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So I'm flying to NYC.

j2l3

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If you are going to NYC, yes, you are probably going to have to leave it home. They accept no excuses for bringing one into the city.
 

heresolong

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M1Gunr wrote:
If you were landing in NY but continuing on to another destination outside of NY you will be ok. NY is very strict on its laws.

I suggest going to the NY forum and talking to some of the folks to get an idea. Here's the link: http://opencarry.mywowbb.com/forum40/
Not true. The state of NY has charged people with illegal possession of a firearm for landing at a NY airport and changing planes. This hasn't yet been challenged in court (and most likely would be overturned by a federal court) but someone would have to be the test case in order to file the suit.
 

Bill Starks

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I'll have to find the info I'm looking for to back me up but the Atty General resolved that issue of flying in and continuing on to another destination. I'll post as soon as I can find it.
 

apjonas

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This issue pops up periodically like a social disease. It is not that difficult to understand. FOPA applies under very specific circumstances. If you are walking into a NY airport to check a bag containing a firearm, FOPA cannot help you. Do not listen to those who think FOPA is a talisman that can ward off local law enforcement. They will not be there to bail you out. If otherwise legal and worth the effort, ship the gun to yourself at your destination. If anybody would like to disagree, please post the text of FOPA in your response and explain how checking a bag is covered. Please do not call me names. I just wantto help people avoid trouble, don't you?
 

kparker

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apjonas,

What makes you think USC 18 § 926A doesn't apply?

That being said, shipping your gun to yourself isn't a bad solution, as long as you don't mind the extra expense and hassle of doing so, nor being disarmed during your entire journey, instead of just the originating-airport to final-destination-airport portion.
 

heresolong

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apjonas wrote:
This issue pops up periodically like a social disease. It is not that difficult to understand. FOPA applies under very specific circumstances. If you are walking into a NY airport to check a bag containing a firearm, FOPA cannot help you.
Reading the relevant USC it says that you can transport a firearm through NY. For example, you are flying to NYC and then getting into a rental car and driving to New Hampshire for Christmas (or vice versa). So long as it is in a locked container, federal law supports you in this endeavor. The problem, however, is local law enforcement. Should they choose to arrest and charge you, you will be responsible for paying for a lawyer and your defense. Although the NRA legal defense fund would probably chip in a fair amount.


kparker wrote:
That being said, shipping your gun to yourself isn't a bad solution, as long as you don't mind the extra expense and hassle of doing so, nor being disarmed during your entire journey, instead of just the originating-airport to final-destination-airport portion.
AFAIK you can only ship it from an FFL to another FFL. I tried to ship my pistol home from Idaho so that I could travel through Canada for the last part of my cross country motorcycle trip and no one would ship it directly across state lines.
 

apjonas

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apjonas,

What makes you think USC 18 § 926A doesn't apply?

That being said, shipping your gun to yourself isn't a bad solution, as long as you don't mind the extra expense and hassle of doing so, nor being disarmed during your entire journey, instead of just the originating-airport to final-destination-airport portion.

I would be glad to respond if you do as I asked in my post (now in red). kito109654 has done half of the job for you (thank you). Helpful hint: Think through your proposed journey. Every time you enter or exit a mode of transportation (air, train, car, taxi, foot, dog sled, rickshaw, whatever), ask yourself: Am I in compliance with 18 USC 926A?
 

kito109654

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picky picky.

apjonas wrote:
I would be glad to respond if you do as I asked in my post.


Linked to above:

"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."
 

joeroket

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heresolong wrote:
AFAIK you can only ship it from an FFL to another FFL.  I tried to ship my pistol home from Idaho so that I could travel through Canada for the last part of my cross country motorcycle trip and no one would ship it directly across state lines.

You can ship a firearm to yourself and it is completely legal. Your issue was probably that the carrier did not want to ship it, not that it was unlawful.
 

heresolong

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joeroket wrote:
heresolong wrote:
AFAIK you can only ship it from an FFL to another FFL. I tried to ship my pistol home from Idaho so that I could travel through Canada for the last part of my cross country motorcycle trip and no one would ship it directly across state lines.

You can ship a firearm to yourself and it is completely legal. Your issue was probably that the carrier did not want to ship it, not that it was unlawful.
USPS and UPS declined to ship the firearm. I didn't go to FedEx, just rode back through Washington instead. According to the following website <http://www.thegunzone.com/ship-guns.html DHL/Airborne, FedEx, UPS will ship handguns only from or to an FFL holder. The USPS won't ship handguns at all.

If no carrier will ship it, other than to an FFL, the actual law is a moot point I guess.
 

killchain

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You try to check a pistol in an NY airport and don't have your papers, you're looking at arrest, confiscation and a Class B FELONY.

Papers meaning your pistol permit thingy in NY to even OWN one.

Don't do it. Don't even take a pistol there. I made that mistake, and ended up having to drive it home so I wouldn't be a felon.

DON'T DO IT.

Flying my AR15 home was bad enough. And THAT was LEGAL.
 

kparker

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apjonas,

If you don't want to have a discussion, fine, don't participate. But I'm not all that excited at your ordering me to answer such and such. FOPA wasn't something I brought up; I was merely asking if you thought USC 18 § 926A did or did not apply (it is still the law of the land, last time I looked.)
 
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