Upstate New York Car Carry

This is a discussion on Upstate New York Car Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So this summer's vacation is going to take me and the wife to Niagra Falls. We will start from the Cleveland, OH area and make ...

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Thread: Upstate New York Car Carry

  1. #1
    Distinguished Member Array Doc Holliday's Avatar
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    Upstate New York Car Carry

    So this summer's vacation is going to take me and the wife to Niagra Falls. We will start from the Cleveland, OH area and make our way through Penn. and into NY. Penn. is the only state that I will be allowed to carry concealed in as Ohio and New York do not recognize the Ga. permit. However, am I allowed to carry my pistol in my car in New York like I do in Ohio? (In a locked case, unloaded, in the rear cargo area of the SUV) I would at least like to have it in the hotel room where we will be staying. I know that NY is one of the most stringent states so would I be better off just leaving it at my in-laws house?????
    Why Ike, whatever do you mean? Maybe poker's just not your game Ike. I know! Let's have a spelling contest!

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  3. #2
    Member Array lump532's Avatar
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    I don't think so

    I just recently moved out of New York. My understanding is that if you are passing through you can have your gun locked with the car with the ammo separated. I am not sure its a good idea to keep it if your doing more than just driving through.

    On the other hand, as long as your good (don't get stopped) you should be fine. I am sure there is someone who can answer more definitavely as I left my NYS gun laws book in New York.

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    Senior Member Array NYcarry's Avatar
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    You cannot possess it here in NY without a NYS permit, only if you're passing through NY to another destination were it would be legal for you to carry.
    Last edited by NYcarry; April 26th, 2008 at 04:16 PM.

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    Member Array albundy's Avatar
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    niagara falls

    I stayed on the Canadian side much nicer than the NY side. At the border the Canadian customs asked if I had any firearms. They said they would hold it until I left Canada. Since staying in Canada I didn't carry and left the 6 shooter home. Also if you want to save a ton on parking join the players club at the casino, its free. They are both the same and with your players card you get free parking.

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    Member Array PHILBEE's Avatar
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    Doesn't federal law allow on interstate transportation of fire arms apply here?

    Federal Law on Interstate Transportation of Firearms
    Code of Federal Regulations
    Title 18 > Part I > Chapter 44 > 926a
    926A. Interstate transportation of firearms
    Release date: 2005-08-03
    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.
    US CODE: Title 18,926A. Interstate transportation of firearms

  7. #6
    Senior Member Array NYcarry's Avatar
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    Quote Originally Posted by PHILBEE View Post
    to any
    other place where he may lawfully possess and carry such firearm
    Only if the destination allows you to legally carry, which NY does not.

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    Member Array nativenyerintexas's Avatar
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    The way I read the OP's question is he'll be staying in New York. I'm not sure about New York State, so I'm sorry if you consider this off topic, but in New York City you CANNOT possess a firearm unless you have a permit issued by NY (not sure if it would be issued by NYS or NYC). New York does not recognize any other state's concealed carry laws.

    From looking at the following link, you can't even carry in PA.

    http://www.handgunlaw.us/maps/ohio_map.gif

    Handgunlaw.us

    http://www.handgunlaw.us/documents/USOffLimitsN-W.pdf
    It is to be observed that Right of Self-Defence, arises directly and immediately from the Care of our own Preservation, which Nature recommends to every one. . . , and that this right is so primary, that it cannot be denied on the basis that it is not "expressly set forth.

    --- Hugo Grotius

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    Senior Member Array hudsonvalley's Avatar
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    Welcome to the Land of Hillary ( new friend of gun folks like us).
    I believe the locked box, ammo separate thing will work.....as long as you don't spend the night.
    Government's first duty is to protect the people, not run their lives.
    ---Ronald Reagan

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    Array Rock and Glock's Avatar
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    Get the skinny here at NRA-ILA: NRA-ILA :: Gun Laws

    Click on the state of NY, and then read the download very carefully. Their laws are draconian, to say the least!

    The federal "Interstate" law would help you here, but you are a lot better off not finding out for yourself.

    Enjoy the falls!

  11. #10
    Member Array Maxx's Avatar
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    I'd be real careful having a handgun in the car, much less carrying in NYS.

  12. #11
    Member Array kelsey's Avatar
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    If you are not a resident of The People's Republic of New York with a valid pistol permit you are forbidden from carrying in this state in any way, shape or form. New York does not recognize any other states permits. Plus valid permit holders in New York State can only carry concealed on their person. You can travel through New York State with your handgun unloaded either locked in your trunk or in a lock box in the passenger compartment if you do not have a trunk as long as you can legally carry at your beginning and final destination. Should you be pulled over for anything, the authorities here will verify your destination and whether or not you can legally own the gun. Read New York Penal Law Section 265.20 (a) 13 in regards to competing in NRA approved events in New York State. And remember that New York City has it's own laws regarding firearms that are more restrictive then the rest of the state at this time.

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    Distinguished Member Array Doc Holliday's Avatar
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    Well thanks for the replies folks. I knew New York was restrictive but d@mn I didn't think it was that horrible. Looks like I will be leaving it on this trip. Can I at least take pepper spray?
    Why Ike, whatever do you mean? Maybe poker's just not your game Ike. I know! Let's have a spelling contest!

  14. #13
    Member Array nativenyerintexas's Avatar
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    Pepper spray (and the like) is illegal in NYC, not sure about New York State. It is legal in New Jersey though and you can buy some there if you need to but don't let them catch you with it in NY. At the very least, they will confiscate it from you but more than likely, NYPD will do a lot worse.

    I lived there for almost 40 years before I smartened up and moved to a state that actually wants you to protect yourself. After a confrontation with an armed criminal, they expect you to call 911 and hope the cops and ambulance get you to the hospital in time to save your life. I like my gun AND my life.
    It is to be observed that Right of Self-Defence, arises directly and immediately from the Care of our own Preservation, which Nature recommends to every one. . . , and that this right is so primary, that it cannot be denied on the basis that it is not "expressly set forth.

    --- Hugo Grotius

  15. #14
    Member Array kelsey's Avatar
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    Chapter 9 Section 10-131 e. of the New York State Penal Law only applies to the law regarding the sale and possession of tear gas and fees for permits to carry and sell it in New York City. Self Defense Sprays containing only oleoresin capsican are allowed throughout New York State including New York City, but there are specific laws regarding them, in Chapter 3 265.20 14, 54.1, 54.2 and 54.3 of the New York State Penal Law. Purchase and carry spray that matches the guidelines and you'll be legal.

  16. #15
    New Member Array airpowers's Avatar
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    In New York, its not really a matter of concealed carry for starters. You need a permit to simply purchase or posses a handgun. Also, I don't believe my lovely state recognizes permits from anywhere else. Other firearms are fine, if the gun is locked and in a place not easily accessible and the ammo is stored somewhere else away from the firearm. Pistols are a no go in this state, period. As a side note, I'm moving;)

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