Travelling through New York State

[Pilot]

I will be travelling throung New York State to CT for business and would like to take my handgun to keep in my hotel room where I am staying. From what I've read about NYS gun laws, you can not even transport an unloaded firearm which is locked and seperated from ammo through NYS. Is there any way to LEGALLY transport a handgun through NYS???

If this is true, New York is farther gone than even I thought. I would expect this from NYC, but not NYS.

 

[Demitrios]

You can transport but to do it legally is a bitch. You have to keep everything locked up seperately, contact the state police and let them know where you're coming from, where you're going and your route to get there. Most people don't even bother. I'm not saying you shouldn't but if you do get caught you will be in a WORLD of trouble. Just contact the state troopers and they'll walk you through what you need to do.

 

[Pilot]

Thanks for the response. How can I prove that I contacted the state police if I get stopped?

 

[fineredmist]

The key is wether you can legally possess the gun in Ct. Ct does not accept any out of state permits so if you don't have one forget the idea. Under Federal Law you can legally transport a unloaded firearm which is secure (locked in a case) and not readily available IF you are transporting from a place where you can legally possess it to a place where you can legally
possess it.
As far as talking to the State Police it would be like calling the IRS and asking for information. It all depends who you talk to and how well versed in the law with regard to transportation. You would be better off doing a search on the net for NYS laws regarding the transportation of firearms. Print it out and carry it with you.

 

[Pilot]

I am a PA CCW holder. I know there is no reciprocity with NY nor CT, but while travelling I believe your hotel or wherever you are staying is considered a domicile. I would not carry on my person in CT, just have it in my "domicile".

 

[Deanimator]

You can transport but to do it legally is a bitch. You have to keep everything locked up seperately, contact the state police and let them know where you're coming from, where you're going and your route to get there.

That is untrue and completely in contravention of the Firearms Owners Protection Act (FOPA).

Look up FOPA and comply strictly with its provisions. If anybody gives you a hard time while doing that, count on eventually being able to purchase a water cooled .50 BMG with all of the accessories at the offender's expense.

Federal law is NOT a "suggestion", even for the cops, even cops in New York.

 

[everallm]

Transporting from a place of legal ownership to another place of legal ownership is covered by FOPA and ther are NO requirements to inform or ask permission.

Your hotel room is NOT your domicile unless you own the hotel, so unless CT law explicitly excepts and permits it you area SOL. Check the NRA-IlA site to see what it says about out of state residents.

 

[bhk]

Trouble I have read about NYS is that, although they honor FOPA, some juristictions want you to prove in court that were were, in fact, on a peaceable journey through the state. What a crock!

 

[45Badger]

Put it in the trunk and drive.

Don't drive like an idiot, and don't mouth off to a cop if you (by really dumb chance) get stopped for driving 5 miles over the limit. They've got better things to do, and are not as freaky/anal/un-FOPA-educated as the more paranoid here would like to believe.

 

[Quiet]

Transport the firearm unloaded and in a locked container.

While in NY and CT, keep the firearm unloaded and in the locked container.

IMO.
In some states (NY/NJ), the FOPA helps you out during your court proceedings for possessing an illegal firearm and is not very helpfull while traveling.

 

[Yellowfin]

NY is ripe for a good whipping in court over their policies on pistols. When we get the SCOTUS to officially ram incorporation down their throat, which is almost exactly 100 years overdue, it's going to be open season.

 

[Deanimator]

In some states (NY/NJ), the FOPA helps you out during your court proceedings for possessing an illegal firearm and is not very helpfull while traveling.

If you're worried about it, print out FOPA. If the cop gives you a hard time, show it to him. If he refuses to look at it, or does and ignores it, that's evidence of a willful criminal act and a civil tort on his part. His qualified immunity instantly imitates the HMS Hood.

As I said, federal law's not a "suggestion". If a NY cop wants to flout it, he should expect to go bankrupt for the privilege. Don't fight him by the side of the road. Let him fight his wife over why they're living in her mother's basement.

 

[Yellowfin]

^ Perfect idea except that the LCAV will give that cop million dollar legal representation for free. You'd probably have to see the case tried outside the 2nd circuit, though, as the entire judiciary of NYS from what I gather is sworn to rule against gun owners 100% of the time regardless.

 

[Deanimator]

You'd probably have to see the case tried outside the 2nd circuit, though, as the entire judiciary of NYS from what I gather is sworn to rule against gun owners 100% of the time regardless.

Can you cite an instance where the 2nd Circuit ruled that FOPA doesn't apply in New York? I'll bet you can't.

