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Yesterday a good friend of my told me a story about a man he knows that had a very unfortunate experience leaving New York's JFK airport.

The man is 76 years old and had a family heirloom pistol registered to his name. He wanted to transport it from New York City to his home in South Dakota in his checked baggage. He had talked to South Dakota law enforcement to get instructions, etc. and he followed them precisely - I don't know what the instructions were. I high doubt that he is a CCW or knew that New York City does not honor any out of state CCW license. When he checked in at the JFK ticket counter and told them he had a firearm to declare. The TSA took the pistol, his baggage and all of his belonging and put him in jail. 48 hours later he was released from jail and was told he could return to South Dakota without the firearm, baggage and the rest of his belongings.

Needless to say it was a very unpleasant and tramatic experience for him. I am surprised South Dakota law enforcement didn't give him better information.

Should he have shipped the firearm back to South Dakota by UPS or FedEx or would a FFL be required?
 

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He must not have packed it according to TSA regs.

I've sent handguns to very anti cities like Chicago w/o problems. The pistol needs to be in a locked case in the checked baggage, with any ammo in a separate checked bag as I recall. You have to declare the gun when you check in at the counter. The agent will then inspect the security of the locked case, tag it and give you a receipt.

At least, that's how it went when I did it. And that's been about 5-6 years ago. Could be that the rules have changed.
 

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To say New York sucks offers no solace in this situation. Even though I believe we all agree with BkCo1. It is unfortunate that TSA and States cannot work together. It is even more discomforting and repugnant that The U.S.A. is no longer These United States of America. Sorry for his trouble and disrespect.

Driving may have been the wiser way even though a hardship. Although there is a good chance that had he been pulled over and the weapon found he may be in even more serious trouble (if that's even possible.)

Below are TSA Guidelines. Hopefully someone else here will post the New York State guidelines.

Transporting Firearms and Ammunition https://www.tsa.gov/travel/transporting-firearms-and-ammunition

You may transport unloaded firearms in a locked hard-sided container as checked baggage only. Declare the firearm and/or ammunition to the airline when checking your bag at the ticket counter. The container must completely secure the firearm from being accessed. Locked cases that can be easily opened are not permitted. Be aware that the container the firearm was in when purchased may not adequately secure the firearm when it is transported in checked baggage.

Contact the TSA Contact Center with questions you have regarding TSA firearm regulations and for clarification on what you may or may not transport in your carry-on or checked baggage.

Firearm possession laws vary by state and locality. TSA advises travelers to do a little homework before they plan to fly with their firearm. Travelers should familiarize themselves with state and local firearm laws for each point of travel prior to departure to ensure that they have the proper gun permits for the states that they are traveling to and from. Airlines may have additional requirements for traveling with firearms and ammunition so travelers should also contact the airline regarding firearm and ammunition carriage policies prior to arriving at the airport.

https://www.tsa.gov/news/releases/2...rearms-planes-if-properly-packed-and-declared

The proper way to travel with a firearm is to make sure it is unloaded and packed inside a hard sided firearm case. Any ammunition should be kept in its original box and placed inside the firearm case next to the unloaded gun. A lock needs to be placed on the case. The traveler then should take the firearm case to the airline check-in counter and declare that he/she wants to travel with the gun. The airline will have the traveler fill out a form. The airline will make sure that the gun travels in the belly of the plane—never in the cabin of the plane where someone would have access to it during the flight.
 
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Avoid large cities and airlines.
 

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He must not have packed it according to TSA regs.
No he possessed a pistol in New York City without the proper permits/paperwork. He committed a felony. Isn't it a three year minimum mandatory prison sentence just to possess a gun in NYC? The old guy is in for a big world of hurt.

Its a shame that the 2nd amendment is null and void in NYC.

And to the OP, South Dakota is in America. You know, where guns are legal. They gave proper advice, for MOST airports. It is not up to a cop from South Dakota to know the laws of NYC. The old guy didn't do his homework, and paid the price. He would have gotten better advice to call a NYC desk Sgt and ask anonymously over the phone. The cop would have told him that it is illegal to possess a handgun in NYC.

