Conceal Carry while driving through NYC

masterswimmer · Dec 4, 2017

Your upstate permit is NOT VALID in NYC or the 5 boroughs.

In order to get your handgun to Suffolk County you'll need to unload the gun, put it in a locked container in your trunk, and lock up your ammo separate from the locked gun. You can make NO STOPS within the confines of NYC or the boroughs. You can drive directly to your destination without stopping.

Yes, the no CCW within NYC holds the weight of the law. I would not suggest challenging it. It is not like the administrative restrictions of hunting, fishing, target shooting, etc.

Marine Cpl · Dec 4, 2017

Here is the law taken from Penal Law 400. It makes no mention of having to unload or have the ammunition separate. A locked container containing everything is sufficient.

Article 400 | NYS Penal Law | Licensing Provisions Firearms

Such license to carry or possess shall be valid within the city of New York in the absence of a permit issued by the police commissioner of that city, provided that

(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;

Eddie Gunks · Dec 4, 2017

How does it go? It is only against the law if you get caught?

In the 90s i used to carry in NYC. Of all the places i go this is the one where i actually may need it!

BUT! Ever since that asshole football player got caught in the night club, there is now MANDATORY jail time for illegal handguns in nyc.

Be smart.

GOYABEAN · Dec 4, 2017

don't forget your passport :banghead:

Magnus · Dec 4, 2017

Rule No. 1 of doing illegal things, never tell the cops you’re doing illegal things. They start throwing around fancy words like under and arrest.

SomeSoldier · Dec 4, 2017

Nanook145 said:
This is interesting. I would have thought locking up your gun would only have been required if you were stopping and spending the night in NYC or something like that. I thought that FOPA allows you to carry the way you always do in ANY state so long as you are just passing through. I certainly will not lock any of my weapons up (as to me that defeats any purpose) so I would rather just leave it home then.

Incorrect. If your permit is not recognized by the state you are driving though, you can not carry and must lock up your firearm.

GOYABEAN · Dec 4, 2017

Nanook145 said:
This is interesting. I would have thought locking up your gun would only have been required if you were stopping and spending the night in NYC or something like that. I thought that FOPA allows you to carry the way you always do in ANY state so long as you are just passing through. I certainly will not lock any of my weapons up (as to me that defeats any purpose) so I would rather just leave it home then.

The rotten apple is a special place the land of make believe :screwy:

Jmac00 · Dec 4, 2017

it's called **CONCEALED CARRY** for a reason.

I have not been to the shitty since 2001 or 2002, But if you're going to do illegal things in the shitty, here's what my attorney told me (his also a town justice)

1) Make sure every single light on your vehicle works, including the license plate light and if applicable, all marker lights (this includes removing any license plate advertising rings from your plates so the entire plate is visible)
2) Obey every single traffic law. if you come to a stop sign, make sure you're *completely* stopped. count to three if you have to, just to be sure. USE YOUR TURN SIGNALS.
3) don't hit anything.....ANYTHING! Not a curb, not a person, not a mailbox, nothing
4) If stopped for whatever reason, keep your mouth shut. DO NOT VOLUNTEER any information. No matter how mad you maybe for being pulled over, talk like you're talking to your grandmother. Be as unbelievably polite as possible. and as Ron White once said "you have the right to remain silent ~~~ but I didn't have the ability"

Your whole goal here is to not attract attention to yourself or your vehicle, period! Good luck, drive safe

MoMan · Dec 4, 2017

Ridiculous! :banghead:

Marine Cpl · Dec 4, 2017

Nanook145 said:
This is interesting. I would have thought locking up your gun would only have been required if you were stopping and spending the night in NYC or something like that. I thought that FOPA allows you to carry the way you always do in ANY state so long as you are just passing through. I certainly will not lock any of my weapons up (as to me that defeats any purpose) so I would rather just leave it home then.

You cannot spend the night in the NYC with your pistol using an upstate permit under any circumstances. None. The only exemption you get is when driving through without stopping and it's locked up.

MikeGrad · Dec 4, 2017

its not worth the jail time if you get caught.

Marine Cpl · Dec 4, 2017

MikeGrad said:
its not worth the jail time if you get caught.

Get caught doing what? Transporting it is legal.

masterswimmer · Dec 4, 2017

Jmac00 said:
it's called **CONCEALED CARRY** for a reason.

I have not been to the shitty since 2001 or 2002, But if you're going to do illegal things in the shitty, here's what my attorney told me (his also a town justice)

1) Make sure every single light on your vehicle works, including the license plate light and if applicable, all marker lights (this includes removing any license plate advertising rings from your plates so the entire plate is visible)
2) Obey every single traffic law. if you come to a stop sign, make sure you're *completely* stopped. count to three if you have to, just to be sure. USE YOUR TURN SIGNALS.
3) don't hit anything.....ANYTHING! Not a curb, not a person, not a mailbox, nothing
4) If stopped for whatever reason, keep your mouth shut. DO NOT VOLUNTEER any information. No matter how mad you maybe for being pulled over, talk like you're talking to your grandmother. Be as unbelievably polite as possible. and as Ron White once said "you have the right to remain silent ~~~ but I didn't have the ability"

Your whole goal here is to not attract attention to yourself or your vehicle, period! Good luck, drive safe

Duly noted. However, sometimes the unexpected does happen. ie:You're sitting motionless at a red light and you get rear ended. This is called an accident (mostly because it can't be called a planned). You need to go to the hospital and your car needs to be towed. You are now potentially going to get jammed up.

