New York Firearms Forum banner
1 - 20 of 32 Posts

·
Registered
Joined
·
1,421 Posts
Discussion Starter · #1 ·
Is there a right or wrong way to travel with a rifle (vehicle)? I assume unloaded, no mag inserted, in the trunk? is a case required or anything else im missing?
 

·
Registered
Joined
·
1,421 Posts
Discussion Starter · #3 ·
im guessing separate compartments in a case doesnt qualify as stored separately?
 

·
Registered
Joined
·
2,383 Posts
in a case...unloaded without mag if applicable....preferably in trunk...out of case..same as above except action open
 

·
Postmaster General
Joined
·
23,073 Posts
Can anyone link to the penal code regarding "in the trunk" and "ammo and rifle separately?"
 

·
Registered
Joined
·
2,531 Posts
Rifle in the gun rack in the back glass ;D and mag just not in or on it. lol i dont put my rifles in the back glass of my truck but i was advised when going to and from the range or for a truck gun. Obviously unloaded and just have the mag(s) or box of shells just somewhere else in the truck.
 

·
Registered
Joined
·
810 Posts
With the exception of NYC there is no requirement other than encon law which says long guns have to be unloaded. No law for ammo stored seperate. In my opinion the portion of encon law which indicates long gun unloaded in chamber and magazine dates back and was intended for guns with fixed attached mags. Everyone interprets things different. My rifle is unloaded even if a mag is in a pouch on the stock or is laying next to the rifle. It is either loaded or it is not. Proximity of the ammo supply to the unloaded gun is immaterial
 

·
Registered
Joined
·
7,700 Posts
You don't have to hide it or treat it like a kidnapped victim. You can not have it loaded in chamber or magazine.
 

·
Registered
Joined
·
2,077 Posts
590A1 in a secure holding device ( to keep the firearm from moving around ) in the front seat of the truck. No case etc. Shotgun is of course unloaded. 00 Buck right there next to it, ready to be inserted. Seems like that is perfectly legal to me. Whats with all the locking in trunk, locked cases, locked separately ammo etc etc?
 

·
Registered
Joined
·
2,901 Posts
Long Guns, Need to be nuances sable either secured in a case, or in the trunk, if it's in the trunk you don't need a case. But you can run into open carry issues if you remove the long gun from the trunk in a public space.

No long gun can be loaded in chamber or magazine during transport.

If the rifle is unloaded and the magazine isn't loaded the gun can be transported mag in and chamber closed.

Chamber open is a myth their is no NY Law stating rifles must be transported open neither must they be transported with unloaded magazines removed.

Ammo transported separate from fire arm, if in an open vehicle such as a wagon, suburban ect. Locking up the ammo so it's not accessible would be good practice along with cased rifles to cover your ass.

I transport rifles cased in the back seat or he'll in rare instances in passenger seat if I have occupants in the back. Rifles in a case won't fit in my trunk so they ride in the cab and the ammo gets locked in an ammo box and put in the trunk.

General rule unless you have a full carry, put that pistol in a locked case in the trunk. Ammo locked up in the cab with you unless you feel like loosing your permit.

The goal don't give a cop the slightest reason for them to claim your stuff was accessible.

If they ask to see if the actions open it's because it's the lasts total, BS to get you to show them what you have and you just agreed to a search.
 

·
Registered
Joined
·
2,901 Posts
590A1 in a secure holding device ( to keep the firearm from moving around ) in the front seat of the truck. No case etc. Shotgun is of course unloaded. 00 Buck right there next to it, ready to be inserted. Seems like that is perfectly legal to me. Whats with all the locking in trunk, locked cases, locked separately ammo etc etc?
May seem legal too you but it's not. The fact both ammo and firearm are accessible with get you locked up in this great state.
 

·
Postmaster General
Joined
·
23,073 Posts
May seem legal too you but it's not. The fact both ammo and firearm are accessible with get you locked up in this great state.
Citation?

(I think I know what you are going to post, but I want to see it myself.)
 

·
Postmaster General
Joined
·
23,073 Posts
General rule unless you have a full carry, put that pistol in a locked case in the trunk. Ammo locked up in the cab with you unless you feel like loosing your permit.
This actually IS totally false, and is NOT a "general rule."
 

·
Registered
Joined
·
8,339 Posts
What ever happened to a rack on the back window of a pickup!
 

·
Registered
Joined
·
1,369 Posts
590A1 in a secure holding device ( to keep the firearm from moving around ) in the front seat of the truck. No case etc. Shotgun is of course unloaded. 00 Buck right there next to it, ready to be inserted. Seems like that is perfectly legal to me. Whats with all the locking in trunk, locked cases, locked separately ammo etc etc?
Those rule things lthey make, for like those people that use those trigger locks on a HD firearms in their nightstand! Loooool..
 

·
Registered
Joined
·
2,901 Posts
Yes you know what I'm going to Cite, the Federal transport law, and I don't doubt for a second that NY police would arrest you Under the federal law in a heart beat if they feel so inclined.

Citation?

(I think I know what you are going to post, but I want to see it myself.)
 

·
Postmaster General
Joined
·
23,073 Posts
I live in Westchester it's general rule. You don't give them the slightest reason to strip your permit, because chances are they will.
Yes, if operating under FUD. Fear Uncertainty and Doubt are what we are trying to quell here, and it is not illegal anywhere in NYS, barring the city, to carry rearguards of restrictions, let alone not being in a trunk and separate from ammo.

As for the federal transport law, you threw me for a loop there. :O I'm curious,now can you cite it?
 

·
Registered
Joined
·
2,901 Posts
18 U.S. Code § 926A - Interstate transportation of firearms

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.

Following this being overkill maybe, but an ounce of prevention is worth a pound of cure IMO as it seems the door swings both ways when it comes to NY.

Also to be noted, this law can only be used as defense only after an arrest has been committed in a state if the state laws don't jive, say like passing through NY with a pistol.

Now can this law be used too arrest I'm not sure, would love to get a Lawyers opinion, I myself want to know for sure if this is law or an exemption, Like I said given the state we live in I wouldn't put it past someone to try to use it some how. If they can Cite Mother jones why not this.

I liken it too the original "AW" ban NY law didn't state a muzzle device needed to be permanent, it didn't have too, a federal law said it did.

New ball game now the federal "AW" law no longer exists and NY never wrote the permanent part into the law.
 
1 - 20 of 32 Posts
Top