Travelling through New York State

Status
Not open for further replies.
then you cooperate fully
Assert your rights, early and often. State clearly that you do NOT consent to any searches. Do so in front of as many witnesses as possible. Assert your right to remain silent, and EXERCISE it. Leave the "banter" with cops for "Law & Order".

NEVER consent to ANYTHING, but NEVER physically resist. Comply if under duress. Be prepared to file a formal, written complaint with as much ACCURATE detail as possible, identifying witnesses.
 
There is in all likelihood no cases such as that in existence. Though I know of few places that can be cited that says it does not apply.

CJC
 
You should check CT's law before you go. I think I read that without a CT carry permit you are only allowed to transport a handgun from the place you buy it to your home. You aren't even allow to take it to a range unloaded and locked in a case. It may not be legal for you to possess a gun in CT even in your hotel. If so then you can't legally transport it thru NYS.
 
Non-residents:

A non-resident citizen may possess a rifle or shotgun in New York, as long as it is unloaded while being transported. No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. New York does not issue licenses to non-residents nor does it recognize licenses issued by other states. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.) A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container. An alien may possess a rifle or shotgun for use while hunting provided he has a valid New York hunting license. "If such (handgun) license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant." Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container.

Source
 
Hi guys, I got arrested in Mass while going to NH and this is how the FOPA federal protection played out. I'm sure the same COULD happen in NY, so here it is and be careful.
The federal law only protects you if the origin state and the destination state are both states that you can clearly possess and transport in. Since you are shady on the CT side, I would say that any DA in NY who knows the deal will threaten you that FOPA doesn't stand up in NY, if your destination was CT. If you had business paperwork to PROVE you were headed to VT, you'd be better off, but CT it is, so be careful.
I WAS legal in MD cause i own a business here, and I WAS legal in NH because I was going target shooting up there, but they still popped me anyway. My lawyer told me that FOPA would save and rescue me at the appelate level, but I'd probably lose at the state level and do some local time in jail. To avoid that I took a CWOF probabtionary plea. The only reason I got stopped was a DOT truck issue. (damaged roof) but they used the stop as an excuse to "question" and "try to nail me" on everything under the sun once they saw I was from out of state.
The decision to carry or not carry is up to you. I am all for an armed and therefore polite society, all I'm saying is that it cost me about 5 grand so far to stand up for my rights, and i still don't have my gun back yet, and can't even buy another one. It's easy for people to say, "IT'S NOT OPTIONAL, THE COPS MUST COMPLY WITH FOPA" yada yada but the truth is, once that arrest is on your record, you can be right till you're blue in the face. It's still gonna cost THOUSANDS for a gun lawyer, and you'll still spend the night in jail, and you'll still have to go back for a pre-trial and some sort of legal recordation will occur.
Good luck.
-Quentin
 
You are on a business trip with a hangun in CT and you want to bring it in your hotel/carry it....you need a permit. You may get charged with the following:

http://www.cga.ct.gov/2005/pub/Chap529.htm#Sec29-35.htm

http://www.cga.ct.gov/2005/pub/Chap529.htm#Sec29-38.htm

If you feel you qualify for the following, then go ahead, but make sure you have an understanding of these statutes.

Sec. 29-38d. Interstate transportation of firearms through state. (a) The provisions of sections 29-35 and 29-38 shall not apply to the interstate transportation of firearms through this state in accordance with 18 USC 926A and 927, as amended from time to time, by any person who is not otherwise prohibited from shipping, transporting, receiving or possessing a firearm. Such person may transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm through this state to any other place where such person may lawfully possess and carry such firearm provided such transportation is in accordance with subsection (b) of this section.

(b) During the transportation of a firearm through this state as authorized in subsection (a) of this section, such firearm shall be unloaded and neither such firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, such firearm shall be unloaded and such firearm and any ammunition being transported shall be contained in a locked container other than the glove compartment or console.

(c) No person who is transporting a firearm through this state in accordance with this section may use or carry such firearm or sell, deliver or otherwise transfer such firearm while in this state.

Anyone suggesting you blindly "go for it"; you won't get searched, pulled over, etc, is playing with your life. Apply for a non-resident permit and remove all issues.
 
Last edited:
Status
Not open for further replies.
Back
Top