Northern states OK to bring pistol?

[bkcraun]

My 21 year old son is planning a trip to visit a friend in NY state. He will be traveling through Maryland, WV, PA, NJ and NY state. Is he OK bringing along his 9 mm pistol? Should he separate the magazine and gun? Case everything? Don't even try? He's not planning on open carry, just having it in his overnight bag or trunk. Suggestions?
Maybe just bring his 870 pump instead?

 

[bigjohnson]

NY state allows residents of other states to bring handguns into NY under the following circumstances ONLY:
1. They are participating in a formal shooting competition sanctioned by the NRA;
2. They have WRITTEN proof that they are participating in said competition;
3. They bring their handguns into NY state not more than 48 hours before the competition;
4. They remove their handguns from the state not more than 48 hours after the end of the competition.

Under those circumstances, I would tell your son to leave his pistol at home. The shotgun can be transported under the provisions of the Firearm Owners Protection Act of 1986 (18 US Code Section 926A). But unless your son plans to do some shooting with it while in NY, it's probably better to leave that one at home, too. The police in both NY and NJ don't look too kindly on out-of-staters with guns of any sort.

 

[Solo Flyer]

bigjohnson is correct.
Under FOPA,1986 your son is not protected carrying the handgun into NY and ending his journey there.

USC 926 - Sec. 926A. Interstate transportation of firearms
18 USC - U.S. Code - Title 18: Crimes and Criminal Procedure (January 2004)

Permanent Link: http://vlex.com/vid/19190852

Text:
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.

 

[romma]

The police in both NY and NJ don't look too kindly on out-of-staters with guns of any sort.

They don't look kindly on their own subjects with guns of any sort either...

 

[Prince Yamato]

Don't even try?

Unless he is a NY resident, has a NY driver's license, and has the pistol listed on the license, he CANNOT (barring aforementioned exceptions) bring a pistol into NYS or NYC. To do so is a felony. Pre-ban AW or non AW rifle or shotgun is OK though as are Pre-ban mags. NYS has an AWB that is a mirror of the old federal one.

He's not planning on open carry, just having it in his overnight bag or trunk. Suggestions?

No! That's illegal CCW.

Maybe just bring his 870 pump instead?

Yes, but it can't be kept loaded in the car. I don't know if it's a state-wide law or county specific, but in most of NYS, you cannot have a loaded rifle or shotgun in your vehicle.

Also, if he's going into NYC (not just Manhattan, but any place considered under the lawful jurisdiction of NYC proper) he has to have a NYC permit for ANY weapon in his possession. Permits are only issued to NYC residents.

Keep in mind, certain cities have laws concerning what configuration the shotgun may be in as well. For instance, the city of Rochester does not allow pistol-grip only shotguns within the city proper.

 

[bkcraun]

Many thanks for the replies!

 

[Phil DeGraves]

Maryland, NJ and NY he'd get in trouble. He'd probably be okay in Penn. and W.Va.

 

[Aguila Blanca]

NJ state law actually repeats (verbatim, IIRC) the language of the FOPA. For many people this means that transporting through NJ in accordance with the FOPA isn't the big deal some people make of it. In this case, however, since possession would not be legal at the destination in NY, the FOPA does not apply and the NJ state version would not apply. NJ officers don't LIKE giving a free pass to guns traveling through their state, so it's best not to press the issue.

For the original poster, I think your son would be best advised to leave the firearms at home.

 

[kevindsingleton]

I think the best advice is to vacation in a state where you're not required to be a disarmed victim!

 

[alistaire]

Your son and his friend should rendevous in a Free State like PA. They can go shooting...

 

[Scoutsout2645]

NJ LEO here: As long as he has a valid out of state permit (if your state issues permits) he can transport through our state on the following conditions:
1) weapon is not in the passenger compartment. If the car does not have a trunk that is inaccessible to the passenger compartment, the weapon must be locked in a case.

2) weapon is unloaded, meaning empty chamber and magazine out of the weapon. For the 870, empty chamber and empty tube.

3) any ammo/loaded mags MUST be in a separate bag from the weapon

4) no stopping for range practice or any extended stay within NJ Stops for gas or food are OK but honestly I'm not sure about overnight at a motel. Then again, as long as he doesn't draw unwanted attention to himself (like waving around the gun in the parking lot, or getting tuned up and disorderly so that the PD is called) the police aren't going to be checking him out, so...

Hope this helps.

 

[Scoutsout2645]

Oh...and MAKE SURE he's allowed to have the gun/s where he's ending up. I don't know NY State laws on the issue, but if he's planning the trip to NYC, there's a city law that prohibits you from bringing in a firearm.

 

[Sam]

Face it,
There is no good way anyone can deal with NY or NJ when it comes to firearms. If they won't accept your firearms, deny them your money.
Tell your son to vacation out here in New Mexico.
We will be glad to have him.

Sam