Do not fly out of NY AIRPORTS


risque1

risque1
:mad:While flying out of LaGuardia airport I had a rude awakening. Even though I hold a Fl. license and was able to prove that I was coming From Pa going to Fl., these states are reciprical licensing states.
I tried to check my weapon thru the nice agent held me up till the Port Authority Police showed up and tried to arrest on NYC's Sullivan law. The weapon was unloaded and in a locked container, as per federal rules.
I had to quote title 16 of the federal statute, and I paraphrase (A person coming from a state where he is licensed to carry a weapon, going to another state the he is licensed in my carry it thru unlicensed states if properly pack in a lock container)
:angry:I had to threaten the officer with a civil rights case against him till he backed off and check the weapon thru.

:yu:I am a retired cop so I had no problem go nose to nose about the law. I wouldn't advise everyone to do that.

:fie:Neither the officer involved nor the rookie partner wanted that kind of action against them.
If I had not known the law I would have spent a small fortune clearing this up.

:laugh:I advise everybody to gat a copy of title 16 and tape it into your gun cases, it's cheaper than a lawyer.

:cray:My brother found an article on the web that the Queens County and Albany County DA's have order everyone carrying a weapon, even in a locked container and unloaded be arrested.
Well it is my opinion that all they did was route me through New Jersey where I have no problems in either direction.:sarcastic: Newark Airport is much friendlier when flying.
 

Cooter

Liberty or Death
Wow, close call. Sounds like you handled it well. Glad to hear it didn't turn too ugly. :biggrin:
 

wayneco

New member
Would someone post a link to the pages I should print? I occasionally transit through New York, I really don't want to become an activist DA prosecution statistic for a non-crime if at all possible.
 
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Acouple more.....

Per Handgunlaw.us

The best way to travel through NY or any state that has restriction is to carry a copy of Title 19-Part 1-Chapter 44 926A of the federal code with you. Some law enforcement may not know the law. DO keep the firearm in a locked box. Keep ammo in another locked box. No ammo in Magazines or speed loaders in the trunk or if no trunk as far back in the vehicle as possible in a locked box. This covers all bases. All of this may not be necessary but it may save you some grief.

The official house website page for that code:

Link Removed

Still printing? Let's go ahead and throw a copy of the TSA's page on the shipping procedure!

TSA: Traveling with Special Items

Escape from New York, indeed! :wacko:
 

LVLouisCyphre

Obama is a mack daddy!
This is common practice in NJ and NY. There is a lawsuit pending because of an Link Removed. NJ (Newark) is a bit more traveler friendly because of this lawsuit. :wink:
 
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HowardCohodas

New member
There has already been a statement by the Attorney General of the State of New York indicating that this type of passage is legal. Since you are printing things anyway, print this:

http://www.handgunlaw.us/documents/doj_doc_nyc_air.pdf

:pleasantry:

Actually, it's a letter from the Office of the Assistant Attorney General, U.S. Department of Justice.

I put this together in another forum which may prove helpful. Link Removed
 

GHF

New member
Flying With Your Favorite Traveling Companion

Having traveled a number of times, here's how I go at it:
  • Put the unloaded weapon(s) in a lockable hard-sided case with locks only you have the keys to open. TSA locks are not allowed.
  • Check the airline(s) you are flying on:
    • Determine if the ammo MUST be in boxes OR can fly in loaded magazines.
    • If loaded magazines are permitted, make sure the pouches fully cover the magazines.
    • The round from the pipe(s) must be in a box, not loose.
  • Secure and protect magazines and ammunition boxes from possible damage.
  • Put the lockable hard-sided case with the weapon and the ammo/magazines into a cheap, non-descript bag - with clear labeling outside and inside - for checking in. The labeling should be limited to:
    • Your Name
    • Your Cell Phone - if you have one, or your home phone if you do not
    • Your personal email address - if you have one
    • NO ADDRESSES, JOB TITLES, ORGANIZATIONS SHOULD BE INDICATED
  • Other stuff - like shampoo, mouthwash, toothpaste, etc, could be in this checked bag also.
  • Have the rules for the airline in hand when you check this non-descript bag at the airport.
  • Make sure you have the keys to the lockable hard-sided case with you and you alone (Per Federal Regulations 49CFR § 1540.111 Carriage of weapons, explosives, and incendiaries by individuals - Link Removed) at all times. You will have to open the lockable hard-side case
    • to demonstrate to the airline that the weapon(s) are not loaded at check in
    • if the TSA wants to see.
  • Have the serial number(s) and descriptions of your weapons on you, so if they "disappear" you can report the loss/theft immediately to the:
    • airline
    • FAA Regional Office
    • ATF Regional Office
Other things to consider:
  • Check www.handgunlaw.us and/or Link Removed to determine:
    • If you can possess the weapon at all your stops.
    • Where and how you can carry at all your stops.
    • What are the deadly force rules in each state you are visiting.
  • Have a copy of the Don Young Transportation Letter on hand - Link Removed. This covers changing modes of travel - car to plane to car - in a single journey.
 

tag1737

New member
Flying out of a NY airport is NOT a problem if you have a NY Pistol License.

