Driving through New York w/firearms en route to Vermont


WVB64ALC

Old Navy Guy
I've looked at the map and there is NO way to get to Vermont from Wisconsin without going either through Canada (a non-starter) or New York.

I want to carry my handguns (I have both Wis and Fla CCW permits) AND my AR-15. Is there some presumed "Right of Innocent Passage" when going from one state to another with firearms? Doesn't Interstate Commerce of some sort protect us if we're residents of another state, have proper ID, have the firearms locked in cases in the truck bed, and can prove we're not staying in NY?

Hope you poor NY guys can help.

Thanks

Bill
 

Personally I wouldnt chance it, regardless of what federal law says....New York does what it wants and will most likely arrest you if they find them. All you have to do is search the web for cases of guys, even soldiers being arrested for having guns while passing thru or traveling in NY. Will it happen for certain? Nope, but its enough of a possibility that I would ship my firearms then risk it. Just my opinion....9 times out of 10 you could be ok and have no issues but that one time and bam, your life is pretty much ruined.
 
I'd stick with the gun(s) locked in one case, ammo and unloaded mags in another locked case. In NY you are not required to notify LEO, so if there is no suspicion, there is no probable cause for a search. Do not stop to sight-see or for lodging (I believe gas and/or food would be OK). Just do the speed limit and you shouldn't have any problems.
Better yet, travel on the I-90 on a Sunday while football games are on.... We had a radio talk show host call the State Police four times for over an hour as he followed a weaving, obviously intoxicated driver with his flashers on so the Troopers could find him. The dispatcher on the 4th call finally stated that the call was put out for any Trooper who wished to take the call, but nobody responded...and that the call would likely be closed out. On the first three calls, he never told tham he was in media. It wasn't until he told them in his 4th call to listen to his radio show on Monday regarding the lack of response that they actually became interested, but still did NOT respond to the call, even though he followed the intoxicated driver for over another hour.
Anyway, as I read the Federal law, you should have no problem as long as you can legally possess in the state where you're from and where you're going. While NY has its problems (particularly Emperor Cuomo and his liberal minions), it is not (yet) a gestapo state. The Emperor tried that and got caught....
 
First you need to read the Mclure-Volkmer act so you know how to comply without breaking a law. Google it and read!
Now as far as NY goes. You know the State run by Il Duce. There would be no reason for anyone to know you had a gun properly stored according to the law short of you going way over the speed limit or having a major accident with all that would entail. Having said that if LE in New York did find out there in no guarantee that you would not be arrested.
The McClure-Volkmer would then be used as a defense when you go to court and would be dismissed by the Judge as long as the gun was locked in the trunk, for a car, seperate from the ammunition. Remember a magazine loaded with amm is considered a loaded gun no matter where it is.
This does not mean you should not make this trip but to inform you that you must be familiar with the law.
I travel through NY on my way to MA. I stop in CT and load up at a location that I will not be seen by passers-by that might freak or seen by surveillance cameras and end up looking down the barrels of 10 or so guns and then having to explain what I am doing. Be on the correct side of the law (knowledge) and you'll be fine. Good Luck.
 
Personally I wouldnt chance it, regardless of what federal law says....New York does what it wants and will most likely arrest you if they find them. All you have to do is search the web for cases of guys, even soldiers being arrested for having guns while passing thru or traveling in NY. Will it happen for certain? Nope, but its enough of a possibility that I would ship my firearms then risk it. Just my opinion....9 times out of 10 you could be ok and have no issues but that one time and bam, your life is pretty much ruined.

