Can you transport through the state of NY

[wild eyed willy]

Can a non resident passing throught the state of NY on route to another destination transport firearms if locked in the trunk and not loaded?

 

[CPW1265]

If you are legal to possess that firearm in another state and it is secured in a hard sided locked case with a trigger lock or cable lock rendering the firearm unable to load a round and fire. You can pass through any state as long as you are passing through without stops unless getting food or gas. There is something about if you were to stay over in a hotel or motel but unsure.
Have a safe trip

 

[walt629]

Go here for detailed info: Link Removed

 

[wild eyed willy]

Go here for detailed info: Link Removed

This was helpful, thanks.

 

[jg1967]

I would still avoid it if I could. There have been numerous incidents where people where arrested at NY airports that had properly secured firearms in their possession and wanted to correctly check them in with the airline. I realize of course they were flying and not driving but simply said NY is just insane when it comes to guns. Just my 2 cents.

 

[v65magnafan]

In NYS, if you do not have a NYS license (and in NYC if you do not have a NYC licence) even transporting a handgun in your trunk is a presumptive felony.

Even if it is unloaded, trigger locked, case locked, and trunk locked, it is a presumptive felony. If you have ammo locked in the trunk, it is considered accessible. This adds to your sentence, which will be in a NYS penitentiary.

The presumption extends to any passengers in the vehicle, whether or not they know the firearm is in the trunk. Note the exemptions noted in the NRA info.

Title 18> Part 1> Chapter 44> S. 926A is considered a defense in NYS, not an exemption.

The NRA link is accurate, but I just want readers to grasp the extent of the difficulties one faces in NYS/NYC if caught. NJ is equally as anti-2A.

The question is, will the local DA press charges?

 

[wild eyed willy]

so how do you get to the rest of the country, when blocked in by the state of NY? There is no way to get west or south without crossing NY or NJ

 

[santa]

New York City and State needs to read the United States Constution where it says that the Constution and Federal law is the supreme law of the land superceeding New York State and City law. However to aviod any problem I aviod gun unfriendly states like New York or California and I let them know why.

 

[jg1967]

so how do you get to the rest of the country, when blocked in by the state of NY? There is no way to get west or south without crossing NY or NJ

That's the beauty of gun bans: It's not their problem, it's yours. They don't care a iota how you could possibly comply.

 

[sgtyoung85]

so how do you get to the rest of the country, when blocked in by the state of NY? There is no way to get west or south without crossing NY or NJ

If you read the New York law carefully there is an exception for people traveling through New York to their final destination in which they would be allowed to carry, as it is federal law.

 

[sgtyoung85]

Meant to say in my response as long as the firearm is lock away a cannot be accessed

 

[wild eyed willy]

If you read the New York law carefully there is an exception for people traveling through New York to their final destination in which they would be allowed to carry, as it is federal law.

Can you paste the part where it says that? The portion I read in the link several posts above, said that federal law offers a defence for such an occasion.

But a defence means you have allready been arrested, been to jail and are returning to court... I don't want to go through that much ****.... Just want to bring my guns on vacation, Without having to pay to ship them ahead of time...FFL to FFl

 

[v65magnafan]

Sgtyoung, could you please provide a reference to that exemption? I have never seen it.

In fact, and I cannot stress this enough, In NYS, Title 18, as referenced in my quote above, is not an exemption. It is a defense. You can use it at your trial, after you have been arrested, arraigned, probably denied bail, spent $20,000 on a lawyer, who, if s/he does not understand firearms law, will encourage you to plead guilty. Try passing a NICS check after that.

Keep in mind that I am not a lawyer. So I take no responsibility for this advice. Speak to a qualified firearms lawyer before doing this.

If you are travelling in NYS or NYC, and you do have a properly locked and cased handgun in your trunk, and you are stopped for an infraction, and the officer asks to search your car, say no, not without a warrant. The officer it limited to what s/he can see in the vehicle in plain sight.

However, you can be detained. The officer can detain you until a drug or gun dog arrives on the scene. This can be a long time. The gun dog may detect your firearm. You are then officially cooked in NYS. Your last hope is that the local DA is a gunnie.

I am an American currently residing in Ontario. It is convenient for me to travel through NYS to get to the rest of the country.

I must declare my firearm upon entering the U.S. CBP may check my firearm for USC transport and serial number. Neither they nor the NYSP are interested in New York's denial of 2A rights, so I make my way through NYS ASAP.

By the way. Sometimes a trip into and out of Canada is a shortcut for American travellers. Do not try to enter Canada with a firearm--without first getting the paperwork done. It actually can be done, but you must know how. If you try to sneak one in, you will go to jail.

 

[BC1]

You can absolutely pass through the state under federal law. There have already been some cases dismissed and a precident has been established but that doesn't mean a LEO won't initially arrest you. But the same holds true for most states, not just NY. Once the facts are established that you are passing through the charges are generally dropped. But!!!!! You now have an arrest record... not good.

NYS PL S265.20(13-a): Exemptions - allows for a non-resident to enter NYS with a handgun under certain circumstances. The NRA link fails to mention one of those circumstances. you can enter NYS for purposes of training provided you are taking an NRA certified class, have proof of registration, have your home state FOID or CCW license ane have locked your unlloaded gun in the trunk. You may enter 48 hours before the class and must be gone within 48 hours of class completion.

The actual wording is:

Section 265.20 Exemptions
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15and 270.05 shall not apply to:​

13-a. Except in cities not wholly contained within a single county of the state, possession of pistols and revolvers by a person who is a nonresident of this state while attending or traveling to or from, an organized convention or exhibition for the display of or education about firearms, which is conducted under auspices of, or approved by, the National Rifle Association.​

I go to NJ for training all the time. It's like a deoderant commercial... see how much I sweat.

 

[wild eyed willy]

I'm too old for this much BS, I'll just pay to have the guns shipped......

 

[twogunwilly]

I'm too old for this much BS, I'll just pay to have the guns shipped......

That's what they hoped you'd say. Don't speed, don't run red lights and don't consent to a search. Use all of your rights not just the 2A

 

[wild eyed willy]

That's what they hoped you'd say. Don't speed, don't run red lights and don't consent to a search. Use all of your rights not just the 2A

Very good advice, I have driven through NY many times with no problems, got two speeding tickets. More than likely nothing would happen, its just that what if factor. You are completely correct, a right not excersized is a right lost.

I can understand NYC being anti gun, but NYS that doesn't make any sence at all, there is awsome wilderness and hunting there. why are they so against the rest of the country?

 

[v65magnafan]

I can understand NYC being anti gun, but NYS that doesn't make any sence at all, there is awsome wilderness and hunting there. why are they so against the rest of the country? [/QUOTE

Because the huge population center, NYC, and Erie County (Buffalo) control the state legislature. Many NYS county sherrifs are pro-gun. It's easy to get a NYS CCW in some counties, almost impossible in a few others.

A similar situation exists in Illinois, California, Wisconsin, and probably Maryland and Massachusetts. The city leftists run the show.