What can I bring to New York State ?

[Deanimator]

OP, please ignore advice like this. No need to bring a victim mentality. It all starts with the right mindset - Mindset, skill set, tool set.

Safe travels...

To paraphrase a famous Chicagoan, you'll get a lot farther in a deadly force encounter with mindset and a firearm than with mindset alone.

 

[Deanimator]

Sorry I don't agree with your statements at all. I could very well say don't go to Ohio or any other state. You can be a victim with or without a firearm or in or outside New York. Violent crime is almost non existent where I live. We all know that Guns and New York City don't mix. Same as with all the big cities. But New York is mostly rural and conservative north of New York City. The poster just wanted to know what would be lawful for him to take. He's not taking pistols or semi auto modern sporting arms. He is good to go.

He's good to go until somebody decides he's NOT good to go.

Guns and Cleveland, Cincinnati and Columbus mix just fine. The same goes for Pittsburgh and Philadelphia. The mayors of those cities may not like it, but they don't need to. They just need to obey the law. When they don't, they get hammered in civil court as Cleveland recently was.

 

[toivo]

He's good to go until somebody decides he's NOT good to go.

He is good to go. There is no New York State law on the books restricting the ownership by non-felons of manually cycled long guns with a magazine capacity of less than 10 rounds. Any cop that doesn't know that is probably ineligible for active duty on account of not being able to tie his own shoelaces.

 

[Deanimator]

He is good to go. There is no law on the books in New York restricting the ownership by non-felons of manually cycled long guns with a magazine capacity of less than 10 rounds. Any cop that doesn't know that is probably ineligible for active duty on account of not being able to tie his own shoelaces.

I didn't say he'd be right. I said he could DO it, and in all likelihood will be backed to the hilt by his superiors.

I wouldn't go to New York. I definitely wouldn't go to New York with a gun.

 

[toivo]

I didn't say he'd be right. I said he could DO it, and in all likelihood will be backed to the hilt by his superiors.

I wouldn't go to New York. I definitely wouldn't go to New York with a gun.

I live in New York. I personally know cops from a variety of departments, ranging from campus peace officers to local cops to sheriff's deputies and state troopers. They know the laws, and they know that there's nothing they could conceivably charge him with. Their superiors would chew them out and their colleagues would laugh in their faces if they tried to bust a non-felon for possession of a bolt-action rifle and a pump shotgun that hold less than 10 rounds.

New York City is a different story. It always was and always will be. I'm licensed to carry in New York State, but I couldn't and wouldn't go into NYC with a firearm.

 

[Sistema1927]

Life is all about making decisions re. risk vs. reward.

As I mentioned in post #2 of this thread, I recently found myself in NYC. My wife and I took a cruise up the coast to Canada. We had a day before and a day after, and took advantage by doing some sightseeing in the city. We stayed in "Hell's Kitchen", not far from the cruise terminal, and wandered all over Manhattan and took the ferry over to Staten Island. I had lived there when my Dad was stationed on Staten Island in the 1960's, so I was somewhat familiar with the area. Even though the name might suggest otherwise, "Hell's Kitchen" in West Mid-Town Manhattan was a good part of the city to stay, and we had no hair raising adventures.

Did I engage in situational awareness and make sure to stay out of trouble? Of course, but that is my rule no matter where I am. While I prefer to be armed, I find that there are times when I cannot be, and in those times I need to keep an eye out, stay out of strange places, and keep my eyes peeled. This has served me well here and abroad, and I don't let the fact that I can't carry keep me from enjoying a rich mixture of destinations.

 

[heyjoe]

Deanimator your posts are not helpful to the original poster and border on the ridiculous. You dont live in New York, obviously do not know the laws of New York, are being told by a few people that live there that you are wrong, yet you double down on your nonsense.

 

[LawHoc]

The laws concerning weapons in New York State -- including descriptions and definitions -- are under NY Penal Law ("PL") Article 265. The provisions regarding licenses and other authorizations are under Article 400. (Don't confuse the Penal Law with the Penal Code ("PC"); PC is legal procedure).

Pistol licenses in NYS come in a few restriction flavors including premises, businesses, target, and full concealed carry. Licenses are issued by county (usually by judge). A license, e.g., to carry, issued from any county is good all over the state, except in New York City (which is not within a county, but contains within itself 5 counties). A license issued by NYC is issued by the NYC Police Commissioner (through the NYPD License Division) and is good in any county including in NYC. There is no real difference in the authority conferred by a NYC license; but a NYC license is generally considered more difficult to get.

(There are nuances and exceptions regarding NYC, but beyond the scope of this comment.)

Each individual gun is listed on a license (in effect, the gun is licensed).

 

[toivo]

Just wanted to add -- I know that you said plinking on private land and self-defense as your intended uses. If you're talking self-defense in your place of residence, you're fine. (Residence includes hotel room, etc.) But don't keep either one of those firearms loaded in your car. That's illegal in NY.

 

[Jack B.]

Done a search here, limited info. Looked for NY state general laws but the official NY website is obtuse with little info on actual laws. NY state police website only has registration & licensing info.

