Do not fly out of NY AIRPORTS

[BikerRN]

To the OP:

Good job bro' and congrats on making it to retirement.

Biker

[tag1737]

Flying out of a NY airport is NOT a problem if you have a NY Pistol License.

It seems that the Albany and NYC DA's are not respecting the Federal Transport of firearms protection. The federal protection cover the transport of the firearm in the trunk or inaccessible area of a vehicle. Once you take it out of the vehicle in NY, your in trouble.

The DA obviously does not care about any documentation you may have. The Sheriff has been instructed to arrest you if you have a firearm and do not have a valid NY Pistol License. I understand that the Sheriff himself has asked the DA to back off on this to no avail.

I go up to the counter in Albany, declare my unloaded S&W 9mm, fill out a small form, Sheriff comes to check my pistol permit, TSA checks the bag, some times they check the firearm other times they don't, and I'm on my way to Orlando.

[fredmaidment]

I am a Georgia resident with family in CT. Traveling to HPN, LGA, EWR and JFK is often far less expensive than BDL or HVN. As a result, when I travel to visit family, I'm often traveling via a NY airport.

A few years back, I went to see my cousin's wedding in New York, staying with family in Connecticut. I flew into HPN (White Plains). No problems on the way in, and no laws against the law-abiding (even those from other states) possessing a firearm in a locked case in CT. I went to the wedding in NY, leaving the firearm at my family's home, then showed my M1911A1 to a friend while there in CT.

On my return trip, I declared my firearm to the TSA Agent. The TSA Agent notified a LEO at the airport, who came over to question me.

Now a little about my background: I was a Ground Security Coordinator for an airline a few years back. I am intimately familiar with the laws regarding TSA responsibilities and the transportation of firearms by air. The TSA, at the time, was not permitted to call a LEO when a firearm was being legally transported (that is, unloaded in a locked case in checked luggage). Nor was the TSA permitted to assist local law enforcement with the enforcement of local laws, but rather only Federal laws. In other words, the TSA Agent that started all of this broke the law.

So anyway, the LEO arrives to question me, asks for identification. I know NY is very skittish about guns, so I don't question anything, I simply comply. I informed the LEO that the firearm was mine, I had just arrived from CT and was returning to GA. The LEO asked me for my NY firearms permit. I told him I was a GA resident and didn't have one (NY law would not permit me to obtain one, anyway, as you must be a resident of the State of New York to obtain an NY permit).

A few more minutes of questioning, and I was escorted to a room where four LEOs inspected the firearm and the questioning officer asked more questions. A few minutes more, and I was informed that I was being arrested for having a firearm without a permit in the State of New York. Embarrassing as this was, at that exact moment my cell phone rang. It was my father, who had just dropped me off and was shocked to find out I was being arrested. Dad never did much with me and firearms; he allowed the Boy Scouts and Civil Air Patrol to introduce my brother and I, but he'll be damned if anyone is going to take his 1911, his two rifles or his double-damascus.

I was placed in handcuffs and driven to a nearby county police station. The officer was genuinely and profusely sorry. He kept stating he didn't want to arrest me and believed every law-abiding citizen should be allowed to have a firearm, but that his senior officer had informed him that I should be arrested (it was the first month of the arresting officer's tour at the airport). I was placed in the search cell, where they put you to search you when you arrive, but wasn't searched. I waited there three hours until the Captain of the precinct came in to inform me that I was being officially "unarrested" (whatever that means), and that I would be permitted to continue my travels, even take my gun with me. Apparently, the DA in the county at the time was dealing with an Army Colonel who had been given the same treatment, and it was giving the County a PR "black eye."

I found out later that, having missed my flight, the County had purchased me another ticket (I found this out when I got my AAdvantage statement and had received frequent flier miles for my return trip--my original flight was an AAdvantage reward ticket!). I was released to my father, who drove me back to the airport. Before leaving, the Captain informed me that the next time I travel in NY, don't bring my gun.

Since then, I've simply chosen not to travel in NY. I know my rights, and I'll defend myself in court if I have to, but I'd rather not give the socialist myrmidons in that state one red cent if they're going to violate both the US and NY State Constitutions...

[stuckinnj]

tag --

the only problem with your suggestion (to get a NY Pistol license) is that NY does not issue non-resident licences. I live in Northern NJ, on the NY line, and there is a range 3 miles from my house in NY. However, it is illegal for me to drive into NY to go to the range, thus forcing me to drive 40 minutes to the closest NJ range. I have inquired about obtaining a non-resident firearms ID card from the Rockland County (NY) Court Clerk, who issues the ids, and was told it was impossible.

stuckinnj

[tag1737]

Stuckinnj,

I don't believe I suggested you get a NY permit as this is impossible for non-residents.

I merely wanted to point out that this thread title "DO NO FLY OUT OF NY AIRPORTS" could alarm NY residents with permits. It did me and was the reason I jumped on it.

If your a non-resident, you are screwed.

I just got back from Florida with my PPK and my experience at Albany airport was quite pleasant. Deputy was very friendly, he verified my permit was valid with a quick radio communication. TSA came over an asked the deputy if it was all ok, and I was on my way. My wife and I arrived early just in case there was an issue but the process took less then 3 minutes.

The thread name should be changed to "Do not fly out of NY Airports if you don't have a NY permit"

TAG

[chroode]

Bill Status Search by Bill Number

ADC - New York City Administrative Code(NEW)

Title 10 Chapter 3
§ 10-305 Exemptions.

i. (1) Non-residents in transit. Any other provision of this chapter
to the contrary notwithstanding, a non-resident of the city of New York
who, without a rifle and shotgun permit issued hereunder, enters the
city of New York possessing a rifle or shotgun in the course of transit
to a destination outside the city of New York, or a non-resident of the
city of New York who enters the city of New York possessing an assault
weapon in the course of transit to a destination outside the city of New
York, shall have a period of twenty-four hours subsequent to such
entering to be exempt from penalty under this chapter for the unlawful
possession of a rifle, shotgun or assault weapon, provided that such
rifle, shotgun or assault weapon shall at all times be unloaded and in a
locked case, or locked automobile trunk, and that said non-resident is
lawfully in possession of said rifle, shotgun or assault weapon
according to the laws of his or her place of residence.

NYS law shows NO exemption for handguns except for shooting events.
New York Penal Law Section 265.20 - Exemptions. - New York Attorney Resources - New York Laws
Article 400 - Penal Law - Licensing and Other Provisions Relating to Firearms

[chroode]

NRA-ILA ::


Caution--New York is the only state that prohibits the transportation of handguns without a license. Travelers should therefore be particularly careful since they face severe consequences should they inadvertently violate the state's highly restrictive statutes.