I got pulled over in NY with a couple of service rifles and a shit load of ammo, I had no problems.
clarify please: NY or NYC?
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I got pulled over in NY with a couple of service rifles and a shit load of ammo, I had no problems.
I made the exact same trip, MA to Camp Perry, OH via I-90.
I stand corrected, and humbled. That was a bit overboard of me. but yes I was bacsically thinking of the eastern half of the state. I doubt you'd have much issue in say...Albany.
NY doesn't recognize FOPA. Is there a way you can avoid that godforsaken shithole?
I got pulled over in NY with a couple of service rifles and a shit load of ammo, I had no problems.
Isn't the issue in NY with handguns not long guns?
I sure there are issues with NYC at times. However you posted this.
Long guns could be a problem if they are not NY AWB compliant and the cop wants to be an a**h*** and ignore the portions of FOPA relating to them being legal to own at the locations of the beginning and end of your trip.
I'm also willing to pull the "I'm an FFL, so if you take my guns I'll have to call BATFE to come down and investigate the loss" card.
OTOH, at least those of us from MA should be compliant bringing our long guns. NY is not a license to possess long arms state, is it?
Either way, FOPA trumps the whims of some overzealous Port Authority officer.
§ 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:Criminal possession of a weapon in the second degree is a class C
(a) possesses a machine-gun; or(2) such person possesses five or more firearms.
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
felony.
but also see CPW 3:
§ 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:
(1) Such person commits the crime of criminal possession of a weaponCriminal possession of a weapon in the third degree is a class D
in the fourth degree as defined in subdivision one, two, three or five
of section 265.01, and has been previously convicted of any crime; or
(2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm silencer, machine-gun or any other firearm or weapon simulating
a machine-gun and which is adaptable for such use; or
(3) Such person knowingly possesses a machine-gun, firearm, rifle or
shotgun which has been defaced for the purpose of concealment or
prevention of the detection of a crime or misrepresenting the identity
of such machine-gun, firearm, rifle or shotgun; or
(4) Such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven, constitute a
violation of this section if such possession takes place in such
person's home or place of business; or
(5) (i) Such person possesses three or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter within the five years
immediately preceding the commission of the offense and such possession
did not take place in the person's home or place of business; or
(6) Such person knowingly possesses any disguised gun; or
(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device.
felony.
Does anyone else see the inherent flaw in this law? It clearly defines someone is is carrying said item (or number of items) for the purposes of using it against another.
So if one is just transporting it through the state en route to their destination, clearly they are not intending to use it against another...as the previous posts state certainly that will not prevent them from confiscating your gun and possibly charging you but I would think it would be an automatic acquittal with any attorney that's worth at least half his weight in gold...