I know enough not to bring a handgun. Then there's the "Safe Act" so no AR or anything over 7 rounds. That leaves my bolt action (Howa 1500) or my Benelli Super Nova (pistol grip). I know either one needs to be cased, unloaded & ammo separate.

Does the pistol grip on the shotgun make it an "assault weapon"? I'd rather have that than the bolt gun. any ammo restrictions on 00buck / slugs ?

Intent is casual plinking on private land & self defense.

Apparently even my pepper spray is unlawful in NY (3/4 oz limit).

I have no personal experience but I have heard if you take a firearm into New York and you are not a resident bring a good lawyer and lots of money.

 

[toivo]

I have no personal experience but I have heard if you take a firearm into New York and you are not a resident bring a good lawyer and lots of money.

If you are not a felon and you bring in a firearm that is legal in New York (State, not City), then you have no problem. Both of the firearms described in the OP are legal in New York State.

 

[LawHoc]

Just wanted to add -- I know that you said plinking on private land and self-defense as your intended uses. If you're talking self-defense in your place of residence, you're fine. (Residence includes hotel room, etc.) But don't keep either one of those firearms loaded in your car. That's illegal in NY.

"If you're talking self-defense in your place of residence, you're fine." Not so fast. Possession (unlicensed) of an unloaded pistol or revolver in New York State is a misdemeanor (misdemeanor carries up to 1-year sentence), and is a felony if certain prerequisites exist (including, e.g., prior conviction of a crime, or etc). Possession of a loaded firearm (loaded includes possession of ammo while possessing the gun) or of a number of unloaded guns is a felony with a mandatory minimum sentence. An exception to un-enhanced possession of a loaded firearm (a felony) is when the un-enhanced possession is in the possessor's "home or place of business"; where simple possession of loaded gun is misdemeanor. ( I don't offhand recall whether hotel rooms and interstate trucks are currently viewed, as "home or place of business" but don't make assumptions). I'm not trying to be smart, just trying to avoid somebody making a mistake.

 

[toivo]

"If you're talking self-defense in your place of residence, you're fine." Not so fast. Possession (unlicensed) of an unloaded pistol or revolver in New York State is a misdemeanor (misdemeanor carries up to 1-year sentence), and is a felony if certain prerequisites exist (including, e.g., prior conviction of a crime, or etc). Possession of a loaded firearm (loaded includes possession of ammo while possessing the gun) or of a number of unloaded guns is a felony with a mandatory minimum sentence. An exception to un-enhanced possession of a loaded firearm (a felony) is when the un-enhanced possession is in the possessor's "home or place of business"; where simple possession of loaded gun is misdemeanor. ( I don't offhand recall whether hotel rooms and interstate trucks are currently viewed, as "home or place of business" but don't make assumptions). I'm not trying to be smart, just trying to avoid somebody making a mistake.

We're not talking about handguns here -- we're talking about a bolt-action rifle and a pump shotgun. Also, I believe you're mixing up unlawful possession -- such as by a felon or other "prohibited person" -- with lawful possession.

Are you sure you're not zooming in on the particulars of sections of the law without reading the framing material? I ask because the part about the number of guns possessed is absolutely irrelevant to lawful possession but can increase the penalties for unlawful possession -- i.e. by "prohibited persons."

 

[LawHoc]

Re long-guns vs handguns (NY law defines as "firearms" as handguns -- pistols & revolvers), you are correct that licencing is not required for shotguns and rifles. But BTW, rifles, although not requiring a license, I believe, must be registered (different from and less than licensing) in some counties. I discussed handguns and the licensing requirement for them partly because initially I missed the point that the concern was pinking and home defense with rifles and shotguns (I have re-read that), and partly because some discussion did seem to include handguns.

That said, I am concerned that your last comments referencing "prohibited persons" suggests some misunderstanding of NY law. Prohibited persons (special baggage) usually amounts to an enhancement, raising, for example, misdemeanor possession of an unloaded gun to a felony if the possessor has been previously convicted of a crime, or possesses 3 or more unloaded handguns (just 1 is misdemeanor), or possession of an otherwise lawful rifle or shotgun by a person who has been "convicted of a felony or serious offense."

Simply put -- putting aside prohibited persons, or special places -- under NY law a person with a clean record but without a NY handgun license (or other authority, eg, police etc) in possession of (1) an unloaded handgun any place is guilty of a misdemeanor, or in possession of (2) a loaded handgun (or unloaded handgun gun while also possessing ammo) anyplace is guilty of a felony (except in his own home or place of business it's a misdemeanor unless previously convicted of a crime). I didn't mean to belabor a point; the concept that "prohibited person" is required for criminal possession of a handgun in New York State, though reasonable, is not correct. I hope I have not misunderstood what you wrote, and apologize if I have.

Q: "What can I bring to New York State?
A: Not a revolver or pistol.

 

[toivo]

Re long-guns vs handguns (NY law defines as "firearms" as handguns -- pistols & revolvers), you are correct that licencing is not required for shotguns and rifles. But BTW, rifles, although not requiring a license, I believe, must be registered (different from and less than licensing) in some counties. I discussed handguns and the licensing requirement for them partly because initially I missed the point that the concern was pinking and home defense with rifles and shotguns (I have re-read that), and partly because some discussion did seem to include handguns.

