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Old 12-21-2010, 07:09 PM  
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Montgomery, AL
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Traveling thru NY with firearm

I will be passing thru NY. Is it legal to be carrying it in trunk while traveling?
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Old 12-21-2010, 08:27 PM  
JCJ
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Webster, New York
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yes, it's legal but it doesn't mean you wont have to defend yourself in court from some activist cop, prosecutor and judge.

[IMG]PART I--CRIMES
CHAPTER 44--FIREARMS Sec. 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.

(Added Pub. L. 99-360, Sec. 1(a), July 8, 1986, 100 Stat. 766.)
Prior Provisions
A prior section 926A, added Pub. L. 99-308, Sec. 107(a), May 19, 1986, 100 Stat. 460, provided that any person not prohibited by this chapter from transporting, shipping, or receiving a firearm be entitled to transport an unloaded, not readily accessible firearm in interstate commerce notwithstanding any provision of any legislation enacted, or rule or regulation prescribed by any State or political subdivision thereof, prior to repeal by Pub. L. 99-360, Sec. 1(a). Effective Date Section effective on date on which Firearms Owners' Protection Act, Pub. L. 99-308, became effective, see section 2 of Pub. L. 99-360, set out as an Effective Date of 1986 Amendments note under section 921 of this title.[/IMG] ? 926A. — ?Interstate transportation of firearms. - US ? 926A. — ?Interstate transportation of firearms. - US Code :: Justia -- US Laws, Codes, Statutes & Cases -- Justia



Quote:
FEDERAL LAW ON TRANSPORTATION OF FIREARMS

A provision of the federal law known as the Firearms Owners? Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess such firearm to any other place where he or she may lawfully possess it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. FOPA also seems to provide for necessary stops, like gasoline and rest.

Travelers should be aware that some state and local governments treat this federal provision as an ?affirmative defense? that may only be raised after an arrest.
NRA-ILA ::
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Old 12-21-2010, 08:58 PM  
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Rochester, NY
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Originally Posted by JCJ View Post
yes, it's legal but it doesn't mean you wont have to defend yourself in court from some activist cop, prosecutor and judge.
Good post JCJ. Expect even more trouble in NYC. Bottom line is: Lock it in the trunk - lock the ammo in a separate box and don't any reason for it to be discovered.
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Old 12-28-2010, 01:47 PM  
AdironDoc
 
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Nassau, NY
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I'm assuming you mean a long barrel gun. I just finished the hunting license course where this was discussed at length and also ran it by my friends in NYPD. Transport of a long gun no problem in NY except NY City. As stated, lock it (I use a trigger lock) and put it in the trunk, or back of your SUV. Ammo goes in glove box, locked. The rub is for those who must pass through NY City on their way north. Technically, the instructor noted that one must present themselves to the nearest precinct, inform the desk seargent of their route and get a pass. Nobody suggested this was even remotely a good idea. My friends in NYPD shake their heads and say much better to keep quiet, give no troubles, and obey the NYC law that states, "make no unnecessary stops" while in transport. Of course, if given a reason, they can give you grief regardless. Pistols..that's a whole 'nuther matter. Cheers
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Old 12-28-2010, 11:56 PM  
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Montgomery, AL
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Thanks for all the replies. I will definately avoid NYC.
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Old 12-29-2010, 01:00 PM  
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Red Hook, NY
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Make sure you are not transporting a pistol, long arms only. There are no provisions in NY for anyone to be in possession of a pistol without a permit. And permits are granted only to NY state residents who apply. No exceptions!
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Old 12-29-2010, 03:31 PM  
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New Paltz, New York
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IIRC for the OP as stated you can transport a rifle aka long gun but not a hand gun, unless you have a NYS hand gun permit. However, if you are enroute either to or from a
competition shooting event you can transport a handgun. You must have proof that you are a competitior of the event. Of course it has to be locked and without ammo in said gun. And it does not mean you won't have an issue if "gun smoke" pulls you over. A

And as posted you can not carry in NYC and it would be best to not have any gun in the city for that matter.

Bottom line if you do get pulled over or stopped be up front with the officer and let him/she know you have a weapon in the vehicle and where you are going with it.
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