Travel through NY state

hercster

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After being hassled at the border three years ago, I've avoided crossing the border into NY state with restricted firearms. My understanding has always been that a gun owner can be in possession of a handgun as long as he or she is passing through NY state in transit to somewhere else in the US where his possession is allowed and he is authorized to possess a handgun at his point of departure.

I travel to Texas and return every year with restricted firearms covered by an ATF Form 6NIA. My reading of the NY law suggests that travel through the state without stopping is allowed. However that's not what the border officer thought and so I was refused entry. Since then I cross into Michigan which is an inconvenience.

With the new NY legislation, my concern is more acute as most of us will be carrying ten round magazines and possibly as in my case an AR15.

Does anyone have any new and reliable information?
 
I thought if you travel on the interstate there is no problem. However that's just a recollection. Aren't border agents federal? Why would they care about state laws?
 
NY State and NJ are nightmares -- they do not necessarily recognize the right of passage (Federal Law notwithstanding) with weapons that are illegal in their state.

You technically can pass thru -- but generally best to avoid like the PLAGUE
 
I thought if you travel on the interstate there is no problem. However that's just a recollection. Aren't border agents federal? Why would they care about state laws?

I absolutely agree. The Homeland Security guy didn't know what he was talking about. I would have challenged why as a Federal Officer he was trying to enforce a state law but you can't win with these guys and my wife was very upset. By this time he had my passports and wouldn't give them back to me until I followed him back to the Canadian entry. Even the Canadian border official who was a shooter than competed regularly in the US couldn't believe it. I'm very polite, very well organised and fully documented but that gets you no where once they have decided to exercise their perceived authority. Sadly I have had problems more than once despite being entirely legal. Sometimes winning with these guys is the worst thing you can do. My concern is that while the BG may not have authority, all he has to do is call his buddy with the state police and 15 miles down the road you are back to go or worse.
 
You should contact the NRA and have them send you the transport requirements. You can get an NRA membership for as little as $10 per year and show some support for the fight to keep the legislative restrictions more reasonable.
 
I crossed in February with a pair of handguns and commented on NY legislation. The DHS guy shrugged and said "peaceful journey law" indicating he was well aware that as long as my firearms are legal at my point of origin and my destination and would not be stopping for any extended period of time in a jurisdiction where they were prohibited, I was fine.

Really nice guy actually, he asked me to pop my trunk so he could verify my handgun serial numbers right there at the booth instead of passing me off to secondary inspection. The folks behind me might have been alarmed to see the DHS guy lift a handgun out of my trunk....perhaps even moreso when I got waved on through :D
 
So much depends on the personality of the guy in the booth. I've had very good experiences with some DHS officers and terrible times with others. I try to line up for the younger men that I reason are more likely to be competitive shooters. I've had a real neat chat with several who are often impressed with my guns and so we get into a bit of guy talk.

Then another told me I have no rights in the US and that they already had enough guns in the country without mine. He was the one that high jacked my passports and escorted us back to Canada. Last season, the officer hassled my sick wife until she cried over the "fruit and vegetable" line of questioning. If I were single and younger I would have taken that guy into a disciplinary hearing for sure.

I try to remember that they have what can be a tough job and always deserve respect even when they don't give it.
 
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