Driving from MA to OH via NY- FOPA?

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.

I sure there are issues with NYC at times. However you posted this.

NY doesn't recognize FOPA. Is there a way you can avoid that godforsaken shithole?

And I corrected your statement.
 
Isn't the issue in NY with handguns not long guns?

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 sure there are issues with NYC at times. However you posted this.

Heck, every time I drive through NY on the way down south, I drive on the Cross-Bronx Expressway right through the heart of NYC and have never even had a second thought about it.

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.

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.

True. 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.
 
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.

I like that one, but I don't think it would give the NYPD or PAPD a moment's pause....

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?

MA compliant long guns would generally also be compliant with the NYS AWB. NYC's AWB is much, much more restrictive, however. NYC does have full licensing and registration for all long guns. Not that you're likely to travel through there, but Rochester has its own AWB, and I believe Albany, Buffalo and perhaps Yonkers have their own flourishes regarding "assault weapons" as well.

Either way, FOPA trumps the whims of some overzealous Port Authority officer.

That's the spirit, vellnueve! I'm reminded of a great quote from another Northeastshooters.com member, "you might beat the rap, but you won't beat the ride"...fast becoming one of my favorite quotes.

In all seriousness, if you're traveling by car, and don't do anything to create an articulable reasonable suspicion of criminal activity (or, worse still, actually get yourself arrested), then it won't become an issue. Travel in FOPA-compliant mode by car and I think you'll be fine. Just don't travel via a NY airport, unless you're connecting to another flight and you NEVER touch your checked baggage with the firearms in NY, NO MATTER WHAT.
 
After reading this whole thread I still think I would have loose stools while transporting through NY. No wonder we hate the Yankees!!
 
well,

I thought I would post an update, since this thread grew some legs.

In the end, I decided to leave the pistols at home, as Dad has about a dozen at home we could shoot, so there was no point other than showing off the new gear, which he will see, eventually, when he comes this way.

The fun was returning home, as Mom has a friend whose husband works at one of the local sporting goods stores. As she learned I was on the hunt for .45 ACP, she told her friend, and the husband called the day before I was leaving, telling me they just received 5k rounds of 45 auto for $20/box. Not terrific, but better than what I have been finding, (it was $25-30/box in OH, except there was none in at least the 10 stores I looked in that week) so I bought 10 boxes, that being all about an unemployed bum like me could afford (and still return home married [grin]).

Dad has been going to a lot of auctions, and had been buying up old rifles and shotguns "giving" one to each grandkid. We picked a 16 ga for Connor from some company out of Gardner I've never heard of - turns out all the guns were made in MA by somebody- and a quick run to the pawnshop yielded a trigger lock and soft case $10 later.

Ammo was stuffed into my bag, under my skid-streaked dirty undies, just in case. [shocked]. Gun was locked, in case, and buried under all the other gear.

NY staties on I-90 from Buffalo to Albany will pretty much give you 75 MPH, so I stayed in the 70-73 range, nary a problem.

I've managed to explain the MA guns laws to my father, (and quite a few flabbergasted OH dealers) to the extent that he is now shopping with an eye towards his "estate", as he puts it. I should say that the reason I made this trip is that he suffered a stroke last week. Now that he has realized he is no longer invincible (at 68), he wants to get things "organized" as he put it. So we worked a bit on his house, and played with guns all day. Just about every closet has something in it at this point, so it was fun discovering new and old treasures.

My son got to shoot the 16 ga at great-grandma's house. Typical hilarious reaction from a 10 YO shooting a shotgun for the first time. He listened to our instructions with more interest after holding the stock too loosely the first time around [grin]
 
Just an fyi...
Putting a trigger lock on the gun and sticking it in a soft case does NOT meet the requirements since you do not have a separate compartment (trunk). Must be in a locked case. Ammo must be in another locked case.

I know this is the NY section but since you may also be going through NJ here's a page from the NJ attorney general's site:
http://www.state.nj.us/njsp/about/fire_trans.html

As much as NJ sucks at least they spell out that you can transport through the state. I carry a printout of that page when going to PA.
 
§ 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:​

(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms.
Criminal possession of a weapon in the second degree is a class C
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 weapon
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.
Criminal possession of a weapon in the third degree is a class D
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...
 
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.

Not sure I follow your second sentence, but the intent language is only in § 265.03 (CPW 2nd), and then only in paragraph (1) relating to machine guns, loaded firearms or disguised guns. The other provisions in the statute relate to mere possession, regardless of intent.

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...

If while "Just transporting it through the state en route to [your] destination" you're in compliance with FOPA, then these provisions of NY state law will not apply. Unloaded, locked container, ammunition separate, and you will be "good to go" (assuming you may "lawfully possess and carry" at the origin and destination).
 
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