Law for Non-resident through Mass and New York with guns

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Hey all, I'm planning a trip out to the Mid West soon and I want to know if it's okay to drive THROUGH Mass and New York state with unloaded firearms, in a locked container, separate from the ammunition and "high capacity magazines."
 
Even in MA. , if properly stored you should be ok.
NY on the other hand is a crap shoot , they have violated FOPA numerous times.
 
Don't stop anywhere; follow the speed limit. Should be fine, I've driven through NY following FOPA numerous times.
 
It sounds like you may be familiar with the requirements of FOPA:

https://en.m.wikipedia.org/wiki/Firearm_Owners_Protection_Act

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

This is an affirmative defense, so you may have to make this defense in court, which will really slow your trip.

There's no duty to inform in either state, so if you are pulled over I recommend saying nothing unless asked.

But you won't be pulled over, because you will drive the speed limit. And you will fill up on gas and snacks just outside of those states (I recognize Boston to Buffalo is a long way, just stick to rest plazas if you must stop)

I can't speak to the likelyhood of the cops ignoring FOPA. The only case in MA I'm aware of, the gun wasn't properly stored. The farther away from NYC you are, the better you'll be. Some upstate NY cops are actually pro-gun!

I recommend getting into PA as soon as you can, even if it adds an hour, it's already a multi hour drive.

The magazines over 10 rounds are an unknown. FOPA was passed before any laws against magazines. I think it's probably covered, but if it's only a few PMags, why not ditch them? Buy a few in PA, keep them for the trip, and mail them back home before you return to NY/MA.

There's another option that would help for MA. For $200 and a trip to Chelsea, MA you can get a non-resident LTC, which provides lifetime protection against criminal charges for firearm and ammunition possession. NY, as far as I know, makes it impossible to legally possess a pistol for non-residents. Non-assaulty rifles and shotguns and ammunition therefor in NY are probably the thing you have to worry about the least.
 
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It sounds like you may be familiar with the requirements of FOPA:

https://en.m.wikipedia.org/wiki/Firearm_Owners_Protection_Act

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

This is an affirmative defense, so you may have to make this defense in court, which will really slow your trip.

There's no duty to inform in either state, so if you are pulled over I recommend saying nothing unless asked.

But you won't be pulled over, because you will drive the speed limit. And you will fill up on gas and snacks just outside of those states (I recognize Boston to Buffalo is a long way, just stick to rest plazas if you must stop)

I can't speak to the likelyhood of the cops ignoring FOPA. The only case in MA I'm aware of, the gun wasn't properly stored. The farther away from NYC you are, the better you'll be. Some upstate NY cops are actually pro-gun!

I recommend getting into PA as soon as you can, even if it adds an hour, it's already a multi hour drive.

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Plan on getting into PA ASAP. I-88 in NYS is a horribly bumby road, you could break and axle on it and paying the toll on I-90 in NYS would cost as much as a full tank of gas.

I drive the limit on every Interstate anyway because anytime I even remotely try to go 5 mph over, I always get stuck behind every other vehicle going the limit.
 
I had a client driving from Maine to New York when he was stopped because he was in the left lane, and nobody was in the right lane. They search the car and found two handguns in the trunk. He was charged with carrying without a license, and has been sitting in jail ever since.

If you insist on driving through this state with guns, I suggest you store them in a box locked with a combination lock, and do not give up the combination unless a judge tells you to.
 
I had a client driving from Maine to New York when he was stopped because he was in the left lane, and nobody was in the right lane. They search the car and found two handguns in the trunk. He was charged with carrying without a license, and has been sitting in jail ever since.

If you insist on driving through this state with guns, I suggest you store them in a box locked with a combination lock, and do not give up the combination unless a judge tells you to.

Wise advice. OP, cut through the slimmest part of NY between CT and PA. It takes about an hour. Drive like a saint and don't speed.

Personally, I have no desire to go to NY and would avoid it altogether if I could. I drove all the way to Las Vegas last year and after NY I carried the entire trip, minus NM. I have a MA LTC, NH nonres.
 
