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Old 05-19-2013, 10:57 PM
roostershooter roostershooter is offline
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Default Please Clarify New York State Laws Regarding Firearms....

To make a long story short ....

My wife and I will be traveling to her home state of New York in August to visit her family. None of them are of any help on this topic, so I can't ask them.

I have my CCDW here in Kentucky, and I already know that I cannot take a pistol ... PERIOD ... into New York regardless of the reasoning. I cannot have one in my car unloaded, or otherwise in my possession ... period.

So ... this leads me to the next question.

Can I take a shotgun or hunting rifle, loaded or unloaded, into New York State while visiting there?


Thanks.
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Old 05-19-2013, 11:41 PM
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A simple search turned up this link:

Non-resident travel through N.Y. [edit]

New York state law provides restricted exceptions for interstate transportation of firearms by non-residents. Non-residents may transport through New York state any lawful firearm to any place without New York where an individual may lawfully possess and carry such firearm.
While in transit within New York state, the firearm must be unloaded. The firearm and any ammunition for it must not be easily accessible by anyone in the vehicle's driver or passenger area. For example, the gun and ammunition must be kept in the storage area of the vehicle, such as a car's "trunk." In vehicle's without a storage area separate from the driver or passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.".[22] You may also transport a firearm for target competition purposes, "by a person who is a member or coach of an accredited college or university target pistol team" and "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within 48 hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within 48 hours of such event."[23]

Federal protections

New York State is of particular concern to interstate motorists who travel with firearms, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with firearms are protected by federal law, however they must have their firearms unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle).[24] They can never be in possession of a high capacity feeding device made post-ban.[citation needed]
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Old 05-20-2013, 07:31 AM
scooter123 scooter123 is offline
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I would advise that you leave your guns at home. In spite of the citation that Road Rat has posted the New York State Police have a history of ignoring the Federal Transport Exemption and filing charges. The only provision that is fully recognized is that exemption for competitors in NRA sanctioned competitions and you have to have the paperwork in the vehicle with you.
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Old 05-20-2013, 09:28 AM
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It would be easier to have her family come to Kentucky.
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Old 05-20-2013, 09:30 AM
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As I understand it most of the rules on rifles and shot guns are about semi auto and large capacity stuff.

I travel to NY with a O/U shotgun (broken down and locked in a box) on a regular basis.

Avoid the "assault weapon" thing and mags over ten rounds. Also dont have loaded mags at least not over seven rounds in them.

Hunting type rifles should be ok.

all safe travel rules apply, locked unloaded, seperate ammo etc
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Old 05-20-2013, 10:02 AM
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Just don't, unless you're going hunting. If you needed it, you'd be dead before you could get it out of your trunk, and loaded it. Get a club.
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Old 05-20-2013, 10:22 AM
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Quote:
Originally Posted by wheelgun28 View Post
As I understand it most of the rules on rifles and shot guns are about semi auto and large capacity stuff.

I travel to NY with a O/U shotgun (broken down and locked in a box) on a regular basis.

Avoid the "assault weapon" thing and mags over ten rounds. Also dont have loaded mags at least not over seven rounds in them.

Hunting type rifles should be ok.

all safe travel rules apply, locked unloaded, seperate ammo etc
+1...I agree 100% ^^^^^!

I have never heard of the NYS Police being over zealous in their enforcement or over reaching in their interpretation of federal law. But I would not bring a modern sporting rifle or high cap mags under any circumstances. Remember, this is the state where our gov. has put a $ 500 bounty on residents who have 8 rounds in their magazines!

You didn't mention where you were going. If NYC or the surrounding counties and burrows, fagetaboudit. If you are going waaayyy upstate, no issues. Abide by the law and I think you'd be fine.

I'm not sure of exactly why you need to bring anything but be safe and be happy.
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Old 05-20-2013, 07:58 PM
2152hq 2152hq is offline
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Hunting and competition type firearms are fine (long guns). As stated, you already know about the Assault Weapon stuff.
Stear clear of NYC is a good idea when transporting even a long gun but in any instance,,case it up & store ammo separate.
The GCA FOPA doesn't seem to exist at times there.

Don't keep any detachable magazines loaded in the vehicle.

State law says a long gun must be cased while in a veh. If not cased,,the action must be opened/locked back.
It's easier and much better if stopped to have anything cased up for obvious reasons.
Don't be a cowboy and ride with the riot pump wedged in between the console of the 4x4. It just begs scrutiny even if it is legal (unloaded, action open).
It's just common sense.

The FOPAct says to case everything and store in an inaccessable area of the vehicle.

Standard Fed Laws on long guns. 18" bbl/Shotgun,,16" bb/Rifle,,either must be 26" OAL. (No ownership of SBR or SBS allowed)
Hunting regs require a five shot' Capacity' magazine anyway, so the new law doesn't really come into play. No you can't just load the 10rd w/ 5.
Tube feed semi auto .22's are exempt from the hunting (squirrel, rabbit, ect) and the SAFE Act A/W rules, so take them out and have fun.
There are out of state hunters, clay target and rifle shooters that come and go in NYS all the time.
No harrasment that I've ever known unless the shooter brings the problem upon themself. Like a few too many drinks in the evening and then waving their prize shotgun around the motel lobby. But that behavior wouldn't be tolerated from anyone.

Yes there are even NRA Pistol matches here and if you follow the laws you can transport your handgun to the matches here and back w/o any problems.
We do have a 'non-resident' hunting license available too. We expect you'd have a firearm or more with you.

Tough laws??,, you bet. But the entire state is not a steamy parking lot filled with trash, broken glass and a basket ball hoop.
A few miles North of the City and from there on it's no different than any other state with rural open areas dotted with a few metro areas and surrounding suburbs.
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Old 05-21-2013, 12:14 AM
roostershooter roostershooter is offline
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As to where we are going .... Buffalo.

My intentions are to carry an 18" Standard Remington 870, unloaded, and in the trunk of the SUV.

Should I keep the shells in the trunk as well?
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Old 05-21-2013, 08:25 AM
roarindan roarindan is offline
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put a cable lock thru the action, should you "have" to open your trunk for any law enforcement, this will help show you mean no harm. breaking the SG down is acceptable also.
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