Uncle Billy
New member
This topic has been discussed here before, so maybe repeating it again isn't worthwhile. But at least twice a week someone from outside NY with no criminal intent runs afoul of New York gun laws. Here's the latest:
• ARREST: A man from Montana was arrested Wednesday morning after trying to bring a gun across a U.S. bridge and into Canada. Robert C. Thornberry, 64, attempted to secure his Browning 9-mm firearm with a New York State Court Officer after being told by custom officials he could not bring it across the border. A background check showed Thornberry didn’t have a valid New York pistol permit. He was charged with fourth-degree criminal possession of a weapon.
The usual scenario goes like this: Someone from outside NY (trucker, RV tourists, etc.) enters NY from an adjacent state with a gun aboard. When they get to Canada Customs, usually they are asked if they have a firearm or other weapon. If they say yes, and they don't have the prearranged Canadian paperwork that allows them to possess a gun in Canada (for any gun to be legal in Canada, a permit has to be applied for and granted in advance of crossing the border), they are turned around and sent back to NY. Or if they are sent to a secondary inspection (more than just answering questions and showing ID's to the person in the booth- the vehicle is gone through pretty thoroughly and personal stuff is examined) and a gun is turned up, they are sent back as well.
The trouble begins when they get to US Customs, because possessing a weapon in NY has to be done in compliance with NY law. If the gun is a handgun (almost universally forbidden in Canada), in order to be legal they must have a NY handgun permit, which is more difficult and involved to get than any other state. Without such a permit, they can be charged with criminal possession of a weapon.
So the bottom line is this:
If you come to NY headed for Canada, to stay out of trouble, don't bring a handgun if you don't have a NY license for one (and you won't get into Canada anyway).
The only way to get past NY gun laws, if US Customs find you in possession of a handgun, is if you are headed to Canada for a competition (not hunting), the handgun isn't too short barreled, and you have the requisite paperwork from Canada that proves that is your intent, information available here:
http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/visit-visite-eng.htm
... and you have the handgun secured in a way that meets the requirements of the Firearm Owners' Protection Act of 1986 (unloaded, in a locked box or in the trunk, ammo separate, etc.)., and it's legal for you to have a handgun in the place you came from.
Then, if you're turned around at Canada Customs for some reason other than your gun and you arrive back at US Customs, you will have met the "Safe Passage" provisions of the FOPA- it's legal for you to have one at both ends of your trip and you secured it in a manner in compliance with the FOPA.
In short, if the Glock or PPK or Detective Special or Beretta 21A or whatever is your carry piece is just under the seat or in the glove box, or in your pocket and the Canadians find it and send you back to NY, criminal charges await: http://www.newyorkcriminallawyerblog.com/2009/09/criminal_possession_of_a_weapo.html
• ARREST: A man from Montana was arrested Wednesday morning after trying to bring a gun across a U.S. bridge and into Canada. Robert C. Thornberry, 64, attempted to secure his Browning 9-mm firearm with a New York State Court Officer after being told by custom officials he could not bring it across the border. A background check showed Thornberry didn’t have a valid New York pistol permit. He was charged with fourth-degree criminal possession of a weapon.
The usual scenario goes like this: Someone from outside NY (trucker, RV tourists, etc.) enters NY from an adjacent state with a gun aboard. When they get to Canada Customs, usually they are asked if they have a firearm or other weapon. If they say yes, and they don't have the prearranged Canadian paperwork that allows them to possess a gun in Canada (for any gun to be legal in Canada, a permit has to be applied for and granted in advance of crossing the border), they are turned around and sent back to NY. Or if they are sent to a secondary inspection (more than just answering questions and showing ID's to the person in the booth- the vehicle is gone through pretty thoroughly and personal stuff is examined) and a gun is turned up, they are sent back as well.
The trouble begins when they get to US Customs, because possessing a weapon in NY has to be done in compliance with NY law. If the gun is a handgun (almost universally forbidden in Canada), in order to be legal they must have a NY handgun permit, which is more difficult and involved to get than any other state. Without such a permit, they can be charged with criminal possession of a weapon.
So the bottom line is this:
If you come to NY headed for Canada, to stay out of trouble, don't bring a handgun if you don't have a NY license for one (and you won't get into Canada anyway).
The only way to get past NY gun laws, if US Customs find you in possession of a handgun, is if you are headed to Canada for a competition (not hunting), the handgun isn't too short barreled, and you have the requisite paperwork from Canada that proves that is your intent, information available here:
http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/visit-visite-eng.htm
... and you have the handgun secured in a way that meets the requirements of the Firearm Owners' Protection Act of 1986 (unloaded, in a locked box or in the trunk, ammo separate, etc.)., and it's legal for you to have a handgun in the place you came from.
Then, if you're turned around at Canada Customs for some reason other than your gun and you arrive back at US Customs, you will have met the "Safe Passage" provisions of the FOPA- it's legal for you to have one at both ends of your trip and you secured it in a manner in compliance with the FOPA.
In short, if the Glock or PPK or Detective Special or Beretta 21A or whatever is your carry piece is just under the seat or in the glove box, or in your pocket and the Canadians find it and send you back to NY, criminal charges await: http://www.newyorkcriminallawyerblog.com/2009/09/criminal_possession_of_a_weapo.html