That said, I am concerned that your last comments referencing "prohibited persons" suggests some misunderstanding of NY law. Prohibited persons (special baggage) usually amounts to an enhancement, raising, for example, misdemeanor possession of an unloaded gun to a felony if the possessor has been previously convicted of a crime, or possesses 3 or more unloaded handguns (just 1 is misdemeanor), or possession of an otherwise lawful rifle or shotgun by a person who has been "convicted of a felony or serious offense."

Simply put -- putting aside prohibited persons, or special places -- under NY law a person with a clean record but without a NY handgun license (or other authority, eg, police etc) in possession of (1) an unloaded handgun any place is guilty of a misdemeanor, or in possession of (2) a loaded handgun (or unloaded handgun gun while also possessing ammo) anyplace is guilty of a felony (except in his own home or place of business it's a misdemeanor unless previously convicted of a crime). I didn't mean to belabor a point; the concept that "prohibited person" is required for criminal possession of a handgun in New York State, though reasonable, is not correct. I hope I have not misunderstood what you wrote, and apologize if I have.

Q: "What can I bring to New York State?
A: Not a revolver or pistol.

Thanks for the clarification. I refer you back to the OP and his bolt-action rifle and pump shotgun. As far as I know, the only municipality that would restrict possession of those is metro NYC. My understanding of "prohibited persons" is those who would be ineligible under Federal law, meaning felons and those adjudicated mentally ill. NY's penalties for possession by such people increases with the number of guns possessed. For a lawful owner, there is no stipulation about how many guns he/she can possess. That section of the law is often misunderstood to be a limitation on the number of guns one can possess in NY State. I thought that you might have been making that error.

 

[LawHoc]

Rifles and shotguns do not have to be licensed (as to registered, as I said, I don't know offhand whether and where). Oddly, the NY weapons statutes define, consider and make illegal what they call "firearms" -- handguns -- that is pistols and revolvers. A "firearm" also includes a shotgun with a barrel less than 18" in length, and a rifle with a barrel less than 16" in length, as well as a shotgun or rifle with an overall length of less than 26". PL sec 265.00 (3) (definitions). Presumably this rifle and shotgun section targets modified rifles and shotguns, not the normally sold items. There were OP questions raised about the effect of modifications or features (e.g., hand-grip)

I am confused by your statement, "For a lawful owner, there is no stipulation about how many guns he/she can possess. That section of the law is often misunderstood to be a limitation on the number of guns one can possess in NY State." If you are referring to rifles and shotguns, (such as OP), no problem.

My reference to number of guns refers to the increasing levels of criminal "firearm" possession, determined by how many (from 1, 3, 5,or 10) are possessed unlawfully. These gradations pertain to "firearms" i.e. handguns and those shortened rifles and shotguns. Remember, there is no "lawful owner" (that is, lawful possessor) of what NY calls a "firearm" (a hand gun) in the State of New York, except people issued licenses to possess them (and of course LE etc). For unlicensed possession (criminal possession) of a "firearm" various factors determine the particular level of crime committed (and each step-up in level drastically increases the sentence). Among the enhancing factors is the number of illegal "firearms"possessed.

I don't know of statutory increases in penalties or sentences which are determined by specified numbers of normal rifles or shotguns unlawfully possessed.

BTW, although the licensing statute does not limit the number of "firearms" (handguns) one may license, various issuing jurisdictions and judges by discretion do impose limits (variably, and inconsistently). For example, NYC likes to limit CCW to two per license (not immutable, but general).

 

[toivo]

Yes, you're right about the unique definition of "firearms" in NY. I was just pointing out that there is a common misconception that New York State law limits the number of guns one can own.

 

[LawHoc]

You are correct. NY firearms licensing statutes do not state any limits regarding how many firearms may be licensed. BTW, FWIW, NFN [I'm picking up the acronyms pretty well, no?] my reading of NY State's convoluted, confusing firearms statutes makes possession of a loaded firearm in NYC by a person licensed to carry by a county outside NYC (good everywhere else in NY but not NYC) only a misdemeanor. PL sec 400 (subd17).

BTW, speaking about convoluted and confusing: take look at the smorgasbord menu in Definitions, PL Sec 265 (sub 22 "Assault weapon").

 

[grter]

Pepper spray is legal in NY, but it is one of the few states where you must buy the spray from a store in NY. Websites will not even ship pepper spray to a NY address. Therefore, any spray you buy there will meet the state law requirements for size and strength.

Don't count on it. It seems sellers in NYC both sell illegal AND less effective sprays, are ignorant as to what their products are, and are clueless about the law.

Oh to answer the original question no weapons of ANY KIND including non weapon items that you "intend" to have as a weapon (telling a cop your tiny swiss army knife, thick metal key holder, fat magic marker or pen etc... is handy for self defense may qualify as "intent")

Put another way no weapons of any kind real or imagined.