 

[Demitrios]

I hate to tell you something but the fact of the matter is whether or not it's right or wrong if a cop pulls you over and confiscates your weapons the law isn't going to protect you on the spot. What the law WILL do is confiscate your guns, treat them terribly, you'll pay tons of money in legal fees for a period of months just for a judge to tell you something along the lines of the officers discretion was precedent. After they give you back your guns you'll have spent a lot of money and time just to have your firearms held onto and abused. And if you site FOPA right in front of a cop, guess what, if he has no idea what you're talking about he's taking your guns and will let the judge sort out what's now become your mess, right or wrong. Welcome to NY/NJ.

 

[Pilot]

^^^^^^^

Exactly the reason I will be leaving my gun at home. This is an important business meeting and I can't afford to be detained for ANY reason, especially one I potentially created myself by transporting a handgun through that "state".



http://www.nysrpa.org/nygunlaws.htm

 

[Deanimator]

Welcome to NY/NJ.

I'll counter with "Welcome to an encumbered title on your house. I hope you weren't EVER planning to sell it."

I'm still waiting for someone to cite a ruling stating that FOPA doesn't apply in ANY state, much less NY.

As I said, the cop can enjoy himself all he wants by the side of the road. It's no fun any more when he can't feed his family. NO settlements.

 

[scurtis_34471]

Follow the FOPA rules and you will be fine passing through New York. You can get a non-resident CCW in Connecticutt for $60 if you have a couple months of lead time. You should also check the laws in Connecticutt before you go. They are nowhere near as unreasonable as New York, New Jersey and Massachussetts.

 

[X-Rap]

NYS is the reason I became fond of the Sub 2000. It is compact, almost to the point of a pistol yet legal in NYS inside a res. of motel room.
Loaded mags and cased in a vehicle as well as hi caps are a seperate issue but when I go to NYS a Sub 2000 is what I carry.

 

[Demitrios]

We're not talking the legality of his weapons so much as the legality of transporting. I know in NJ you can ONLY transport from your home to a range or gun smith (that last part includes shipping your pistol for purposes of sale or repair) without stopping for any reasons. I don't know about NY, but I believe (in other words I'm not sure) that law is similar. And Deanimator, no offense, but that's an easy thing to say when you're not the one paying his legal bills on top of his mortgage, food bills, clothes for his family, etc.

 

[X-Rap]

The legality of the weapon is precisely the issue. In NYS they have a very narrow view on handguns and magazines.
The OP wanted opinion on transfering a weapon through NYS to a motel in Conn.
I think federal law would allow such transport if Conn. law allowed possession of a handgun of the OP's type.
The sticking point here is weather the OP wanted to deal with the possible hassle in NYS given their prohibition of handguns for all intents and purposes

 

[Deanimator]

And Deanimator, no offense, but that's an easy thing to say when you're not the one paying his legal bills on top of his mortgage, food bills, clothes for his family, etc.

A lawyer sees that case and he has the same reaction that Roman Polanski has to a 13 year old. The state has deep pockets. Ruining the cop is just icing on the cake.

I'm still waiting for somebody to cite a Federal court case that says that FOPA doesn't apply when traveling through New York. I suspect it's going to be a VERY long wait.

Adherence to Federal law is NOT optional for me. It's NOT optional for you. It's not optional for cops in NY.

 

[GEM]

Can anyone cite a case where their FOPA rights were violated, an attorney took the case on contingency and the plantiff did score big bucks? If so, what was the time scale.

Otherwise, it's hot air to speculate you will a great outcome. If there is such a case, it should be well known.

 

[Deanimator]

Can anyone cite a case where their FOPA rights were violated,

Can anyone cite a case where ANY Federal court ruled that FOPA didn't apply to New York or any other state?

Yeah, I didn't think so.

 

[scurtis_34471]

My way of dealing with the non-gun-friendly states I have to drive through between Florida and New Hampshire is to over-comply with FOPA. Every gun is in a locked case, whether it is a pistol or a long gun. All of the ammo is in a separate locked case. The idea is to be in such strong compliance that there isn't even a question about it. It is also a good idea to keep a copy of the law with you, in case the police are not familiar with it.

I should also point out that none of this should matter if you are not stupid. A traffic stop is not probable cause for a vehicle search. If you drive reasonable and act in a mature, professional way if you get pulled over, there is no reason why this should even come up. If the police ask if you have weapons in the car, simply inform them that you are not required to answer that question. If they decide that your "evasiveness" is probable cause for a search, then you cooperate fully, show them the law and show them how you are in full compliance with the law. If they arrest you at that point, they are completely screwed in court. The search having been illegal and the arrest having followed a clear demonstration of your compliance with the law.