Bottom line, be very careful with the recommendation to carry illegally. The repercussions could be life altering for the good guy.

masterswimmer · Dec 4, 2017

Willjr75 said:
Get caught doing what? Transporting it is legal.

Not if it's on your person going through the borough's.

MikeGrad · Dec 4, 2017

masterswimmer said:
Not if it's on your person going through the borough's.

Thanks masterswimmer, that's what i meant. trying to work and post on NYGF at the same time. Failing at both.

C3D · Dec 4, 2017

You can be assured of felony charges if found out. You really don't need a gun in your waist to go over the Cross Bronx and take the bridge.

And - if you are stopped - for speeding, flat tire, accident, whatever - tell nobody you have a pistol, including the police.

I use a locked hard sided attaché case for transport through the city because I can carry it away from a wreck and not look suspicious. Also - this may be obvious - all rifle cases, ammo, targets, etc. - should not be visible from outside the vehicle.

Marine Cpl · Dec 4, 2017

Nanook145 said:
I suppose a good question to add to this discussion is whether anyone has ever heard of a person from upstate with a NYS permit getting successfully prosecuted for getting caught carrying in NYC?

I've searched and have never seen it. It doesn't happen often that people get caught. Most people are smart enough to conceal properly and aren't stupid enough to inform that they have one.

The last one in the news was a teacher from some upstate county that got caught in a metal detector entering the Statue of Liberty.

Read what happened to her in the article below.

Gun Case Against Teacher Dismissed

Bob · Dec 4, 2017

Nanook145 said:
Guess it has been a while since I've been downstate......really felony charges for driving through a city in your home state with a permit? I knew NYC was messed up but I didn't realize it was this far gone. I suppose a good question to add to this discussion is whether anyone has ever heard of a person from upstate with a NYS permit getting successfully prosecuted for getting caught carrying in NYC?

Last person with an upstate-issued CCW that I heard of being arrested in NYC for possessing a firearm was Diane Watkins in 2014. She is a Rochester City School teacher and was on a field trip to NYC with her class. Her firearm was found as she attempted to enter the Statue of Liberty. She was arrested and charged with CPW 2nd.

It took a year, but her charges were dismissed. She has also returned to the classroom after being suspended. I do not know whether or not her permit was revoked.

Greywolf224 · Dec 4, 2017

I pass thru the city a few times a week. For me if I plan on going south of Westchester I just do not carry nor bring my firearms along with me.

This thread provided some absolutely great reasons as to why you would not want to bring your fire alarms with you when heading through the five boro’s.

You really need to ask yourself is it worth it? Even if you are totally in the right. Is it worth it if you get stopped? Are you willing to take a large loan against your 401(k), possibly drain your savings, possibly take a loan against your house just so you could defend yourself.

Your call.

Marine Cpl · Dec 4, 2017

Greywolf224 said:
I pass thru the city a few times a week. For me if I plan on going south of Westchester I just do not carry nor bring my firearms along with me.

This thread provided some absolutely great reasons as to why you would not want to bring your fire alarms with you when heading through the five boro’s.

You really need to ask yourself is it worth it? Even if you are totally in the right. Is it worth it if you get stopped? Are you willing to take a large loan against your 401(k), possibly drain your savings, possibly take a loan against your house just so you could defend yourself.

Your call.

Yes. As long as you are abiding by their law, a public defender can get you off.

C3D · Dec 4, 2017

Bob said:
Last person with an upstate-issued CCW that I heard of being arrested in NYC for possessing a firearm was Diane Watkins in 2014. She is a Rochester City School teacher and was on a field trip to NYC with her class. Her firearm was found as she attempted to enter the Statue of Liberty. She was arrested and charged with CPW 2nd.

It took a year, but her charges were dismissed. She has also returned to the classroom after being suspended. I do not know whether or not her permit was revoked.

Watkins was a lucky lady. She was a likable African-American teacher at a science high school in the inner city with an otherwise spotless record. i.e., the most sympathetic defendant you could every put before a NYC jury. The Manhattan DA dismissed the charges because of that and also some targeted outreach by some very senior upstate politicians. As I said she was darned lucky, because she had been charged with CPW 2d, a Class C felony.

togmaster · Dec 4, 2017

Willjr75 said:
Yes. As long as you are abiding by their law, a public defender can get you off.

I wouldn't put my freedom in the hands of a public defender.

71velle · Dec 4, 2017

Follow the law.

Jmac00 · Dec 4, 2017

masterswimmer said:
Duly noted. However, sometimes the unexpected does happen. ie:You're sitting motionless at a red light and you get rear ended. This is called an accident (mostly because it can't be called a planned). You need to go to the hospital and your car needs to be towed. You are now potentially going to get jammed up.

Bottom line, be very careful with the recommendation to carry illegally. The repercussions could be life altering for the good guy.

absolutely true, But thats the risk people take when they decide to do something like this, Im just relaying a message my attorney told me. You and everyone else can do whatever you want and make whatever decision makes sense for YOU!

Greywolf224 · Dec 4, 2017

togmaster said:
I wouldn't put my freedom in the hands of a public defender.

Or anyone else if I could avoid it

M_F · Dec 10, 2017

I'm surprised this hasn't EVER been challenged in state or federal court, NYC is STILL part of New York State. Due to the anti-gun activist judges that we have here I don't see a win on our side if we were to challenge it and it would set bad precedent. This is one of the MANY reasons Concealed carry reciprocity needs to pass, and we can tell NYC and NYS to fuck off. You can carry legally in suffolk and nassau county, but if you cross the border into queens carrying you are committing a felony...ridiculous.

Conceal Carry while driving through NYC

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