Tags: new york | gun | laws | visitors | carry | firearm

New York Gun Laws: Can Visitors Carry Their Firearm?

By    |   Monday, 20 Oct 2014 02:23 PM

People traveling to New York with weapons should be familiar with the state’s strict gun laws or risk felony charges.

“Use extreme caution when traveling through New York with firearms,” the NRA’s Institute for Legislative Action states on its website.

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While most states offer some kind of reciprocal rules, meaning they will recognize concealed carry permits issued by the traveling individual’s home state, New York doesn’t recognize out-of-state issued permits.

"Possession of a handgun within New York City requires a New York City handgun license or a special permit from the city police commissioner validating a state license within the city," according to the NRA-ILA.

"Even New York state licenses are generally not valid within New York City unless a specific exemption applies, such as when the New York City police commissioner has issued a special permit to the licensee or 'the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted,'" the NRA-ILA statement continued.

A provision in the federal government’s Firearms Owners’ Protection Act protects the transportation of guns, for lawful purposes from local restrictions. In summary, the firearms can be carried if the gun is unloaded and locked out of reach, such as in a trunk. For vehicles that don’t have a trunk, it must be kept unloaded in a locked container other than the glove compartment or console.

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“Travelers should be aware that some state and local governments treat this federal provision as an ‘affirmative defense’ that may only be raised after an arrest,” according to the NRA-ILA.

The organization recommends getting copies of licenses and permits, along with the official information from the state or local jurisdiction where the gun owner will be traveling.

Travelers who are just driving through the state with a gun can follow the FOPA transportation rules and will probably avoid legal trouble, but it’s a different story if the traveler sleeps in New York for the night.

“But if you stop in NY and spend the night at a campground or hotel, you are in violation of NY law and can be arrested if found with a firearm,” according to Ammoland.

Travelers going to New York City have come up against the strict gun laws there. In March, travelers were arrested at the city’s LaGuardia Airport after they checked in what they thought were their properly packed guns to board a flight.

“[Mike] Connolly was one of 25 gun-packing out-of-towners charged last year with traveling armed at New York’s busy LaGuardia and Kennedy airports. They were hardly nefarious gun runners,” The Associated Press reported. “Most were otherwise law-abiding gun-owners who mistakenly thought they had appropriately packed their heat for travel.”

Queens Executive District Attorney Robert J. Masters told the AP, “If you love your gun, you’re better off leaving it at home.”

This article does not constitute legal advice. Check the current gun laws of your state and destination before travel.

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People traveling to New York with weapons should be familiar with the state's strict gun laws or risk felony charges.
new york, gun, laws, visitors, carry, firearm
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2014-23-20
Monday, 20 Oct 2014 02:23 PM
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