Tinman
.308 Win
I will be traveling to Long Island soon and I want to keep my carry gun with me. I know I can’t carry in NYC, but what is the best way to get it through the city and onto the island?
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How do I travel through NYC with my firearm?
- Thread starter Tinman
- Start date
C3D
.308 Win
The best way is the way specified by Article 400 of the Penal Law. [Transport of a licensed pistol by a non-NYC license holder through NYC is OK] "if the firearms covered by [your] license are being transported . . . in a locked container and the trip through the city of New York is continuous and uninterrupted."
I make that trip all the time. I keep my hand gun locked in a portable lockable case on the floor of the back seat and the ammo in another locked case in my trunk. I don't want to risk the chance that I might have to stop (accident, traffic stop, etc.). NY City cops are not very forgiving when it comes to hand guns.
Steal2B
.700 Nitro Express
When plotting your path, I would also try to pick a route that minimizes time and milage on NYC roadways.
Tinman
.308 Win
So if you get stopped and they ask if you have any firearms in the car, what do you say?
Saltwater60
.950 JDJ
I’d keep it all out of sight. Not u see the back seat. All guns in the trunk of the car or in something inconspicuous.
If they ask you your supposed to answer truthfully.
If they ask you your supposed to answer truthfully.
You only need to answer if asked and make sure the gun is locked up and the ammo is not in the same locked case. Ammo and gun cannot be in the same case. I don't know where you are coming from, but I suggest you take 95 south to 295 to teh Throgs neck Bridge. This will take you through the Bronx very quickly.
After you go over the Throgs Neck bridge, take either the Cross Island Parkway or the Clearview Expressway south to Northern Blvd. Then take Nothern Blvd. East. You only have a few miles through the Bronx and after the bridge you are into Queens and then Nassau County. It's a 15 minute drive from the bridge to the Nassau County border if you go the way I suggest.
Deplorable Me
.577 Tyrannosaur.
Does it make sense to have a copy of Article 400 in your pocket as you travel through NYC?
Make sure your mags are unloaded.
Make sure your mags are unloaded.
C3D
.308 Win
While the advice to have the gun unloaded and the ammo separate is certainly prudent, it is not a legal requirement under Article 400.00.
Marine Cpl
.577 Tyrannosaur.
The penal law makes no mention of it being unloaded. Just in a locked box.
Article 400 | NYS Penal Law | Licensing Provisions Firearms
(b) 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;
Article 400 | NYS Penal Law | Licensing Provisions Firearms
(b) 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;
Steal2B
.700 Nitro Express
I was advised to concurrently comply with U.S. Code Title 18 § 926A Interstate Transportation of Firearms, which in part includes expectations for the firearm to be unloaded.
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 firearmto 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.
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 firearmto 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.
Marine Cpl
.577 Tyrannosaur.
Advised by whom? That's FOPA protocol. Going to Long Island is not FOPA. FOPA is for going to another state.
Steal2B
.700 Nitro Express
Two different practicing attorneys.
Acer-m14
.950 JDJ
Acer-m14
.950 JDJ
you might as well load it .. when NY finds a gun in the trunk and ammo in the glove box .. its loaded .
Marine Cpl
.577 Tyrannosaur.
Now are these practicing attorneys just telling you that for extra caution or is there something that they can point to? I suspect the former. Not trying to bust balls. Just want to know where they are getting their information from so that I can read it.
Bob
6.5 Creedmoor
Not entirely. The law says "place" not "state"
"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."
You do not have to answer a leo if he or she asks about weapons in your vehicle
Can The Police Ask You About Weapons During a Routine Traffic Ticket Stop?
Can The Police Ask You About Weapons During a Routine Traffic Ticket Stop?
The section of code itself is entitled
18 U.S. Code§ 926A.Interstate transportation of firearms
Would it not be called "intrastate" if they intended one "place" to be within same State as the other "place"?
Bob
6.5 Creedmoor
Regardless of the title, the language of the law itself is crystal clear.
C3D
.308 Win
You need to find some smarter attorneys, or at least ask for your money back. FOPA doesn't apply. The reason is that unless your movement is between two different states there is no jurisdictional basis for FOPA to apply (as it is a law promulgated pursuant to the unenumerated right to travel vs. the commerce clause).
But as I posted above it is prudent to comply.
The title points to the law's applicability does it not (or jurisdiction as stated above)? An non-licencee who is a resident of some other state than NY would be covered under FOPA while traveling from one place to some other place within NYS but a NYS resident doing same would not. Similarly a NYS licencee can travel from one place to another place within NYS (except NYC) with a concealed loaded pistol and doesn't need to secure it unloaded separate from ammo because FOPA is not applicable.
Steal2B
.700 Nitro Express
These attorneys went to a better law school than I did and I sought them since they had more experience (they are also active gun owners). Their indepedent recommendations were NOT made to ensure I did not violate expectations of Title 18 when cutting through NYC.
Based on their experience with NYC law enforcement, they advised us to secure the gun(s) and ammo in accordance Title 18 when passing through NYC. Some of the conversation indicated there were instances that would have been precluded or more easily resolved if some gun owners secured their gun(s) and ammo as described in Title 18.
One lawyer also commented on the prudency of following Title 18 for traveling through NYC, so that we always secure the guns / ammo the same way to help prevent a human performance error when / if we travel through a State that does not recognize our various permits. The lawyer gave an example of a Long Islander driving through NYC and NJ to get to PA (where they had a non Resident Permit) and was unfortunately in a habit securing a loaded gun (when traveling through NYC when going to Westchester) when they were stopped in NJ.
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