NYS Non-resident question

[Dick]

I've researched this question through NRA and various other sites, but can't seem to figure out the answer, in part because in much of NY law the term "firearm" apparently refers only to handguns.

I have some relatives (cousins, technically, but more like nephews because of the age difference) in upstate NY. Their father is currently serving on the front lines in Afghanistan. We visit them and their mother from time to time to help out with things, and I'd like to be able to take the oldest (age 12) out for a little target shooting on our next trip. Now, I'm talking about long guns, not handguns of course. And I recognize that my MA and NH CC licenses don't have any standing in New York.

So here's my question(s): Is it legal for me to take a couple of rifles into NY and take this kid out target shooting? - this would either be on family-owned property or at a range if I can find one that would work with me. If it is, are the transportation rules the same as here in MA, or do they have some oddities that I need to know about? I'm primarily planning on bringing a lever action .22 and also a lever action .30-30, but I have a post-ban M4 that I was thinking about bringing as well. If I keep that locked up in a hard case when not actually in use is that legal?

Can anyone help me with those questions and/or point me to where I can get a definitive answer? Thanks.

 

[cahilj]

I made a bunch of phone calls about that, since I'm a MA resident stationed in NY for the Army. I talked to local PDs, sheriff's departments, and the NYSP. I asked the same question to all of them- "Is it legal for me, as a MA resident, to carry my long guns (both rifle and shotgun), into NY state to target shoot with?" They all had the same answer- "As long as the rifle is compliant with NY state laws (which are similar to ours as far as pre vs post ban), then you're ok, since you're over 18." There is no license required to possess long guns in NY. Transport is like anywhere else, locked in the case until at the range. Hunting is a different story, since you would need a non-resident hunting permit, which I hear is pretty pricey.

 

[P-14]

I concur. I lived in NYS for 23 and the laws have not changed since they added the state version of the AWB. No license for a long gun as long as it is AWB compliant (if applicable). Travel unloaded and locked in the trunk and no hunting w/o a hunting license. Must be 500' from occupied dwelling (unless you have permission from owner(s)) or road to shoot.

Have at it!

Bob

 

[jdubois]

Is it legal for me to take a couple of rifles into NY and take this kid out target shooting? - this would either be on family-owned property or at a range if I can find one that would work with me.

Possibly. It is legal in NY for you to have a rifle or shotgun without any sort of NY permit, so you're fine bringing your guns into the state.

It is also legal for anybody under 16 years old but over 11 years old to possess a rifle or shotgun IF they are at a shooting range and are under the immediate supervision of somebody over the age of eighteen. Ok, so far so good. Now the first hiccup, you have to have written permission from the child's parent or guardian. Sounds like that shouldn't be a problem in this situation. But the second hiccup, you also have to have taken a NY state approved hunter safety course in order to supervise a child while shooting. (NYL Penal § 265.20)

are the transportation rules the same as here in MA, or do they have some oddities that I need to know about?

There really aren't much in the way of transportation rules for rifles and shotguns in NY. They cannot be loaded while in a vehicle (Env § 11-0931).

I have a post-ban M4 that I was thinking about bringing as well. If I keep that locked up in a hard case when not actually in use is that legal?

NY's AWB is very similar to ours here in MA. An M4 that is MA compliant will be NY compliant as well. They also have the same large capacity feeding device ban as we do as well, so no post-ban large caps allowed there.

 

[Dick]

Thanks everyone for the input. No problems except for that business of the hunter safety course. We wouldn't be hunting, but it sounds like it would apply to target shooting as well. I'll have to dig into that a bit.

 

[jdubois]

No problems except for that business of the hunter safety course. We wouldn't be hunting, but it sounds like it would apply to target shooting as well.

Yes, that was my take on it. Hunting by a minor was a completely different section. I have no idea if that law is enforced or not, though. Didn't even know anything about it until I saw your question and went and researched it.

 

[Dick]

Hunting by a minor was a completely different section. I have no idea if that law is enforced or not, though. Didn't even know anything about it until I saw your question and went and researched it.

