NY state Non-resident in a boat
This is a discussion on NY state Non-resident in a boat within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am nearing retirement and one of the boat trips I am planning is to cruise the Erie Canal (or part of it) in my ...
December 31st, 2009 07:57 PM
NY state Non-resident in a boat
I am nearing retirement and one of the boat trips I am planning is to cruise the Erie Canal (or part of it) in my own trailerable cruiser.
I was a NY state resident until 1972 and held an unrestricted CWP (thank you Wayne County Sheriff), howver, I know that when I moved I gave up that right. (Yes, I do have a resident Florida CWP. The Erie goes thru a lot of, shall we say, very sparsely populated area, and would feel naked without some sort of protection
So, bringing a pistol is out; I know this. Would it be illegal to bring a smaller shotgun or folding stock rifle? Of course, it would be kept out of sight unless needed.
Does anybody have an idea of if its legal, and plase try to find something in the state statutes to quote.
December 31st, 2009 09:17 PM
Rifles and shotguns are basically unrestricted in NYS except for the NYC area.
If you are on the canal system and stay away from the lower Hudson River (NYC area) you could have a shotgun or rifle with you. NY gets a lot of out of state hunters and shooters and I have never heard of any of them encountering any problems.
December 31st, 2009 09:21 PM
I think NYS still has an AWB, so I'd be careful about a folding stock on a rifle. Check the local laws first. And no more than 10 rounds in a mag, unless the mag was made before blah blah blah...
December 31st, 2009 09:25 PM
From a rather out of date hunting regulation pamphlet for NY state.
# No loaded guns in or on a motor vehicles or motor boat. That includes snowmobiles, atvs and dirt bikes, except for special handicap permits. You can have a loaded gun on a motor boat if the motor is switched off. Sailboats must have their sails furled before you can load your gun. Also, both sail and motor boats also have to be stopped or just drifting before it's legal to load the guns.
January 1st, 2010 12:43 AM
(This will tell you what you can have on your boat and not be subject to the Assault Weapons Ban in NY.)
The following are not considered assault weapons under section 265.00(22):
Any rifle, shotgun or pistol that:
Is manually operated by bolt, pump, lever or slide action; or
Has been rendered permanently inoperable;
A semi-automatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or
A semi-automatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
(This means if you have ammo on you or within a short distance of the firearm it is considered loaded in NY.)
New York prohibits the possession of a loaded handgun outside of the home or place of business without a license. N.Y. Penal Law § 265.03(3). The state also prohibits any person from possessing a loaded short-barreled shotgun or rifle or an assault weapon outside of his or her home or place of business. Id. The prohibition on possessing an assault weapon extends to unloaded assault weapons. Section 265.02(7). The term "loaded firearm" includes any firearm possessed by a person who also possesses any ammunition which may be discharged by the firearm, whether the firearm is loaded or unloaded. Section 265.00(15).
Also Rochester, Buffalo, Yonkers and Suffolk County either have laws against possessing any Handgun, Rifle or Shotgun in any public places in their city or county or laws that say that all firearms must be stored in secure places. So stay away from these places.
It looks to me, Under NY Law, that if you have a firearm on your boat and ammo on the boat they can charge you with having a loaded firearm. Bernhard Goetz didn't go to prison for shooting those gang bangers on the subway. He was never convicted of shooting them. He went to jail for having an unregistered firearm.
Also I do believe that parts of the Erie Canal are contained in State Parks that are also off limits to Firearms in NY. If you keep it locked up it is useless. If you keep it out with ammo nearby I believe you could be charged with having a loaded firearm. That is the law as I see it. Many times a man has to do what a man has to do. But just remember you have to live with the consequences of your actions even though the laws they will charge you with are idiotic.
Member Armed Citizens Legal Defense Network
January 1st, 2010 11:24 AM
I wouldn't worry about it. If you have some type of pistol carbine I would keep the ammo and carbine seperate. That way it's not loaded in the vehicle.
January 1st, 2010 01:46 PM
Thats what I was thinking. Get a small carbine type rifle, clip fed. Keep them all separate until needed.
When I was in NY back when, one of my shooting buddies had a corvette. When we went in his car, the rifles were on the back ledge behind the seats with the ammo in a .30 cal ammmo box. The guns were very visible to any one looking thru a window. There was no trunk on this car. Now, looking at what was said above, the guns and ammo were immediately accessible to the cars occupants.....
We went thru a state police roadblack and after the cop asked if they were loaded, we said no and he said have a nice day.
January 1st, 2010 07:57 PM
Originally Posted by mastercapt
get yourself whatever long gun you want, put it in a case and store it. Keep the Ammo in a separate case. as long as your moving on the canal you will be fine, as it would be virtually impossible for someone to attack you while on the water. The only time your going to need a firearm is when you dock for the night and then I doubt you will need it as I have never heard of anyone being attacked on the canal. It will be VERY RARE that you will be laying over alone. there are docks and marina's all along the canal system and as you should know, boaters are a fraternity and I have never met "undesirable" folks on the water. (except for those cheap blow boater types just kidding)
NOW, if you go out on Lake Ontario, EXPECT to be boarded. The USGC has stepped up patrols, but they will be looking for illegal aliens and drugs trying to enter the country. I have been all over Lake Ontario from Niagara-on-the-lake to Toronto, to Kingston to Sodus Point, and most places in between and I generally got pulled over at least once per season. Don't worry, they will call you on Channel 16 and ask you if have been boarded "this year". Just shut down and let them come to you.
One word of caution: Secure your vessel before you let them board, make sure your fenders and lines are secure, then give permission to board. They will wait
HAPPY NEW YEAR
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