Traveling TO NY (not NYC)

[Bigcarlover]

So if I travel into NY for a visit leave the guns at a residence, and do not return them to the vehicle until on my way back your of NYS, am I ok? If so, what are the transport rules (locked in trunk, no ammoin same general area, etc.).

I'm afraid I already know the answer, but I hope I'm wrong.

 

[BIGJOHN621]

I'd love to help you but I don't understand the question.

 

[nogods]

When you have the weapons in your car in that hypothetical I don't think you qualify for protection under FOPA because you aren't traveling through NY State. Instead, NY State was your destination.

FOPA applies to transporting 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"

You have to travel between two places where you can lawfully possess a firearm. You can't travel from one place where you can legally possess a firearm to NYS then back to the same place you started from.

That plus the fact that you stayed in NY rather than traveled through it would hook you.

 

[Bigcarlover]

As a SC resident with a permit, I'm free to carry all the way to NY. However NY doesn't recognize a permit, and without one, one cannot carry in a vehicle. Now with Federal law you are allowed to carry through the state, but does that mean if my destination is to a residence in the state, can I keep it in the trunk until I get there?

In other words, I want to have it ready in my vehicle for safety, but if I'm not allowed to bring it in the state at all, then that means a couple thousand miles round trip without protection.

 

[BIGJOHN621]

If your destination is a house in NY, you cannot bring a gun into the state. Also, unless you are taking a different route than up the east coast, you will not be able to carry in MD or NJ either without a specific permit from each of those states. If you have a non-resident permit from either of those two, please send me a copy as I have a standing bet that they don't really exist.

 

[Phillip Gain]

As a SC resident with a permit, I'm free to carry all the way to NY. However NY doesn't recognize a permit, and without one, one cannot carry in a vehicle. Now with Federal law you are allowed to carry through the state, but does that mean if my destination is to a residence in the state, can I keep it in the trunk until I get there?

In other words, I want to have it ready in my vehicle for safety, but if I'm not allowed to bring it in the state at all, then that means a couple thousand miles round trip without protection.

YOU CANNOT BRING THE GUN INTO NEW YORK UNLESS YOU ARE PASSING THROUGH,AND THE GUN IS LEGAL BOTH AT YOUR POINT OF DEPARTURE AND AT YOUR DESTINATION.

Because your destination is in NY, you are not covered under Firearm Owners Protection Act (FOPA).

The only legal (but ridiculous) solution is to rent a safe deposit box (or other secure storage) just outside of NY's borders, and store the gun there for the duration of your visit in NY, then collect it on the way home.

 

[cgiven1]

YOU CANNOT BRING THE GUN INTO NEW YORK UNLESS YOU ARE PASSING THROUGH,AND THE GUN IS LEGAL BOTH AT YOUR POINT OF DEPARTURE AND AT YOUR DESTINATION.

Because your destination is in NY, you are not covered under Firearm Owners Protection Act (FOPA).

The only legal (but ridiculous) solution is to rent a safe deposit box (or other secure storage) just outside of NY's borders, and store the gun there for the duration of your visit in NY, then collect it on the way home.

Exactly what I plan to do this summer when I ride my motorcycle from Texas to NY.

 

[rchery59]

When you have the weapons in your car in that hypothetical I don't think you qualify for protection under FOPA because you aren't traveling through NY State. Instead, NY State was your destination.

FOPA applies to transporting 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"

You have to travel between two places where you can lawfully possess a firearm. You can't travel from one place where you can legally possess a firearm to NYS then back to the same place you started from.

That plus the fact that you stayed in NY rather than traveled through it would hook you.[/This persons info is spot on +1. The fact that your destination is NY leaves you in a pickle

 

[BC1]

Don't do it. You may enter/remain in NYS with your handgun when attending NRA sponsored training or competition and then only within 48 hours of the event. You must have a copy of the event registration confirmation and must keep the gun locked and unloaded at all times.

See NYS PL 265.20 - Exemptions

 

[Peconic_Paladin]

Everyone's right: if you're going to NY as the destination and you want to bring your handguns, you can't. You must go THROUGH the state, not stop in it. Long guns you can.

 

[guttercat2000]

What a great state we live in.

 

[BIGJOHN621]

Wait until Adolf Bloomberg is Governor.

 

[snatale42]

If you have a non-resident permit from either of those two, please send me a copy as I have a standing bet that they don't really exist.

I've got a buddy who does armed security in MD (we live in VA). He said they grant reciprocity for employment only. Doing that, rather than taking his money for a non-res would suggest they may in fact not exist.

 

[SCfromNY]

Find a handgun competition near your destination. Sign up so you have proof. Competitions are usually on a Sunday so Friday and Saturday you could visit with your gun locked away and then also have Monday and Tuesday because of the 48 hour rule. You could just be "sick" the day of the shoot and not attend.

