CARRY A license to possess a handgun serves also as a license
to carry unless restricted.
A loaded handgun may be carried in a vehicle by
a properly licensed individual. (
Loaded means a firearm
with ammunition loaded in magazine or chamber or any
firearm which is possessed by one who
at the same time
possesses a quantity of ammunition which may be used to
discharge such a firearm.) Possession of any loaded rifle or
shotgun in a vehicle is illegal.
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.
I was just wondering - would the use of a definition found in a State Law be appropriate to use to define something in Federal Law. When NY law allows for "A Provision of Federal Law" as a defense to NY State or Local law. ( In my Humble opinion I personally don't think a definition found in State law would be appropriate to be used or applied to a Federal Law ) Federal law doesn't speak to "ammunition loaded in magazine" or "possesses a quantity of ammunition which may be used to discharge such a firearm"
I'm not a Lawyer and was just wondering what others think about this subject?
http://www.nraila.org/gunlaws/federal/read.aspx?id=59
FEDERAL LAW ON TRANSPORTATION OF FIREARMS
A provision of the federal law known as the
Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes
from local restrictions which would otherwise prohibit passage.
Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess such firearm to any other place where he or she may lawfully possess it,
if the firearm is unloaded and
locked out of reach. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.
Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. FOPA also seems to provide for necessary stops, like gasoline and rest.
Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.