I agree the surest way to avoid issues would be to ship your firearms. If that is not possible, make sure your vehicle won't break down and makes it necessary to stay overnight. You may remember the case of the guy that had all the paperwork for transporting his gun in stored luggage on a flight that went through the New York airport, only stopping to deplane and pick up passengers. While on the ground, weather forced the flight to be cancelled, so he was stuck on the ground until the next day. The airline unloaded all the luggage and the man was going to have to stay in a motel overnight so he gathered his luggage, including the properly cased gun. The local Nazis discovered him with the gun and arrested him for having a firearm. He went to jail, and even the judge declared him in violation of the law (this was before the latest obscene laws). The last I heard, he was in prison, even when he followed all laws but the East Coast mafia decided he was "carrying." So, if you can't ship them, as mentioned above, best to take I-90 on a Sunday afternoon, stop as rarely as possible and obey all laws. Then, hope you don't get stopped. You may want to pack food so you don't have to stop for that and gas up just before entering the imperial territory to minimize any other stops. You need to be sure where you have your guns in the truck bed in a way that is totally inaccessible to anyone, even if you were in an accident. I would imagine, given the history of LE in NY, if you are stopped for any reason and they discover you are transporting, they would find some way to charge you for illegally possessing firearms. IMHO.
 
My daughter's in-laws are defense attorneys in NYC. Based on their legal advice, I will NEVER take a firearm into NY state for ANY reason whatsoever.
 
If you need an address in VT to ship to, please let me know. I know what you're facing, surrounded by MA, NY and all other states nearby. I live in SO VT, and basically don't carry any weapons anywhere else. But here?? Whole different barrel of apples. Let me know if I can help.
 
It's perfectly legal to travel with your handgun through NY. It must be locked and unloaded. Your final destination can not be NYS. Passing through the state is fine.
 
As a (involuntary) resident of the People's Republik of New Yark, I would advise you to be EXTREMELY cautious in taking anything like a firearm through the Soviet Socialist Republik. Traffic stops can and are made for no really good reason. Your firearms may be confiscated and you can be arrested depending on the political leanings of the local DA. Should you decide to pursue a legal route you will be out thousands of dollars to have the charge (eventually) dismissed at the appellate level but there is still no guarantee that you will ever get your firearms back. Ship them to an FFL closest to your destination and don't try to take them through the state.
 
As a (involuntary) resident of the People's Republik of New Yark, I would advise you to be EXTREMELY cautious in taking anything like a firearm through the Soviet Socialist Republik. Traffic stops can and are made for no really good reason. Your firearms may be confiscated and you can be arrested depending on the political leanings of the local DA. Should you decide to pursue a legal route you will be out thousands of dollars to have the charge (eventually) dismissed at the appellate level but there is still no guarantee that you will ever get your firearms back. Ship them to an FFL closest to your destination and don't try to take them through the state.

Wow...sounds like you've been stopped a few times....for NO REASON.

To the original question of this thread, I'll say it again... I'd stick with the gun(s) locked in one case, ammo and unloaded mags in another locked case. In NY you are not required to notify LEO, so if there is no suspicion, there is no probable cause for a search. Do not stop to sight-see or for lodging (I believe gas and/or food and rest room stops would be OK). Just do the speed limit and you shouldn't have any problems.

To take it one step further... I've been a life-long resident of NY and have driven the I-90 for business and pleasure for most of my adult life. That's a lot of years. I can't ever recall anyone, including out of state vehicles being pulled over without cause.... so if you give them no cause, they can't go on a fishing trip! If you have a sedan, keep them in the trunk. If you have a SUV, keep it stowed in the rear, inaccessible to any of the passengers...out of site and inconspicuous, just in case you are unfortunate enough the have a flat. The troopers will pull behind you and put on their lights to alert other traffic & I've seen them chatting with the driver and/or occupants(many times actually smiling). Don't give them any reason to suspect you are transporting weapons. Have a safe and pleasant trip through NY. It's actually some pretty country...not all of NY is like NYC.
 
NYS is like Communist Soviet Union... NJ even though they have a RINO governor is like Czechoslovakia (Of the Same time period). The next time i visit relatives in the GARDEN STATE I might have to only carry a Nine round magazine.
 

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