 

[CapGun]

As a SC resident with a permit, I'm free to carry all the way to NY. However NY doesn't recognize a permit, and without one, one cannot carry in a vehicle. Now with Federal law you are allowed to carry through the state, but does that mean if my destination is to a residence in the state, can I keep it in the trunk until I get there?

In other words, I want to have it ready in my vehicle for safety, but if I'm not allowed to bring it in the state at all, then that means a couple thousand miles round trip without protection.

Congratulations! You understand it perfectly. Now if you are going to visit family in NYS leave your gun home. No need to wonder about this anymore. Instead you might ponder the word "infringe".

 

[CapGun]

Find a handgun competition near your destination. Sign up so you have proof. Competitions are usually on a Sunday so Friday and Saturday you could visit with your gun locked away and then also have Monday and Tuesday because of the 48 hour rule. You could just be "sick" the day of the shoot and not attend.

wow this seems like a "doable" answer to this situation. Just maybe one should attend the competition just to be on the safe side. Will have to check into this.

 

[BC1]

What a great state we live in.

Well, it's not bad for us personnally. But it's rediculous to treat non-residents this way.

 

[BC1]

wow this seems like a "doable" answer to this situation. Just maybe one should attend the competition just to be on the safe side. Will have to check into this.

Here's the statute on it...

NYS Penal Law S265.20(13-a)

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 and in which he is a registered participant, within forty-eight hours of such event, provided that he has not been previously convicted of a felony or a crime which, if committed in New York, would constitute a felony, and further provided that the pistols or revolvers are transported unloaded in a locked opaque container together with a copy of the convention or exhibition program, convention or exhibition schedule or convention or exhibition registration card. Such documentation shall constitute prima facie evidence of exemption, providing that such person also has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence. For purposes of this paragraph, a person licensed in a jurisdiction which does not authorize such license by a person who has been previously convicted of a felony shall be presumed to have no prior conviction. The superintendent of state police shall annually review the laws of jurisdictions within the United States and Canada with respect to the applicable requirements for licensing or registration of firearms and shall publish a list of those jurisdictions which prohibit possession of a firearm by a person previously convicted of a felony or crimes which if committed in New York state would constitute a felony.

This allows the non-resident to enter NY two days prior to the class, competition or gun show, remain during the period of such, and to leave within two days of completion of the event or class.

 

[snatale42]

Well, it's not bad for us personnally. But it's rediculous to treat non-residents this way.

Not bad for residents? last time I checked they make RESIDENTS wait months on end for permits, that don't even allow you to carry 90% of the time! Hows that not bad?

 

[BC1]

Not bad for residents? last time I checked they make RESIDENTS wait months on end for permits, that don't even allow you to carry 90% of the time! Hows that not bad?

You checked? Who did you check with? Uncle Joe's friend Jim who lived in NY in 1950?

I can't keep explaining this to those who think they know NYS law. There's no conspiracy of people sitting around holding up permit applications. There is no 90% of the time anything. You're making a generaliztion without any knowledge of the facts or law. We've been in the permit business a very long time and speak from experience, not generalizations. Now you'll need to state exactly what the 90% means and where it came from. Then we can straighten you out on your knowledge. It's real popular to bash NYS. It's contagious like a head-cold, only it's ignorance.

First, they don't MAKE you wait months on end for permits. My wife's permit took 78 days and had no restrictions of any kind. The state backlogs for mental health and criminal checks are extremely long. Staffing has been cut in many areas and NYS has a HUGE number of new applicants at any one time. There is a very large population of people with CCW permits. 1.3 million in all. No one is claiming this state is great, I'm only dispelling this incorrect myth about the state level permit process.

We average about four months for a permit. Unresticted permits are the norm. There are some "activist" judges who require some initial restrictions but these are generally lifted later.

Virginia? You just lifted the "one-gun-per-month" rule on Februar 28, 2012. That was insane gun control. NY has no limits.
Virginia? You may have ever been convicted in any court of a misdemeanor crime punishable by more than 2 years even if the maximum punishment was not received? NY has nothing like this. Only violent misdemanors affect permits.
Virginia denies unlawful users of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any controlled substance? What the hell is that? NY has no issue.
Virginia denies persons who, within a 36 consecutive month period, has been convicted, under Virginia law, of 2 misdemeanor offenses for Possession of Controlled Substance or Possession of Marijuana? NYS has none of this nonsense.
Virginia disallows carry in a church? Insane. No law here.
Virginia requires safety and training as a prereq? NYS requires nothing.
Virginia requires informing LEo you're carrying. NYS does not.
Virginia requires renewal of CCW permits. NYS permits are valid for life.

While VA is a great state for gun owners it does practice certain levels (as nearly all states do) of gun control as noted above. Pleeeeeease everyone, stop confusing NYS laws with NYC law.

I vote to not hijack this thread any further. OK?