I had a client driving from Maine to New York when he was stopped because he was in the left lane, and nobody was in the right lane. They search the car and found two handguns in the trunk. He was charged with carrying without a license, and has been sitting in jail ever since.

If you insist on driving through this state with guns, I suggest you store them in a box locked with a combination lock, and do not give up the combination unless a judge tells you to.
He was hogging the left lane, agreed to a warrantless search, and didn't store firearms in accordance with the law? Sounds like an idiot.
 
Driving through would not be a problem if not for the risk of traffic accidents that always accompanies any trip. Even if you are speeding or doing something crazy, the chance of getting your car searched is tiny - you get a ticket and proceed. BUT, if you are an accident, and, God forbid, injured and transferred to hospital, you better have your guns locked up in metal boxes that nobody won't be able to open without a key or extreme force.
 
Timely post. I recently drove to a southern state in a rented cargo van with a lot of household items along with long guns, handguns, mags, and ammo. I am licensed in my state of origin and in my destination state. I also have heard of the shit storms that people have run into in NY, NJ, and maybe other northeast states, regardless of FOPA.

So, I locked firearms (unloaded) and ammo separately, and made the trip. Call me whatever, I really don't care, but instead of heading directly south down 95 from southeastern MA, I drove north to the MA Pike, headed west and into NY where I would spend the least amount of time in NY state while also by-passing RI, CT, and NJ, maybe two hours and and fifteen minutes. Then south through PA and around the western portion of Maryland, then on to my destination.

Long drive, without cruise control too, not very enjoyable, but my personal choice was to do it that way. Sad state of affairs we have here in the northeast.
 
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Since NYS is the chief issue here, what guns should I not take with me? IF it's just handguns, I can leave those at home, but if it is all guns that kinds of screws me. Would black powder cap and ball revolvers be included? I have a few of those with conversion cylinders to fire cartridges.
 
Timely post. I recently drove to a southern state in a rented cargo van with a lot of household items along with long guns, handguns, mags, and ammo. I am licensed in my state of origin and in my destination state. I also have heard of the shit storms that people have run into in NY, NJ, and maybe other northeast states, regardless of FOPA.

So, I locked firearms (unloaded) and ammo separately, and made the trip. Call me whatever, I really don't care, but instead of heading directly south down 95 from southeastern MA, I drove north to the MA Pike, headed west and into NY where I would spend the least amount of time in NY state while also by-passing RI, CT, and NJ, maybe two hours and and fifteen minutes. Then south through PA and around the western portion of Maryland, then on to my destination.

Long drive, without cruise control too, not very enjoyable, but my personal choice was to do it that way. Sad state of affairs we have here in the northeast.

A couple of months ago I drove up to CT from GA, and I drove around NJ entirely because I was bringing firearms with me. Unloaded, locked up, ammo in separate containers, licensed in origin and destination. Copy of FOPA printed out and handy. Drove around NYC too, because I'm not willing to risk an illegal arrest and have to spend time and money that I really don't have right now to fix.

Pretty sad state of affairs indeed.
 
Since NYS is the chief issue here, what guns should I not take with me? IF it's just handguns, I can leave those at home, but if it is all guns that kinds of screws me. Would black powder cap and ball revolvers be included? I have a few of those with conversion cylinders to fire cartridges.


Take what ever you want, just follow FOPA and the traffic laws. It's literally that simple. Minimize your time in NY by cutting through CT and into PA via I-84. Keep everything unloaded and in locked containers in your trunk. That's all you have to do. If you're legal at your point of origin and legal at your point of destination, you're legally covered for the entire trip provided you don't stop overnight or anything. Stop for gas in CT before you get to the NY border, and then stop again once you get to PA if you need to.

I make that trip every time I go back to Pittsburgh to see my family. I just find a sweet spot in the right lane and put it on cruise. It's like a freedom ride out of a POW camp when you cross that bridge over the Delaware River into PA, though. You can literally feel the freedom. I usually stop for gas anywhere after Newtown, CT and that typically covers me through to around State College, PA.
 
Don't stop anywhere; follow the speed limit. Should be fine, I've driven through NY following FOPA numerous times.

