Traveling through NY with a firearm

[jmr40]

My wife and I are planning a road trip through New England from GA to Maine this summer. Will drive through Tennessee, Virginia, West Virginia, Pennsylvania, New York, Vermont, and New Hampshire. I'm good everywhere but NY.

The way I'm reading the laws there is simply no way for a non-resident to have a firearm in the vehicle. Even if unloaded, stored in a case, and inaccessible.

From the NRA website

Non-Residents
It is unlawful for any person to carry, possess or transport a handgun in or through the state unless he has a valid New York license.

Then there is this: says maybe as long as I'm just passing through.

Fed Interstate 18 USC § 926A — Vehicle carry unloaded and secured
These sections of the code were intended to protect the passage of travelers (who can legally possess a firearm) to transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm. The firearm must be unloaded, and neither the firearm nor any ammunition can be readily accessible from the passenger compartment. 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. It is recommended that ammunition be in a separate, preferably locked container.

Right now I'm thinking the best bet is to not chance it and just not carry a gun on the trip. We've done similar trips to western states multiple times. We sometimes pass through places like Illinois, Nebraska, and New Mexico where I need to unload and store the guns somewhere. But this looks like a road block. Can't get to Maine without driving through NY. And Niagara Falls is a planned stop.

Have I missed something? Is the federal law allowing travelers to carry worth the risk? We will be gone about 2 weeks and will tent camp at some spots.

 

[jrmiddleton425]

My wife and I are planning a road trip through New England from GA to Maine this summer. Will drive through Tennessee, Virginia, West Virginia, Pennsylvania, New York, Vermont, and New Hampshire. I'm good everywhere but NY.

The way I'm reading the laws there is simply no way for a non-resident to have a firearm in the vehicle. Even if unloaded, stored in a case, and inaccessible.

From the NRA website



Then there is this: says maybe as long as I'm just passing through.



Right now I'm thinking the best bet is to not chance it and just not carry a gun on the trip. We've done similar trips to western states multiple times. We sometimes pass through places like Illinois, Nebraska, and New Mexico where I need to unload and store the guns somewhere. But this looks like a road block. Can't get to Maine without driving through NY. And Niagara Falls is a planned stop.

Have I missed something? Is the federal law allowing travelers to carry worth the risk? We will be gone about 2 weeks and will tent camp at some spots.

If you stop at a destination in New York (as you plan to at Niagara Falls) FOPA will not cover you.

 

[troy fairweather]

You will be driving right by my house,

 

[jmr40]

You will be driving right by my house,

Can I bring you anything from GA?

If you stop at a destination in New York (as you plan to at Niagara Falls) FOPA will not cover you.

That is the way I was interpreting it as well.

Oh well. I may have to do it, but I don't have to like it.

Jesse Dayton - May Have to Do It (Don't Have to Like It) [Official Lyric Video] - Bing video

 

[troy fairweather]

Can I bring you anything from GA?

I'm good be cool to pass ways tho, there's some nice views once you get a hour North of nyc. If you know your exact route me or others can recommend some fun shops, most ammo is in stock near and primers are coming in on hoping on some lrp soon. There's some other cool stops then just the falls.

 

[herrwalther]

Long and short of it is, don't bring any firearms to NY. FOPA will only cover you so much and NY is not a state you want to test the legal limits of that protection in. I will be visiting NY this summer as well and will be thoroughly unarmed while there.

 

[jmr40]

If you know your exact route me or others can recommend some fun shops,

Google wants to send us up the coast and though Maryland. I want to see western Pennsylvania and then western NY before heading across Vermont. The exact route will be fluid. We will have a few ideas, but if something interesting comes up we'll stop and change plans. I drive, my wife navigates.

We will probably take a slightly different route coming home. On a certain level seeing DC, Boston, and NYC is tempting. But we are both more interested in seeing the rural areas and small towns of New England.

 

[WVRJ]

Never been to NYC.Or DC.My wife couldn't believe I've never been to either city.She said a few years ago that we were going to make sure I got to see both cities.I agreed and said I would go as soon as I could take a pistol to protect us with.Rapid discussion shutdown because she knows I don't go anywhere without a weapon.

 

[toivo]

Long and short of it is, don't bring any firearms to NY.

Long guns are fine everywhere outside of New York City, as long as they don't fit the state's definition of an "assault rifle." Long story short, no mags over ten rounds, no semi-autos with a detachable mag and one "assault" feature. I would bring a pump or semi-auto shotgun with a tubular magazine. That's perfectly legal. If you want a semi-auto rifle, I suggest Mini-14, Saiga if you can find one, or SKS with fixed magazine. All of those are legal.

 

[Mousegun]

N.J. makes N.Y. seem like the most gun friendly state in the nation. Avoid N.J. if you can. Save passage laws from the fed are sometimes considered simply a suggestion, not the rule.

 

[dh1633pm]

Enjoy your trip through the state. I live near Syracuse. Don't forget the Adirondack park. Not worth it to have an unlicensed pistol with you.

 

[GEM]

Ditto on the handguns, don't do it. Long guns, except NYC, as described. If you do travel with a long gun make sure it is SAFE compliant. For example, a Ruger PCC without a threaded barrel and no higher cap magazines. Store as described. Or a Ruger 10/22 - only a 22 LR but not a trivial gun. Both guns are very popular here. A compliant Min-14 works. A mundane pump shotgun works.

 

[Cayle]

Leave your handguns in Pa and pick them up on the way home.

