Driving through NY with a handgun.

[Luke Hordyk]

Alright you chilled Northerners, I am going up to upstate NY for a funeral. I carry through all states that recognize my 2nd amendment rights, and carry permit. other than separating ammunition from firearm and locking up the firearm, is there anything else that I should be aware of? I am taking a Glock 23 it has a 13+1 rd magazine, which will be empty upon reaching the ny state line. Is having the gun locked in the glove box and the ammunition in my center compartment enough, or should I throw a safe (sarcasm) Handgun case in the trunk?

 

[JimPage]

The magazine is illegal in NY state. Locked box, ammo in separate compartment, required. Don't stop overnight or you may be prosecuted.

 

[bofh]

You didn't specify from which state(s) your carry permit(s) are from (especially from your state of residence) and through with states you will be traveling. How about looking up the firearms possession and magazine capacity restrictions of the states you are going through, especially of NY state? Just for starters, from www.handgunlaw.us:

Transporting Firearms Through New York

The best way to travel through NY or any state that has restriction is to carry a copy of Title 18-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. By NY Law if you are traveling across the state and can legally possess the firearm where you started and where you are going you can transport it as above. But if you stop in NY and spend the night in a motel/hotel/camp ground etc you are in violation of NY law and can be arrested if found with a firearm. Stopping for gas and food would most likely be OK but this is not a given in NY.

Chemical Sprays/Stun Gun/Higher Capacity Magazine Laws

Notice: The United States District Court Western District of New York on 12/31/13 struck down the law that only 7 rounds could be loaded in a magazine in New York. The Court also upheld other parts of the SAFE Act. You can possess 10 rd magazines.

NY has put out info on the SAFE ACT and it states this:

Q: How many rounds can I put in my magazine?

A: While at a recognized range, whether you are there for recreation or for participating in shooting competitions, you may load the full ten rounds into any magazine you have. Starting on April 15, 2013, you are limited to putting 7 rounds in the magazine in all other locations.

There is litigation concerning the above.

The New York State Police Guide to the Safe Act Revised

Look up the actual laws currently in place, especially the NY SAFE ACT. As far as I understand it, your Glock 23 would be illegal in NY with a 13-round magazine, independent of how many rounds you actually load. Ignorance of the law is not a defense in a court of law.

 

[NavyLCDR]

Alright you chilled Northerners, I am going up to upstate NY for a funeral.

Since NY is your DESTINATION and you are NOT traveling THROUGH New York - in your case, your possession of the handgun will become illegal the minute you cross the NY state line regardless of how you transport it. The title of your thread was misleading. The Federal Firearms Owners Protection Act regarding the interstate transportation of firearms will not apply because the gun is illegal for you to possess at your destination.

 

[Luke Hordyk]

I am from the state of TN and I have checked all the other states I am passing through. NY is the only one that I may have problems with. Is it the magazine that is illegal, or the gun? I can get a blocked magazine at 6 rds. if it makes NY feel any safer.

You didn't specify from which state(s) your carry permit(s) are from (especially from your state of residence) and through with states you will be traveling. How about looking up the firearms possession and magazine capacity restrictions of the states you are going through, especially of NY state? Just for starters, from www.handgunlaw.us:





Look up the actual laws currently in place, especially the NY SAFE ACT. As far as I understand it, your Glock 23 would be illegal in NY with a 13-round magazine, independent of how many rounds you actually load. Ignorance of the law is not a defense in a court of law.

 

[bofh]

I am from the state of TN and I have checked all the other states I am passing through. NY is the only one that I may have problems with. Is it the magazine that is illegal, or the gun? I can get a blocked magazine at 6 rds. if it makes NY feel any safer.

NY has a 10-round magazine capacity limit. It is not associated with the firearm itself. Glock does produce Link Removed for nanny states. I highly recommend getting the Glock OEM magazines to avoid running into feeding reliability issues. Glock handguns sold in nanny states come from the factory with these magazines (marked with a white label on the box, as opposed to the red label for more than 10 rounds).

Howdy, from Knoxville.

 

[NavyLCDR]

I am from the state of TN and I have checked all the other states I am passing through. NY is the only one that I may have problems with. Is it the magazine that is illegal, or the gun? I can get a blocked magazine at 6 rds. if it makes NY feel any safer.

The gun itself is illegal in New York.
http://www.handgunlaw.us/states/newyork.pdf

RV/Car Carry Without A Permit/License

It is illegal to carry any loaded firearm in any motor vehicle without a valid New York Permit/License to Carry. It is legal to transport a legal firearm through New York but if you interrupt your trip you are breaking the law. What is an interruption to your trip could be for the jury to decide. (See transporting firearms thru NY above) NY also has restrictions on the type of firearms you can possess in NY and Magazines that hold more than 10 rounds or can be converted to hold more than 10 rounds are illegal. Use extreme caution when transporting a firearm through NY.

From the NRA/ILA on Transporting Firearms through NY.

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).

Since you are not traveling TO a place where you may lawfully possess the handgun, the Federal Firearms Owners Protection Act does not apply. The gun will be illegal for you in New York, period. Your trip is not a trip through New York....it is a trip TO New York.

