NY new gun law and US FOPA "safe passage" law conflict? [Archive] - Glock Talk

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Gallium
01-17-2013, 04:55
Scenario:

NY has a ban on mags over 10 rounds, and a limit of 7 rounds in a magazine.

If I (anyone) who is lawfully able to possess a gun and the ammo for that gun, am I no longer able to have the ammo in my magazines with the mags loaded past 7 rounds at check in when I declare my guns? In the NY metro area (and at other airports) the police are summoned upon declaration of a gun - any gun to ensure the possessor is lawfully able to possess.

I have gotten small grief in the past with having clearly identifiable pre-ban mags (loaded or unloaded). Those mags are not what I am talking about in this thread. I am referring to showing up with three mags worth of rounds where mags are loaded.

Only time will tell, and a test case.:faint:

sixgun2
01-17-2013, 08:19
Tagged:
I too will be interested in interstate passage through NYS. In the spirit of the law regarding the FOPA travelling through NY will i be in possesion of a prohib device of being in possesion of 10 rd mags. Im a Canadian resident an travel in the U.S quite frequently for competitions an hunting with my hand guns. Any thoughts.:wavey:

WT
01-17-2013, 09:16
FOPA discusses firearms and ammunition.

It does not cover magazines...from what I remember.

Ya' takes ya chances.

Gunnut 45/454
01-17-2013, 09:24
Well all I can say is to bad! Your no better then the average everyday New Yorker! Don't like it join those everyday New Yorkers to get the law over turned! Sounds like your upset cause NY treated you just like the everyday citizen. Why should you be able to carry any thing you want!:steamed:

SCmasterblaster
01-17-2013, 11:54
It is too bad that I cannot drive to OH or VA without going through NY.

Gallium
01-17-2013, 12:34
Well all I can say is to bad! Your no better then the average everyday New Yorker! Don't like it join those everyday New Yorkers to get the law over turned! Sounds like your upset cause NY treated you just like the everyday citizen. Why should you be able to carry any thing you want!:steamed:


What thread did you intend for this response to land in, Gunnut? :supergrin:

dosei
01-17-2013, 12:42
Scenario:

NY has a ban on mags over 10 rounds, and a limit of 7 rounds in a magazine.

If I (anyone) who is lawfully able to possess a gun and the ammo for that gun, am I no longer able to have the ammo in my magazines with the mags loaded past 7 rounds at check in when I declare my guns? In the NY metro area (and at other airports) the police are summoned upon declaration of a gun - any gun to ensure the possessor is lawfully able to possess.

I have gotten small grief in the past with having clearly identifiable pre-ban mags (loaded or unloaded). Those mags are not what I am talking about in this thread. I am referring to showing up with three mags worth of rounds where mags are loaded.

Only time will tell, and a test case.:faint:

My guess is that now all of NYS will now be as big of a PITA to travel to or through as NYC has always been.

FriarTuck
01-17-2013, 12:49
Tagged:
I too will be interested in interstate passage through NYS. In the spirit of the law regarding the FOPA travelling through NY will i be in possesion of a prohib device of being in possesion of 10 rd mags. Im a Canadian resident an travel in the U.S quite frequently for competitions an hunting with my hand guns. Any thoughts.:wavey:

Maybe avoid NYS?

Go through Michigan, or take the ferryboat across Lake Erie (don't know if it runs all year) to Ohio. Then there's northwest Ontario's border with Minnesota.

Anybody in northern New England is kinda blocked when it comes to land routes, same as West Berliners were in the days of communist East Germany. It's sad that we've come to this.

sixgun2
01-17-2013, 12:54
Friar Tuck, thats what several us Canucks do. Its more out of convenience that I cross into the U.S. from any of the three border crossings that are within 30 to 45 min away.

dosei
01-17-2013, 12:58
Tagged:
I too will be interested in interstate passage through NYS. In the spirit of the law regarding the FOPA travelling through NY will i be in possesion of a prohib device of being in possesion of 10 rd mags. Im a Canadian resident an travel in the U.S quite frequently for competitions an hunting with my hand guns. Any thoughts.:wavey:

Keep them all locked in your trunk and drive through the state "non-stop" (only stopping for gas and at the drive-up window to pick-up/pay for your food). Keep a copy of the Federal Safe Passage law in the vehicle, and DO NOT SPEED.

sixgun2
01-17-2013, 16:01
Keep them all locked in your trunk and drive through the state "non-stop" (only stopping for gas and at the drive-up window to pick-up/pay for your food). Keep a copy of the Federal Safe Passage law in the vehicle, and DO NOT SPEED.
Yes sir, i follow that rule religiosly.:wavey:

misunderestimated
01-17-2013, 16:22
Well this is a a concern of mine . We are planning on a trip to Orlando Florida for a GSSF competition. We normally travel with lots of magazines as me and my son compete. I am afraid I might be able to leave NY only to have a problem when we re enter with all of my 10 round magazines. My plan would be to only bring 12 magazines and then just leave those magazines in Florida with my brother till I can eventually move out of New York to avoid the hassle coming back in

I know they look at our stuff when we leave New York or Florida but I wonder if they inspect it when we come home.

