Travel through New York

An upcoming trip will have me flying out of my home state of Iowa to New York(Albany), then completing my trip to Vermont via rented car. My intention to to bring 2 sidearms, unloaded in a locked TSA-spec case to be checked, then carried in the trunk until arrival in Vermont. I am minimally concerned with the first trip, but am concerned with my return trip. If I bring the sidearms to the bag check counter in Albany (again, in unloaded, locked transport condition) am I potentially exposed to state possession charges in New York? I have Iowa and Arizona CCW permits, but realize that means nothing to the state of New York. Also note that I am planning on omitting any ammunition, with the intention of purchasing a few boxes in Vermont, both so I can carry while there, and do some live-fire training with my brother-in-law.

3 Likes

@Louis68 Welcome to the community, we are glad to have you. :us:

Here are some previous comments.

Vacation help (New York State)

From other comments and conversations the consensus is “Don’t Do It”.
Borrow your Brother-in-Laws guns.

5 Likes

Before leaving home telephone: The airline, TSA, the New York State Police, and your lawyer.

3 Likes

If it were me I would

  1. Try to make Albany a stopover or connection with Burlington (for example) as the final destination, with the firearms properly checked through.
  2. Drive. It’s not that far, and who really wants to fly nowadays.
  3. Leave the guns home.
4 Likes

Bring bail money and one of these!
image

3 Likes

Recommendation: Do not bring a handgun to or through New York. Period.

Yes, if you show up to check a handgun at the airport in the state of New York, you risk being arrested and charged with a felony. You risk the same if you are pulled over or otherwise encountered by LE while in possession of a handgun in NY (also the neighbor NJ)

Even if you are theoretically covered by the Firearm Owners Protection Act, it may be treated as an affirmative defense that you have to prove while facing the charges.

I am relaying information and recommendations from experts and a lawyer, available in the Ask an Attorney video series to Elite USCCA members, through the Protector Academy

Edit: For you USCCA Elite members, you can find some discussion of this in Ask an Attorney video series, Episode 12 around the 9:12 mark, also Ep 18 around 37:20 for the NJ version. It is mentioned elsewhere as well but my notes are lacking currently in that regard

7 Likes

Thank you for your input. I am working my way through Protector Academy myself. That pretty much finishes off my decision.

3 Likes

You should have it shipped FFLS to FFLS in your hometown then you do not have to worry about it.

3 Likes

ALso

https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download#:~:text=Any%20person%20may%20ship%20a,out-of-State%20resident.

  1. May I lawfully ship a firearm to myself in a different State?
    Any person may ship a firearm to himself or herself in the care of another person in the State
    where he or she intends to hunt or engage in any other lawful activity. The package should be
  • 5 -
    addressed to the owner of the firearm “in the care of” the out-of-State resident. Upon reaching
    its destination, persons other than the owner of the firearm must not open the package or take
    possession of the firearm. The out-of-State resident is encouraged to place the package in a safe
    and secure location until the owner of the firearm is available to take physical possession.
4 Likes

Welcome to the family brother @Louis68 and you are in the right place at the right time.

2 Likes

You got that right @Scott52

1 Like

Sorry for your dilemma. However, your situation proves my position on the matter. I refuse to travel in ANY “Iron Curtain” state (New York, New Jersey, Illinois, etc.) Furthermore, I will NOT vacation or spend one nickel of my money in any of those states. They refuse to honor our Constitution and the 2nd Amendment, therefore, they are not part of my world. I realize this is a restrictive position, but I always carry, and refuse to be in places where my safety is compromised by not being able to carry.

4 Likes

I agree. :+1:

1 Like

I don’t understand most of these comments (like you risk being arrested).

How about, YOU WILL BE ARRESTED!!!

Unless you are covered under L.E.O.S.A. (Law Enforcement Officers Safety Act) and you are a Law enforcement officer, or a Q.R.L.E.O. (Qualified Retired Law Enforcement Officer).

Make it simple You will be charged under their Sullivan Law and have the probability of a 2 year wait just to post bond!!!

I am covered by L.E.O.S.A. and even I was detained with my family at LaGuardia Airport while being vetted when declaring my firearm. I was employed at the time, not retired and had my department issued G23, w, 13 round magazines.

Also the (STUPID) New York Safe act bans possession of Magazines over 10 rounds, AND!!! having them loaded with over 7 rounds!! There is some controversy as to if it is enforced or enforceable under L.E.O.S.A. I was told I was given a pass on the Felony Possession of my agency issued magazines.

2 Likes