It seems that the Albany and NYC DA's are not respecting the Federal Transport of firearms protection. The federal protection cover the transport of the firearm in the trunk or inaccessible area of a vehicle. Once you take it out of the vehicle in NY, your in trouble.

The DA obviously does not care about any documentation you may have. The Sheriff has been instructed to arrest you if you have a firearm and do not have a valid NY Pistol License. I understand that the Sheriff himself has asked the DA to back off on this to no avail.

I go up to the counter in Albany, declare my unloaded S&W 9mm, fill out a small form, Sheriff comes to check my pistol permit, TSA checks the bag, some times they check the firearm other times they don't, and I'm on my way to Orlando.
 
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fredmaidment

Individuals Rule
I am a Georgia resident with family in CT. Traveling to HPN, LGA, EWR and JFK is often far less expensive than BDL or HVN. As a result, when I travel to visit family, I'm often traveling via a NY airport.

A few years back, I went to see my cousin's wedding in New York, staying with family in Connecticut. I flew into HPN (White Plains). No problems on the way in, and no laws against the law-abiding (even those from other states) possessing a firearm in a locked case in CT. I went to the wedding in NY, leaving the firearm at my family's home, then showed my M1911A1 to a friend while there in CT.

On my return trip, I declared my firearm to the TSA Agent. The TSA Agent notified a LEO at the airport, who came over to question me.

Now a little about my background: I was a Ground Security Coordinator for an airline a few years back. I am intimately familiar with the laws regarding TSA responsibilities and the transportation of firearms by air. The TSA, at the time, was not permitted to call a LEO when a firearm was being legally transported (that is, unloaded in a locked case in checked luggage). Nor was the TSA permitted to assist local law enforcement with the enforcement of local laws, but rather only Federal laws. In other words, the TSA Agent that started all of this broke the law.

So anyway, the LEO arrives to question me, asks for identification. I know NY is very skittish about guns, so I don't question anything, I simply comply. I informed the LEO that the firearm was mine, I had just arrived from CT and was returning to GA. The LEO asked me for my NY firearms permit. I told him I was a GA resident and didn't have one (NY law would not permit me to obtain one, anyway, as you must be a resident of the State of New York to obtain an NY permit).

A few more minutes of questioning, and I was escorted to a room where four LEOs inspected the firearm and the questioning officer asked more questions. A few minutes more, and I was informed that I was being arrested for having a firearm without a permit in the State of New York. Embarrassing as this was, at that exact moment my cell phone rang. It was my father, who had just dropped me off and was shocked to find out I was being arrested. Dad never did much with me and firearms; he allowed the Boy Scouts and Civil Air Patrol to introduce my brother and I, but he'll be damned if anyone is going to take his 1911, his two rifles or his double-damascus.

I was placed in handcuffs and driven to a nearby county police station. The officer was genuinely and profusely sorry. He kept stating he didn't want to arrest me and believed every law-abiding citizen should be allowed to have a firearm, but that his senior officer had informed him that I should be arrested (it was the first month of the arresting officer's tour at the airport). I was placed in the search cell, where they put you to search you when you arrive, but wasn't searched. I waited there three hours until the Captain of the precinct came in to inform me that I was being officially "unarrested" (whatever that means), and that I would be permitted to continue my travels, even take my gun with me. Apparently, the DA in the county at the time was dealing with an Army Colonel who had been given the same treatment, and it was giving the County a PR "black eye."

I found out later that, having missed my flight, the County had purchased me another ticket (I found this out when I got my AAdvantage statement and had received frequent flier miles for my return trip--my original flight was an AAdvantage reward ticket!). I was released to my father, who drove me back to the airport. Before leaving, the Captain informed me that the next time I travel in NY, don't bring my gun.

Since then, I've simply chosen not to travel in NY. I know my rights, and I'll defend myself in court if I have to, but I'd rather not give the socialist myrmidons in that state one red cent if they're going to violate both the US and NY State Constitutions...
 
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stuckinnj

New member
tag --

the only problem with your suggestion (to get a NY Pistol license) is that NY does not issue non-resident licences. I live in Northern NJ, on the NY line, and there is a range 3 miles from my house in NY. However, it is illegal for me to drive into NY to go to the range, thus forcing me to drive 40 minutes to the closest NJ range. I have inquired about obtaining a non-resident firearms ID card from the Rockland County (NY) Court Clerk, who issues the ids, and was told it was impossible.

stuckinnj
 

tag1737

New member
Do not fly out of NY Airports if you don't have a NY permit

Stuckinnj,

I don't believe I suggested you get a NY permit as this is impossible for non-residents.

I merely wanted to point out that this thread title "DO NO FLY OUT OF NY AIRPORTS" could alarm NY residents with permits. It did me and was the reason I jumped on it.