 

[F-111 John]

NY and NJ treat the FOPA as an affirmative defense at trial.

https://www.nraila.org/get-the-facts/firearm-transportation/

 

[Regdor1999]

Wow, this is an eye opener! I really had no idea. I don't usually carry while on a road trip, but did this last time as I was alone and was going to do some solo hiking to take a break while driving through NY state.

 

[Doug444]

I used to live in NYS, it's really a nice place except for the taxes and gun laws. I had a pistol permit, but it was limited to only listed pistols, and even though it said "Good until Revoked", about 10 years ago (after moving away long before that), they changed that and now it's no good. I have lots of family back there, but I rarely visit. Not just because of the gun laws, but life happens, you know? Go with the SAFE-compliant long gun and enjoy your trip.

 

[Old Dog]

Not worth it to have an unlicensed pistol with you.

Screw New York. I've flown in twice (JFK and LaGuardia) with a legal firearm (LEOSA) -- the attention one gets is so over the top, it's almost not to be believed -- and so I cannot imagine the hassle regular citizens must face in that state. Boycotting NY and counting the days 'til my family members escape. There's plenty of other states that have better scenery, better hunting, better restaurants, better skiing... you get the point. Just way too much drama.

And I still get p.o.'ed that I have to pack a handgun with 10 round mags or less when I go to visit our property in California...

But at least it's not a circus in the SoCal airports like it is in NY.

 

[hso]

best bet is to

stick with a shotgun or go around NY

 

[dh1633pm]

Thanks for quoting me, but I don't live in NYC and don't go near the place. Yes we go through a lot, but no more than CA, OR, or WA. In rural NY we don't worry too much about NYC. Like HSO said stick with a shotgun. We can even have semi shotguns without doing anything special to get them like waiting a month or asking "mother may I". Enjoy your vacation to Maine. Been meaning to go there myself.

 

[troy fairweather]

Thanks for quoting me, but I don't live in NYC and don't go near the place. Yes we go through a lot, but no more than CA, OR, or WA. In rural NY we don't worry too much about NYC. Like HSO stick with a shotgun. We can even have semi shotguns without doing anything special to get them like waiting a month or asking "mother may I". Enjoy your vacation to Maine. Been meaning to go there myself.

There's a place called wheatherbys in Maine I always wanted to checkout, rent a cabin to hunt and fish. There maybe better places in the state tho. Plus sea food and maybe do some salt water fishing.

Some just won't understand N.Y. State and how the city can affect us in up state of not affect us. Think years ago, ny was the fishing capital of the world, the place everyone wanted to hunt and are farms supplied much of the U.S..

 

[Speedo66]

NYS has amazing scenery, huge wilderness areas, beautiful rivers and mts., a Great Lake, world class fishing off Montauk, great deer yield and other hunting, and all the food and cultural aspects of NYC. Lots to see and enjoy.

I realize this is a gun site, but it doesn't make sense to trash talk all that because of the gun laws.

OP, best advice as previously mentioned several times, if you must have a firearm, bring a compliant long gun, not a handgun.

 

[Old Dog]

NYS has amazing scenery, huge wilderness areas, beautiful rivers and mts., a Great Lake, world class fishing off Montauk, great deer yield and other hunting, and all the food and cultural aspects of NYC. Lots to see and enjoy.

I realize this is a gun site, but it doesn't make sense to trash talk all that because of the gun laws.

OP, best advice as previously mentioned several times, if you must have a firearm, bring a compliant long gun, not a handgun.

Apologies if it seemed like I was talking trash about all of New York -- I am certainly aware of the state's natural beauty and it's home to some wonderful people (my daughter and son in law for example). It is simply that for many of us, we have decided we cannot support the laws of the state and it's not worth our time and money to have to deal with the drama and the hassle. I still love California, but will never live there again, either.

 

[Pistolay]

stick with a shotgun or go around NY

Unfortunately, if you're going to or from New England, there's no way to go around New York. I'm in New Hampshire (and legal in MA and CT), and if I find myself heading south, I will store my guns in a FOPA compliant fashion and drive the shortest route from CT to PA at the speed limit. If anything happens that you get caught in NY, FOPA will save you, from everything I've read, but not until you get to court. As they say, the process is the punishment.

 

[herrwalther]

Long guns are fine everywhere outside of New York City, as long as they don't fit the state's definition of an "assault rifle."

Right now I'm thinking the best bet is to not chance it and just not carry a gun on the trip.

Considering this thread mentioned a carry gun, I intentionally omitted non "assault weapon" shotguns and rifles. But yes. The non assault defined versions of those weapons can be used as a defensive measure in the state. I kept a Remington 870 police shotgun for a HD weapon living in far upstate NY in between military duty stations. I would have preferred handguns, but they were a no no, being purchased out of state. If NY gun laws were feasible, I would visit my family more often.

 

[Gun4Fun90]

My wife and I are planning a road trip through New England from GA to Maine this summer. Will drive through Tennessee, Virginia, West Virginia, Pennsylvania, New York, Vermont, and New Hampshire. I'm good everywhere but NY.

The way I'm reading the laws there is simply no way for a non-resident to have a firearm in the vehicle. Even if unloaded, stored in a case, and inaccessible.

You may want to consider contacting an organization like gun sitters https://www.gunsitters.com/ the have locations around DC, PA & NJ and basically will let you store your guns temporarily for a fee.

This way you can still take your guns on your trip but will have somewhere safe to store them where you can leave them while you are on the NY portion of your trip.

I live in DC and keep my guns at the DC location due to my roommate situation. They are safe and trustworthy, and only you will have a copy of your locker key, they do not keep a copy.

They do not have walk-in storefronts so you will need to call in advance to schedule a time to drop-off/pick-up. But other than that they are confident enough.