NY has a 10-round magazine capacity limit. It is not associated with the firearm itself. Glock does produce Link Removed for nanny states. I highly recommend getting the Glock OEM magazines to avoid running into feeding reliability issues. Glock handguns sold in nanny states come from the factory with these magazines (marked with a white label on the box, as opposed to the red label for more than 10 rounds).

Howdy, from Knoxville.

His possession of the handgun would be illegal in New York even if there were no magazines or ammunition at all with it.

 

[bofh]

Is having the gun locked in the glove box and the ammunition in my center compartment enough, or should I throw a safe (sarcasm) Handgun case in the trunk?

About that part. Read 18 U.S. Code § 926A - Interstate transportation of firearms:

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.

Also, inform yourself about the local law where you will be staying in NY. From NRA-ILA | Guide To The Interstate Transportation Of Firearms:

A number of localities, including Albany, Buffalo, New York City, Rochester, Suffolk County, and Yonkers, impose their own requirements on the possession, registration, and transport of firearms. Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city. Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or “the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted.” Possession of a shotgun or rifle within New York City requires a permit, which is available to non-residents, and a certificate of registration.

Edit: Read NavyLCDR's post above. Traveling to vs. traveling through is legally a difference. I started my post before I could read NavyLCDR's post.

 

[bofh]

I think, this clears it up:

Possession - Handguns

A license is needed to possess a handgun. The application is made to the licensing officer of the city or county where the applicant resides, is principally employed, or where his principal place of business as a merchant or storekeeper is located. An alien may obtain a pistol license if he or she meets these requirements. NY Penal Law § 400(3).

You can't bring a handgun into NY state as a visitor. Period.

 

[Luke Hordyk]

hmm, thanks guys. I will get a lock box in Pennsylvanian to leave it in.

 

[DavidWhite]

Even locked and empty, your gun is still illegal to have in NYS.
You don't have a permit to own a gun in NY.

 

[apvbguy]

Alright you chilled Northerners, I am going up to upstate NY for a funeral. I carry through all states that recognize my 2nd amendment rights, and carry permit. other than separating ammunition from firearm and locking up the firearm, is there anything else that I should be aware of? I am taking a Glock 23 it has a 13+1 rd magazine, which will be empty upon reaching the ny state line. Is having the gun locked in the glove box and the ammunition in my center compartment enough, or should I throw a safe (sarcasm) Handgun case in the trunk?

no can do, legally you can drive THROUGH new york, however your journey ends in NY so you obviously are not driving THROUGH ny

 

[ladiesman217]

Well being a once resident of New Russia i can tell you once you cross the state border in to Ny you have 4 option. 1. Hide your Glock in PA. 2. Have current ID stating you are current or retired Law Enforcement under LEOSA. 3. Try fate and keep it in vehicle with 50/50 chance of getting caught. 4. If stopped and glock is found become a future inmate at any NYS correctional Facility.

And yes a 13 round mag in NY is like owning a rocket launcher. Both will get you deep in the poo pool. Just another reason i left New Russia for North Dakota where it is gun friendly.

 

[Banjarmon]

Going to NY??? I hope you don't get caught and if you do I pray you have a good lawyer! Good Luck!

 

[togterry]

Sadly I am a New York State resident - thank God I do not live in the city!!!! If you are going through NYC you face a mandatory one year sentence. The city of New York does not recognize NYS permits of any kind. They do not recognize any other state permits. They only recognize NYC permits which are next to impossible to get. There is also no drive through courtesy in the city. I am ashamed to say I live in this state and my wife and I are beginning to plan to move.

 

[CapGun]

There is only one way to bring a handgun into NYS without a New York permit. You can do this if you are registered to attend/compete in a NRA sanctioned event. In which case you can be there two days and two days after the event. That does not mean carrying. It means locked up except at the event itself. Navy was very clear on his correct advice. What I have posted here really has nothing to do with the actual question but I thought I would throw it in. Sorry but there you go. Any NRA event around the time of your visit? Plenty of less SAFE states to attend an event. I'd avoid NY NJ MD.

 

[kelcarry]

Travel in a toilet, expect to be **** on.

 

[OffshoreJim]

So this post is a couple years old and I was wondering if anything has changed. I am driving to the Rochester Area from Louisiana and would very much like to have my gun with me on the trip. Any help would be appreciated.

 

[bofh]

So this post is a couple years old and I was wondering if anything has changed. I am driving to the Rochester Area from Louisiana and would very much like to have my gun with me on the trip. Any help would be appreciated.

Nothing has changed. Obey the law and leave the gun at home, or break the law and take it with you. What is more important to you? Getting caught with it or getting caught without it? That's pretty much a decision you have to make for yourself.

 

[niceshootintex]

So this post is a couple years old and I was wondering if anything has changed. I am driving to the Rochester Area from Louisiana and would very much like to have my gun with me on the trip. Any help would be appreciated.

Jim,
If you are coming from Louisiana, I'd bypass NJ and NYC completely and go up to Western NY through PA. I'd then defer to NY State laws which aren't good but NJ and NYC are are Draconian.

The Place To Be