (pre 94 AWB) does not apply if you owned the mag before January 15th 2013.
----
MAGAZINES
1. Capacity
Under the previous law, a magazine purchased before September 13, 1994 was specifically exempted from the definition of large capacity ammunition feeding device inPL 265.00 (23). As such, a person with a pre-94 magazine could not be charged with theclass D felony of Criminal Possession of a Weapon in the third degree under PL 265.02(8). This exemption has been removed by the Safe act.However, the exemption has been relocated by the Safe Act and is now found in the body of PL 265.02 (8) itself. It will now only exempt a person from criminal liability if the person acquired the magazine before January 15th, 2013.

In other words, if someone obtains a pre-94 magazine now, of the same type that was formerly lawful under the old exemption, or obtained it anytime after the Safe Act became law on January 15th, that person could be charged with the class D felony under PL 265.02 (8) because the pre-94exemption would not apply to him or her.
---
http://www.scribd.com/doc/174855115/New-York-State-Police-SAFE-Act-Field-Guide
 
Top Bottom