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Thread: Virginia to NY travel

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    Virginia to NY travel

    I posted this in the NY section, but they seem to get maybe 1 response a month on that board so I'll ask here.

    I'm pretty sure the answer is no, but...


    I have a concealed carry permit here in virginia. I am going to visit family in upstate NY for the holidays. Am i allowed to bring any handguns with me?

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    Quote Originally Posted by mkatzpp View Post
    I posted this in the NY section, but they seem to get maybe 1 response a month on that board so I'll ask here.

    I'm pretty sure the answer is no, but...


    I have a concealed carry permit here in virginia. I am going to visit family in upstate NY for the holidays. Am i allowed to bring any handguns with me?
    No Virginia CHP is honored in NY. I'd say no.

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    I dont even care about CHP, I'm just wondering if I can bring a handgun into the state at all?

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    Ah. You mentioned your permit so I thought you were asking about that route. I'm not an expert in open carry or transport laws in that state. My gut says no but I don't have the statutes to back that up.

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    Regular Member Fuller Malarkey's Avatar
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    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.

    http://www.nraila.org/gun-laws/state-laws/new-york.aspx

    The above in red concerns people passing through NY. You have a NY destination. I've read where that is a "gotcha".
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    Regular Member ProShooter's Avatar
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    If NY is your final destination, you will not be covered under 926A.
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    Activist Member JamesCanby's Avatar
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    No. Don't risk it, unless your intended destination is the NY Graybar Hotel. You won't like the accommodations, but you may get to meet your new BFF, Ben Dover.

    Seriously, the risk of being somehow caught with an unlicensed firearm in New York is not worth the carry.
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    I posted this on your NY thread so I'll repeat it here.

    You will have the same carry rights in New York as you would in North Korea.

    In short, none. And if found with a handgun you will be sent to prison (not jail) for a mandatory 3 year term.

    That's not hyperbole. Even most NY residents cannot get a license to simply keep a handgun in their homes. IIRC there is a "duty to retreat" in NY law if you're attacked. NY is the most handgun-unfriendly anti-self defense state in the country.

    Don't take a gun to NY. If you are going somewhere you think you need one -- don't go.

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    Regular Member half_life1052's Avatar
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    One minor quibble

    Quote Originally Posted by Virginian683 View Post
    I posted this on your NY thread so I'll repeat it here.

    You will have the same carry rights in New York as you would in North Korea.

    In short, none. And if found with a handgun you will be sent to prison (not jail) for a mandatory 3 year term.

    That's not hyperbole. Even most NY residents cannot get a license to simply keep a handgun in their homes. IIRC there is a "duty to retreat" in NY law if you're attacked. NY is the most handgun-unfriendly anti-self defense state in the country.

    Don't take a gun to NY. If you are going somewhere you think you need one -- don't go.
    On the duty to retreat, there is none under NY law. See article 35 of NY code for details. The rest of what you said fits my recollections from living there to a "T".

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    Quote Originally Posted by half_life1052 View Post
    On the duty to retreat, there is none under NY law. See article 35 of NY code for details. The rest of what you said fits my recollections from living there to a "T".
    Thanks for the correction. Good to know that at least.

    Still, it seems to me just from reading news reports that most NY prosecutors are a lot more stringent on what they consider "self-defense" than VA ones even if the law is the same.

  11. #11
    Regular Member half_life1052's Avatar
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    Quote Originally Posted by Virginian683 View Post
    Thanks for the correction. Good to know that at least.

    Still, it seems to me just from reading news reports that most NY prosecutors are a lot more stringent on what they consider "self-defense" than VA ones even if the law is the same.
    Keep in mind that it follows the "lesser of two evils" rule. You can use force up to and including lethal force to stop an action against a human being but it must be reasonable to believe doing so was the best choice. I don't have to run from you under NY law but responding with a sledgehammer to a flyswatter attack would probably get you 10 to 20 . Defense of property is justifiable in NY but obviously would disallow the use of deadly force.

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