I was just looking at the law, and I would read it the same way as you, but I also wonder if it's really enforced. This would be a situation where we'd be on the several hundred acres of the family (my wife's extended family) farm, farmed by them since God was a teenager. If you add up everyone, the relatives probably comprise half the population and own more than half the land in this little town. Hard to imagine getting hassled, but I do like to be legal - or at least know how and when I'm not.

That said, I noticed that the hunter safety course just has to be "recognized" by the NYSDEC. I did the Mass Hunter Safety thing many years ago, and can produce a reasonably recent hunting license. I'm thinking that would be enough to allow me to get a non-resident hunting license in NY, so that Mass requirement is likely "recognized" and I would qualify. I can and will check on all that, of course. Thanks again for your help.

 

[Rockrivr1]

I was just looking at the law, and I would read it the same way as you, but I also wonder if it's really enforced. This would be a situation where we'd be on the several hundred acres of the family (my wife's extended family) farm, farmed by them since God was a teenager. If you add up everyone, the relatives probably comprise half the population and own more than half the land in this little town. Hard to imagine getting hassled, but I do like to be legal - or at least know how and when I'm not.

That said, I noticed that the hunter safety course just has to be "recognized" by the NYSDEC. I did the Mass Hunter Safety thing many years ago, and can produce a reasonably recent hunting license. I'm thinking that would be enough to allow me to get a non-resident hunting license in NY, so that Mass requirement is likely "recognized" and I would qualify. I can and will check on all that, of course. Thanks again for your help.

Did you call the local PD in this small town and explain what you'd like to do? Might clear up a number of your hassles. Especially if they know your wife's family well.

 

[P-14]

deleted

 

[Dick]

Did you call the local PD in this small town and explain what you'd like to do? Might clear up a number of your hassles. Especially if they know your wife's family well.

Yes, that's very good advice and I intend to do that. In the interim, I did determine that NYSDEC recognizes - they use the term "honors" - hunter safety courses and/or previously held licenses from all other states.

 

[Tomcat017]

There really aren't much in the way of transportation rules for rifles and shotguns in NY. They cannot be loaded while in a vehicle (Env § 11-0931).

Just keep in mind: maybe it's the same in MA, but I believe that in NY a "loaded" firearm is any one for which the owner simultaneously possesses the firearm and a quantity of suitable ammunition. So when travelling, keep the ammo and firearm seperate.

 

[Dick]

Just keep in mind: maybe it's the same in MA, but I believe that in NY a "loaded" firearm is any one for which the owner simultaneously possesses the firearm and a quantity of suitable ammunition. So when travelling, keep the ammo and firearm seperate.

Thanks for the heads-up. I've got an SUV, so there's no separate trunk, but I had planned to have the rifles in locked cases and the ammo in a separate locked bag in a different part of the vehicle. Don't see that I can do much more than that.

 

[Dick]

Just a brief note to wrap up and thank those who helped me plan this trip, which I just returned from. No problems, and the kids had a great time, even though we were standing in a foot of "lake effect" snow for most of it. The family property abuts Tug Hill plateau, and I've never seen so many deer and so much sign in such a (relatively) small area. Gotta do something about that in the future.

 

[jdubois]

Glad you had fun Dick, and had a chance to take the kid shooting!

 

[sigman232]

So it seems it would be legal for me to keep a rifle in my car and travel between CT and NYC? I am thinking if a disaster would occur when I am in the boroughs its a 70 mile run back home to CT. I'd like to keep a BOB in the car with a kel-tec sub 2000 folding rifle. I can lock up and separate from ammo if that's what is required. I know its not possible to get a non-resident CCW permit, but it'd be nice to have something available for defense if SHTF.

 

[Rob Boudrie]

No license for a long

NYC operates under different, and more restrictive, laws than the rest of NY. A wider variety of rifles are banned, and even long guns cannot be posessed without a NYC issued license.