Gallium
01-17-2013, 16:32
Well this is a a concern of mine . We are planning on a trip to Orlando Florida for a GSSF competition. We normally travel with lots of magazines as me and my son compete. I am afraid I might be able to leave NY only to have a problem when we re enter with all of my 10 round magazines. My plan would be to only bring 12 magazines and then just leave those magazines in Florida with my brother till I can eventually move out of New York to avoid the hassle coming back in

I know they look at our stuff when we leave New York or Florida but I wonder if they inspect it when we come home.


If you are flying, the issue is not when you return, it is when you leave. As it stands you can return with a howitzer if you declare it, but if you check a 22 oz bottle of soda and a salt shaker in your bag....DEFCON2. :faint:

Gunnut 45/454
01-17-2013, 17:47
Gallium
Right here! Your a Cop or former cop! Well Coumo and the NY state Legistlature were in so much of a hurry to **** the law abiding gunowner they forgot to give you the pass on gun laws like FOPA gives you over the regular Americans. To freaking bad your no different then any other American! So when your stuck with just 7 rounds in your gun and you have to take down a terrorist cell think about how the rest of us gun owners feel! Like I said if you don't like it stay the hell out of NY!:faint:

GLJones
01-17-2013, 19:05
Why all the hostility gunnut? I seriously doubt he supported or voted for the anti-gun politicians. I understand your anger toward the NY Politicians but taking it out on a fellow pro-gun person that is unlucky enough to live in NY?

bustedknee
01-17-2013, 20:03
It is too bad that I cannot drive to OH or VA without going through NY.

You would be better off driving through the Arctic, through Russia, through Afghanistan, through France, and through the Atlantic Ocean! :animlol:

Gallium
01-17-2013, 20:33
Gallium
Right here! Your a Cop or former cop! Well Coumo and the NY state Legistlature were in so much of a hurry to **** the law abiding gunowner they forgot to give you the pass on gun laws like FOPA gives you over the regular Americans. To freaking bad your no different then any other American! So when your stuck with just 7 rounds in your gun and you have to take down a terrorist cell think about how the rest of us gun owners feel! Like I said if you don't like it stay the hell out of NY!:faint:


Ok then. I guess now it's official then? :supergrin:

Because I don't recall stating anywhere on the net that I am a cop, retired cop, former cop or any of that stuff.** In fact, there are literally HUNDREDS of posts where I have very specifically said "I am not a cop".

I mean, really, here it is, as recently as... less than 30hrs ago.
http://www.glocktalk.com/forums/showpost.php?p=19873151&postcount=38

Or did you deputize me and not send me my damn badge and gun? :rant:

:tongueout:

cfrye11
01-17-2013, 20:39
prior to the new bill you were only allowed to have Pre-ban mags that excepted more then 10 rounds.

now you can keep your ten round mags and only put 7 bullets in them.

as for interstate travel with a mag that is legal in say PA driving to Maine I think you would be covered as long as you don't plan to take the mag out and use it in NY. this should not have changed. this law does not give you the right to shoot or load your gun in NY only direct transport through NY.

Gallium
01-17-2013, 20:50
prior to the new bill you were only allowed to have Pre-ban mags that excepted more then 10 rounds.

now you can keep your ten round mags and only put 7 bullets in them.

as for interstate travel with a mag that is legal in say PA driving to Maine I think you would be covered as long as you don't plan to take the mag out and use it in NY. this should not have changed. this law does not give you the right to shoot or load your gun in NY only direct transport through NY.


CF,

I was referring specifically to a NYer traveling from within NY out thru one of the airports.

Does the new law mean I can't put 10 rounds in my mag when I am flying? But I can have 50 rounds in an a ammo box?
Depending on the airline I am on, the rounds are in the mag, the mag is in a mag pouch and the airline is happy.

- G

cfrye11
01-17-2013, 23:31
I didn't know you could fly with loaded mags. I thought ammo had to be in the original package.

But I would say no if you are in NY and put in 8 9 10 you have broke the law. Even if you are just about to leave the state. But the second you stop in a free state 8 9 10 30 31 32 33 should be all good.

molan labe

sixgun2
01-18-2013, 05:53
prior to the new bill you were only allowed to have Pre-ban mags that excepted more then 10 rounds.

now you can keep your ten round mags and only put 7 bullets in them.

as for interstate travel with a mag that is legal in say PA driving to Maine I think you would be covered as long as you don't plan to take the mag out and use it in NY. this should not have changed. this law does not give you the right to shoot or load your gun in NY only direct transport through NY.
I agree. I've operated under the assumption that if I'm leaving my legal domiciled prov/state an travelling through XYZ states, an at my ultimate destination I'm deemed legal than I'm good to go.:wavey:

vafish
01-18-2013, 05:53
Scenario:

NY has a ban on mags over 10 rounds, and a limit of 7 rounds in a magazine.