If your a non-resident, you are screwed.

I just got back from Florida with my PPK and my experience at Albany airport was quite pleasant. Deputy was very friendly, he verified my permit was valid with a quick radio communication. TSA came over an asked the deputy if it was all ok, and I was on my way. My wife and I arrived early just in case there was an issue but the process took less then 3 minutes.

The thread name should be changed to "Do not fly out of NY Airports if you don't have a NY permit"

TAG
 

chroode

New member
I cannot find anything pertaining to handguns

Bill Status Search by Bill Number

ADC - New York City Administrative Code(NEW)

Title 10 Chapter 3
§ 10-305 Exemptions.

i. (1) Non-residents in transit. Any other provision of this chapter
to the contrary notwithstanding, a non-resident of the city of New York
who, without a rifle and shotgun permit issued hereunder, enters the
city of New York possessing a rifle or shotgun in the course of transit
to a destination outside the city of New York, or a non-resident of the
city of New York who enters the city of New York possessing an assault
weapon in the course of transit to a destination outside the city of New
York, shall have a period of twenty-four hours subsequent to such
entering to be exempt from penalty under this chapter
for the unlawful
possession of a rifle, shotgun or assault weapon, provided that such
rifle, shotgun or assault weapon shall at all times be unloaded and in a
locked case, or locked automobile trunk, and that said non-resident is
lawfully in possession of said rifle, shotgun or assault weapon
according to the laws of his or her place of residence.

NYS law shows NO exemption for handguns except for shooting events.
New York Penal Law Section 265.20 - Exemptions. - New York Attorney Resources - New York Laws
Article 400 - Penal Law - Licensing and Other Provisions Relating to Firearms
 

chroode

New member
I also found this.....

Link Removed


Caution--New York is the only state that prohibits the transportation of handguns without a license. Travelers should therefore be particularly careful since they face severe consequences should they inadvertently violate the state's highly restrictive statutes.
 

gradywhite2000

New member
2010 NYC Airport Experience

First post...

Reading this thread encouraging me to make some calls before flying out of LaGuardia Airport - (Live in CT, traveling to AZ - both states I am legal to carry). I started with the NY State Attorney General. They said they do not interpret law and passed me onto the New State Police. I asked the State Police if it is OK flying through New York and quoted federal law 929A, Title 18 that says it is fine to "...transport a firearm for any lawful purpose from any place where he may lawfully posses and carry such firearm to any other place where he may lawfully posses and carry such firearm...”. There are a number of guidelines that must be followed (locked, unloaded, etc.), however, the interpretation is that I should be OK as long as I am in direct transit from point A to point B - both locations where I am legal. The State Police said they were familiar with the law I mention and that if I do everything by the book I would be fine. They then suggested I check with the Port Authority Police that have jurisdiction of the NYC airports. The officer transferred me to the Port Authority Police. Speaking with the Port Authority Police, I got the exact same response that I got from the State Police - I would be OK flying through NYC. It was then suggested I get transferred to the NYC Police. The NYC Police Officer said he was also familiar with the federal law I mentioned above, however, he would be instructed by his supervisor to "arrest me on the spot". I asked the same question and number of different ways - it was clear the officer knew I got it and did my homework. He basically said direction from above would be to arrest me.

I called the NRA who passed me onto a lawyer that deals with travelers who have been detained by the NYC Police when traveling legally through NYC airports. The lawyer confirmed that, in fact, NYC Police will arrest people traveling through NYC airports despite federal law 926A - Title 18. He said he would likely be able to get you off, however, only after a missed flight, a lot of money, and a lot of headaches to TRY to get your gun back.

Link Removed

Link Removed

I want to note that everybody I talked to where very helpful, reasonable, and supportive. Even the NYC Police officer who delivered the bad news was almost apologetic. It became quite evident that the direction to cause trouble for law abiding gun owners was purely politically driven – a larger discussion for another day.
 

Rocketgeezer

New member
I moved South almost 30 years ago, have had several weapons since, visited NY twice in those 30 years, wife and I both had our guns with us locked in the car of course, but never did get near any airports, whats really ironic, even with all the NYC area gun laws the BGs still have all the guns they need???????????????
 

OldOwl

New member
Excellent job and good advise, thank you.

I travel a lot for work, but almost always drive. None the less the same law applies, so I always check with the state I'm going to. Even though them might not reciprocate with my state on CC, they often have the Castle Doctrine, which still makes it legal for me to keep a hand gun in my hotel room/work place, but must be locked up traveling between the two each day.

Just one tidbit of info. Always check by calling the airline first. I've heard that there are a FEW who will NOT allow you to check your guns because they will not transport them. It would really suck to get to security and find that out last minute.

Ironically when I DO fly, I usually just leave my guns home to prevent the hassle. But I carry my tools in a rifle case because they fit so perfectly. They treat me like a criminal just for THAT, but I'm used to the routine now.
 

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