The only way he could have gotten the pistol home to South Dakota was to drive it there. Or perhaps drive to Pennsylvania or Vermont and board a plane there.
 

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He could have taken it to an FFL in NY outside of NYC and shipped it FedEx insured to another FFL in his home town. Poor guy. But he didn't do his homework as stated.


Take a look at all of these regulations....

http://www.handgunlaw.us/states/newyork.pdf

Airport Carry:
No Laws found. NYC is known to arrest anyone with a firearm traveling through the New York Airports.
Even trying to board an airplane with a properly cased and declared firearm can get you arrested.
See “Letter”from the United States Attorney General on the application of United States Code
Title 18
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Part I Chapter 44 §926A
on the Interstate transportation of firearms. This should be straightened out but never forget they
can arrest you any time and give you your day in court.

http://www.handgunlaw.us/documents/doj_doc_nyc_air.pdf


It's a shame your friend didn't read this.

BTW, if you are driving through NY state with a firearm.....be warned:

The best way to travel through NY or any state that has restriction is to carry a copy of Title 18 Part 1-Chapter 44 926A
of the federal code with you. Some law enforcement may not know the law.

DO keep the firearm in a locked box. Keep ammo in another locked box. No ammo in Magazines or speed loaders in
the trunk or if no trunk as far back in the vehicle as possible in a locked box.
By NY Law if you are traveling across the state and can legally possess the firearm where you started and where you are going you can
transport it as above. But if you stop in NY and spend the night in a motel/hotel/camp ground etc you are in
violation of NY law and can be arrested if found with a firearm.

Stopping for gas and food would most likely be OK but this is not a given in NY.

So my advice....gas up before you enter the state and don't stop until you are out.
 
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Sad... but I would not have asked just the SD law enforcement... but also NYC. It's too bad, because everyone should be well aware that NY/NYC has especially strict firearms laws. He could have even called the airport first... who might have mentioned or commented on the illegality of possessing a handgun in the city limits.
 

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It is absolutely disgusting this poor man was victimized by the governments. Disgusting.

To be victimized by those bureaucrats is intolerable and beyond the pale. It is a classic example of an upright citizen being criminalized by the State.

We are approaching that point of no return.
 

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Only part of the story I'm surprised about is that he was released, and isn't awaiting trial on gun possession charges. Do not attempt to bring a gun into NYC without the proper permits. NYC (and NJ) are the two places I won't even drive through while in compliance with FOPA, just not worth the risk of arrest.

And if you're flying with a firearm in checked baggage and happen to be diverted to NY or NJ, do NOT claim your bag. If you do for some reason, you better plan to drive out of NY/NJ very carefully and catch the next flight in Philadelphia where PA law allows us mere peons to have and check firearms.
 

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They don't do FFL transfers in NY? I'm not sure how it works up there in Yankee land, it's against my religion to cross the mason dixon...
 

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While I would never expect SD LEO to be experts in transporting weapons in NYC, I would expect them to give the guy some warning. I don't know why they didn't urge him to contact the airlines, TSA, the airport, NYC LEO or even a NYC lawyer. In fact, just about anyone that knows anything about firearms should have told him that NYC is not part of the USA as we know it.
 

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They don't do FFL transfers in NY? I'm not sure how it works up there in Yankee land...
Neither do we. It is believed that many of the laws are left ambiguous in order to allow for selective enforcement or outright disregarding federal laws for their own local laws. It is a shame.
 

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Neither do we. It is believed that many of the laws are left ambiguous in order to allow for selective enforcement or outright disregarding federal laws for their own local laws. It is a shame.
Not just a shame. Its criminal!!!
 

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I live in NYC and am a retired LEO with a retired police carry liscense.
When I have flown out of NY with pistols I follow the regulations to the letter.
However, when declaring the firearm the ticket agent calls the Port Authority PD and an officer comes over and checks that the gun is legally possessed ( via NYC law) and then if it is legally unloaded and prepared for transit.
My PA friends tell me that they now have discretion in these types of situations and quite often allow the person to proceed with the check in and leave with the firearm but that is up to the duty Lieutenant.
Moral-- do not bring guns to NY unless you have a liscense or are covered under HR 218.
 
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