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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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.So if you get stopped and they ask if you have any firearms in the car, what do you say?
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.
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.
Advised by whom? That's FOPA protocol. Going to Long Island is not FOPA. FOPA is for going to another state.
in a locked container and the trip through the city of New York is continuous and uninterrupted.
The penal law makes no mention of it being unloaded. Just in a locked box.
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.Two different practicing attorneys.
Advised by whom? That's FOPA protocol. Going to Long Island is not FOPA. FOPA is for going to another state.
Not entirely. The law says "place" not "state"
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"?
Advised by whom? That's FOPA protocol. Going to Long Island is not FOPA. FOPA is for going to another state.
Two different practicing attorneys.
Regardless of the title, the language of the law itself is crystal clear.
You need to find some smarter attorneys, or at least ask for your money back. FOPA doesn't apply.