Question of transporting a gun through NY state.

Look long story short history tells us to avoid NY and NJ when transporting a firearm. Regardless of WHY, you'll spend a few days in jail and spend YEARS in court trying to recover your property. They'll tie it up in bureaucracy just so the story gets out to scare other people into not transporting through the state.

NY and NJ don't believe in gun rights, the majority of the people living here don't either. Those who do are in a seriously out numbered minority.
 
It is TECHNICALLY illegal, under NY law, for any out of state resident to possess a handgun in NY state, with a few exceptions related to competition...


However, that restriction is superseded by the FOPA.


The FOPA "cancels" the possession law, so long as the exact requirements of the FOPA are followed precisely.


NJGunOwner said:
Look long story short history tells us to avoid NY and NJ when transporting a firearm. Regardless of WHY, you'll spend a few days in jail and spend YEARS in court trying to recover your property. They'll tie it up in bureaucracy just so the story gets out to scare other people into not transporting through the state.

NY and NJ don't believe in gun rights, the majority of the people living here don't either. Those who do are in a seriously out numbered minority.
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This statement is seriously flawed. All of NY is not NY City. Upstate NY is almost literally a different state than is the NY/NJ area. We who live in Upstate strongly object to being classified as anti-gun. We are generally as gun-friendly as many of the most "traditional" gun-friendly places in America.

Fact is, NY has better gun laws than many supposedly "gun friendly" places.

How's that 30.06 law, oh "Gun Friendly" Texas? Hm?
 
Thank you Pete. That's all I was trying to say is that technically it would be illegal. The fact that Burress had the gun in a nightclub keeps being brought up as if that's the reason why he went to jail. It's not. I was simply illustrating that some NY gun laws are draconian, and here's a guy doing 2 years for something that wouldn't even be a crime elsewhere. He was irresponsible in not knowing the laws of the state he was in. When it comes to gun laws, it can get sticky. By the way, he did purchase his gun legally in Florida and had a FL carry permit. It was however, expired and not valid in NY. I realize the OP isn't looking to to do something foolish like go out on the town in NY, I was just pointed out one extreme case and what happened.
 
EricReynolds said:
That's all I was trying to say is that technically it would be illegal.
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Technically, it all depends on the technicalities of where the "technically" is placed.:D

Technically, it's illegal under NY law.

Technically, FOPA supersedes NY law.

So, technically, it's NOT illegal....

I'm not a lawyer, nor do I play one on the internet, so I don't technically know the proper grammatical placement of "technically".:D;):eek:
 
The fact that Burress had the gun in a nightclub keeps being brought up as if that's the reason why he went to jail. It's not. I was simply illustrating that some NY gun laws are draconian, and here's a guy doing 2 years for something that wouldn't even be a crime elsewhere.
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Not exactly. In many states, including many shall issue states, carrying a firearm into a night club would be illegal. In the majority of states where CCW is legal a permit is still required. Yes, NYC permit rules are nuts but they historically are issued to the rich, famous and powerful. Burress was practically royalty at that time in NYC yet I do not recall him even applying for a permit.

I would have more pity on him if he had at least made an attempt to comply.
 
That's true. His whole situation could have easily been avoided. He could have hired a lawyer and reached out to an influential person or 2 and had what regular folk could never get...a NYC carry permit. It's a thin line between no trouble at all and doing 2 years. New York for you.
 
Nonetheless, the Plaxico Burress case has nothing at all to do with the FOPA and with transporting a handgun through New York State. The FOPA very specifically mandates that the firearm(s) be unloaded, and locked in an area or container not readily accessible from the driver's compartment of the transporting vehicle. The FOPA addresses transporting firearms from one jurisdiction where it is legal for you to possess them to another jurisdiction where it is legal for you to possess them.

How many ways does Plaxico's case NOT fit this thread?

  • Plaxico's gun was loaded
  • Plaxico was carrying the gun on his person, it was not locked up
  • Plaxico was not legally allowed to possess a handgun in New York City
  • Plaxico went TO (not "through") New York City to go nightclubbing. New York City was his destination, he was not traveling through New York on the way to a jurisdiction where he could legally possess the handgun.
  • IIRC Plaxico was at the time living in New Jersey. I'm not conversant with NJ state law in general. He may not have been legal to possess that handgun in New Jersey. The FOPA covers transportation from a place where possession is legal, TO a place where possession is legal.
 
If you have money and time you are invited to be the test case.

New York and Massachusetts (among others) have had DAs both say that 'FOPA would be a defense.'

They can still charge you (and hold you) under state law (and they have).

It is up to you to get the mater into federal court.

Make sure you have a lot of traveler's checks.

Attorneys are expensive.
 
I agree, do not offer any info&therefore it shouldn't be an issue even if you do get pulled over.

That being said, if the officer asks you if you have a weapon, I wouldn't lie to him. Sometimes they ask. Good luck. hit cruise control and hug the right lane or hit the middle one
 
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