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Thread: Vacation to NY with questions???

  1. #1
    Regular Member AAriondo's Avatar
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    Vacation to NY with questions???

    Hello all,
    I will be taking a vacation to NY in July and wanted to know what to do with my handguns. I am licinsed here in Ga but wanted to know what to do in NY. I will driving to Long Beach and staying there and taking the train to the City.

    I wouldnt think about CC on the train to or in NYC but on my travels to Long Beach, can I still have it in my glovebox, or on me in the car??

    I might even drive up state
    Last edited by AAriondo; 09-29-2012 at 11:24 AM.
    Carrying isn't suppossed to feel comfortable...Its supposed to feel safe.

  2. #2
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    Only licensed NY residents can be in possession of a handgun in NY state. There is no reciprocity with any state and no open carry either.

    You cannot have a handgun at all, not even in a locked case, unless you are headed to a NRA sponsored match and the like. If you are traveling through NY federal laws are supposed to protect you, but you cant stop anywhere.

    Don't bring them is your only real option.


    Sorry.

  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    Safe Passage Act - Gunowners Firearms Protection Act

    Quote Originally Posted by Sinister View Post
    Only licensed NY residents can be in possession of a handgun in NY state. There is no reciprocity with any state and no open carry either.

    You cannot have a handgun at all, not even in a locked case, unless you are headed to a NRA sponsored match and the like. If you are traveling through NY federal laws are supposed to protect you, but you cant stop anywhere.

    Don't bring them is your only real option.

    Sorry.
    Not entirely accurate.

    One of the law's provisions was that persons traveling from one place to another cannot be incarcerated for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas and overnight accommodations), provided that the firearms and ammunition are not immediately accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, the firearms are located in a locked container.

    Under this provision, someone driving from one place where they are allowed to have a gun to another place they are legal with a locked hard case containing an unloaded gun in the trunk could not be prosecuted in New York City or New Jersey for illegal possession of a handgun provided that the individual did not stop in New Jersey or New York for an extended period of time.

    http://uscode.house.gov/download/pls/18C44.txt
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  4. #4
    Regular Member acmariner99's Avatar
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    While I agree that the Federal provision would protect a traveler going through NY, the OP says his final stop is in NYS and wants to drive around upstate. In that case, the Federal provision doesn't apply to him. Therefore, I recommend finding a different place to vacation, or leave your handguns behind. If you stop in NY for any period beyond reasonable for travel and have a handgun you have committed a felony. I highly suspect that depending on what part of the state you are in, merely stopping for gas, food, or rest would negate Federal protection.

    IMO just because 926A says you have protection when transiting a restrictive state, that does not mean that the LEOs of that state will simply let you walk. I don't think most of us here would be willing to test that theory with the likes of New York and New Jersey. High cap (>10 rnd) magazines, stun devices, and pepper spray are also illegal in NYS and NYC.

    Bottom line, don't bring your firearms into New York, period.
    Last edited by acmariner99; 10-02-2012 at 03:54 PM.

  5. #5
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by acmariner99 View Post
    While I agree that the Federal provision would protect a traveler going through NY, the OP says his final stop is in NYS and wants to drive around upstate. In that case, the Federal provision doesn't apply to him. Therefore, I recommend finding a different place to vacation, or leave your handguns behind. If you stop in NY for any period beyond reasonable for travel and have a handgun you have committed a felony. I highly suspect that depending on what part of the state you are in, merely stopping for gas, food, or rest would negate Federal protection.

    IMO just because 926A says you have protection when transiting a restrictive state, that does not mean that the LEOs of that state will simply let you walk. I don't think most of us here would be willing to test that theory with the likes of New York and New Jersey. High cap (>10 rnd) magazines, stun devices, and pepper spray are also illegal in NYS and NYC.

    Bottom line, don't bring your firearms into New York, period.
    Indeed the OP should not depend on the federal law as he does not seem to meet all criteria.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  6. #6
    Regular Member hermannr's Avatar
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    The bottom line is: it is extremely hazzardous to your freedom to have any unlicensed (license available to NY residents only) pistols in any part on NYS and ESPECIALLY in NYC.

    If you plan on using the FOPA as a defense...it is an "affirmative defense" in NY...that is, they may charge you anyway, and you will have to go to court, anyway, and you may beat the charge, but then you will need to recover your siezed weapon....

    Best practice...if you are driving through the state of NY, and you have a pistol in the vehicle, do not agree to any search of the vehicle without a warrent...hand have that puppy locked up. That is the only hope you have...they have randum DUI stops in NY among other reasons to just stop you for no good reason at all.

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