If I (anyone) who is lawfully able to possess a gun and the ammo for that gun, am I no longer able to have the ammo in my magazines with the mags loaded past 7 rounds at check in when I declare my guns? In the NY metro area (and at other airports) the police are summoned upon declaration of a gun - any gun to ensure the possessor is lawfully able to possess.

I have gotten small grief in the past with having clearly identifiable pre-ban mags (loaded or unloaded). Those mags are not what I am talking about in this thread. I am referring to showing up with three mags worth of rounds where mags are loaded.

Only time will tell, and a test case.:faint:

For fopa to protect you, you have to be legal in your point of departure and destination.

If you are a ny resident now having over 7 rounds in a magazine is not legal so fopa does not help you.

If you are not a ny resident and are traveling through ny fopa should protect you.

If you are traveling to or from ny whatever you are bringing must be legal in ny.

posted from my stupid smart phone, please excuse any spelling mistakes.

vafish
01-18-2013, 05:56
Does the new law mean I can't put 10 rounds in my mag when I am flying? But I can have 50 rounds in an a ammo box?
Depending on the airline I am on, the rounds are in the mag, the mag is in a mag pouch and the airline is happy.

- G

Yes that is exactly what the law means for a ny resident.

Fopa only protects you traveling through bad states, it doesn't protect you if you choose to live in or visit one.



posted from my stupid smart phone, please excuse any spelling mistakes.

Gallium
01-18-2013, 06:52
... it doesn't protect you if you choose to live in or visit one.



...


Not to worry luv, this stuff is like a cancer. Chances are we'll be exporting this same ****ty governor to the White House in 2016. The conditions of living in my state are creeping up on the entire nation. Will you choose to remain in the USA?

Bren
01-18-2013, 07:21
Scenario:

NY has a ban on mags over 10 rounds, and a limit of 7 rounds in a magazine.

If I (anyone) who is lawfully able to possess a gun and the ammo for that gun, am I no longer able to have the ammo in my magazines with the mags loaded past 7 rounds at check in when I declare my guns? In the NY metro area (and at other airports) the police are summoned upon declaration of a gun - any gun to ensure the possessor is lawfully able to possess.

I have gotten small grief in the past with having clearly identifiable pre-ban mags (loaded or unloaded). Those mags are not what I am talking about in this thread. I am referring to showing up with three mags worth of rounds where mags are loaded.

Only time will tell, and a test case.:faint:

Do you know of some FOPA "safe passage law" that would allow you to walk into an airport in New York with a gun and declare it? best I know, you go to jail even if it's a 5-shot revolver, unless you have whatever permit you need to possess a gun in New York..

Gallium
01-18-2013, 07:47
Do you know of some FOPA "safe passage law" that would allow you to walk into an airport in New York with a gun and declare it? best I know, you go to jail even if it's a 5-shot revolver, unless you have whatever permit you need to possess a gun in New York..


Since you (obviously) don't know, I will tell you.

It is (was) FOPA that forced NYPD and PAPD to recognize the fact folks could lawfully remove their firearms from their NY domiciles to points outside of NY. In NYC, particularly for example, permits were PREMISE only - yep, meaning you could only possess the gun at the address listed on the permit, the only exceptions to the permit holder being

1. Taking the gun home from the dealer
2. Taking the gun to, or from a licensed dealer for repair
3. Surrendering the gun to a licensed dealer or the police
4. In the event of death of the permit holder, the estate lawfully disposes of the gun


It is in part, because of the stink raised by the protections of FOPA (NY gun owners were legal at the start and end points of their journey, but were getting hassled at the airports) that the rules were "loosened".

- G

vafish
01-18-2013, 14:42
Originally Posted by vafish (http://glocktalk.com/forums/showthread.php?p=19879814)
... it doesn't protect you if you choose to live in or visit one.



...


Not to worry luv, this stuff is like a cancer. Chances are we'll be exporting this same ****ty governor to the White House in 2016. The conditions of living in my state are creeping up on the entire nation. Will you choose to remain in the USA?

Not a chance of him making it to the white house now.

He won't win a primary outside the north east and California.

posted from my stupid smart phone, please excuse any spelling mistakes.

4Rules
01-18-2013, 15:10
18 USC § 926A - Interstate transportation of firearms
http://www.law.cornell.edu/uscode/text/18/926A
18 USC § 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.

http://www.law.cornell.edu/uscode/text/18/926A


http://handgunlaw.us/


Guide To The Interstate Transportation Of Firearms
http://www.nraila.org/gun-laws/articles/2010/guide-to-the-interstate-transportation.aspx