I run every 18th red light. I've yet to get into a car accident. Ergo, run every 18th traffic light.

(Yes, I have driven through NY while a firearm was in the vehicle. But anything can happen. Deer-strike, traffic accident, etc.,)
 
Out of state plates are enough to get you pulled over for a fishing expedition in NY and NJ.
Especially if your from a free state.
NY State Troopers are Cuomo's brown shirts.
NJ isn't much better.
 
The three things I would not do going through NY

I would not bring an assault rifle.

I would absolutely not bring any mags exceeding a capacity of 10, rifle or handgun. (These are verboten and it does not matter if they are pre ban. ). I would ship them but not carry through NY

I would probably not bring handguns.

So long as you are not a PRohibited Person ammo and non assault long guns are fine. Any non PP can posses in NY

That's just what I would do






The above seem to be trigger for getting go directly to jail card.
 
I live in MA and have family in OH, and I drive out a few times every year to visit. I take firearms every time to shoot on my brother's farm - long guns, handguns, and ammo, always in separate locked containers. Generally I set the cruise control at 74 and take I-90 to I-87 to I-88 to I-86 and back to 90 to Northern Ohio - going South to PA first is hours out of the way.

This May I was stopped for speeding in Western NY, on my way back to MA (didn't have the cruise control set). Radar got me at 79 in a 65, and the state trooper wrote me a ticket for 74 because, he said, I pulled over immediately and safely, was polite and courteous the entire time, had license and registration and no other violations in NY. He never asked to search the car, and I took the ticket and drove on. It cost $168 to reminded me not to speed, and when I drive out in November I'm taking my M1, a 1911, my 39A, and hopefully a 1917 revolver I buy between now and then.

So more or less a happy ending in this case, although it could have been better and it could have been worse. The best advice is probably pack legally and drive safely.
 
It sounds like you may be familiar with the requirements of FOPA:

https://en.m.wikipedia.org/wiki/Firearm_Owners_Protection_Act

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

This is an affirmative defense, so you may have to make this defense in court, which will really slow your trip.

There's no duty to inform in either state, so if you are pulled over I recommend saying nothing unless asked.

But you won't be pulled over, because you will drive the speed limit. And you will fill up on gas and snacks just outside of those states (I recognize Boston to Buffalo is a long way, just stick to rest plazas if you must stop)

I can't speak to the likelyhood of the cops ignoring FOPA. The only case in MA I'm aware of, the gun wasn't properly stored. The farther away from NYC you are, the better you'll be. Some upstate NY cops are actually pro-gun!

I recommend getting into PA as soon as you can, even if it adds an hour, it's already a multi hour drive.

The magazines over 10 rounds are an unknown. FOPA was passed before any laws against magazines. I think it's probably covered, but if it's only a few PMags, why not ditch them? Buy a few in PA, keep them for the trip, and mail them back home before you return to NY/MA.

There's another option that would help for MA. For $200 and a trip to Chelsea, MA you can get a non-resident LTC, which provides lifetime protection against criminal charges for firearm and ammunition possession. NY, as far as I know, makes it impossible to legally possess a pistol for non-residents. Non-assaulty rifles and shotguns and ammunition therefor in NY are probably the thing you have to worry about the least.

Non resident LTC provides LIFETIME protection...since when?
 
"There's nothing illegal in the vehicle, officer".

I just drove the length of the NY Thruway with a literal truckload of "assault rifles" and "hi-cap" mags.
Speed limit is 65. Pin the cruise control at 69.
I defy you to NOT stop to take a leak on that stretch. It's a LONG way.
Stop worrying and just go.

Over $18 in tolls each way!
 
The three things I would not do going through NY

I would not bring an assault rifle.
You need ATF permission to do that anyways.


I would absolutely not bring any mags exceeding a capacity of 10, rifle or handgun. (These are verboten and it does not matter if they are pre ban. ). I would ship them but not carry through NY

I would probably not bring handguns.
Why are you so scared to do what's legal?


Guys, seriously, even if you get pulled over no one is going to be searching your car. You're overcomplicating this. Follow the law, don't speed, stay on the highway, and you'll be just fine.
 
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