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Handgun in NY State

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  • masjohnson
    Junior Member
    • May 2010
    • 17

    Handgun in NY State

    Hey guys,
    moving to Maine for surgery residency, driving out this Sunday. I am told it is illegal to possess a firearm in the NY (even locked and unloaded) unless one has a permit to possess it and that New York does not issue permits to non-residents. I'll be driving through NY, my new handgun locked and unloaded in my trunk. Does anyone know anything about this? I'm all for states rights, but certainly it can't be illegal simply to own a gun in a state, isn't that unconstitutional?
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30242

    NY = permit needed to own/possess a handgun.
    NYC = permit needed to own/possess any firearm.

    Federal law [18 USC 926A] provides you with protection for driving though NY with your firearms unloaded and in locked containers.
    Keep in mind you have to drive straight through with stops only for gas/food/restroom. No side trips or extended stays.
    Even though Federal law protects you, it really only applies as a legal defense during trial for illegal firearms possession.

    STAY AWAY FROM NYC. Do no drive through and/or stay in NYC.
    They will arrest you, confiscate your firearms and try their best to put you in prison.



    18 USC 926A
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
    Last edited by Quiet; 05-29-2010, 12:19 AM.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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