South Carolina to New York

[Raganrsx]

I will be taking my annual trip back home to upstate NY for hunting. I am a resident of SC. I own property and a home in NY ( I know that doesn't make me a resident ). I have my hunting rifle to take for just that. But I was curious to know if I could take my AR-15? ( not for hunting )I'm getting mixed answers as it pertains to laws.
I understand certain things might hinder me. IE: mag capacity, barrel length, stock. Etc. My AR has a retractable stock, 16" barrel, the norm that you see in my profile picture.
Any help is greatly appreciated.

Jeremy

[homershoots]

Well I'll tell ya man I'm really not sure best bet would be to ask in the ny specific forum. Being as I just returned from a trip to north jersey I say take whatever you like with you. Don't get pulled over make sure everything is either locked up in your trunk locked in a pickup bed with cover or toolbox and stay out of jersey! Good luck brother and have a safe trip!

[Retired Grunt]

I think but am not positive that the collapsing stock is a no no in NY Also watch for any mag over 10 rounds that is not pre-ban

[kauphycup]

FEDERAL LAW ON TRANSPORTATION OF FIREARMS

A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage.

Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess such firearm to any other place where he or she may lawfully possess it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. FOPA also seems to provide for necessary stops, like gasoline and rest.

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest.

[keith4298]

@kauphycup, be careful about how you read statutes. Part of FOPA is that the weapon must be "legal" to possess in both the place you are coming from and the place you are going to. In other words, he could go through NY if he were heading to Vermont where such an AR15 would be legal, and be covered under FOPA for the entire trip -- but if his final destination IS in NY, that wouldn't apply.

Best bet - don't bring it. Second best, don't get caught.

[Raganrsx]

@kauphycup, be careful about how you read statutes. Part of FOPA is that the weapon must be "legal" to possess in both the place you are coming from and the place you are going to. In other words, he could go through NY if he were heading to Vermont where such an AR15 would be legal, and be covered under FOPA for the entire trip -- but if his final destination IS in NY, that wouldn't apply.

Best bet - don't bring it. Second best, don't get caught.

Guys, thanks so much for the advise. i think i will be leaving it at home.

[InnerCircle]

As a retired LEO from NJ- Now living in the free state of Georgia, I can say that leaving the AR home is MOST PRUDENT- and It holds no bearing on travel through NJ. NJSP, and Most local LEO's in NJ are not in the habit- despite whatever BS you may hear of giving a law abiding citizen, in state or visitor a ration of crap for no good reason. Like anywhere, We got our "robo-cops" but I can say honestly, With a couple of exceptions mentions, We don't go out of our way to mess with good polite people. the point is- If you are going to be just another polite, decent citizen- No problem!
Now to the caveat on this-

If you want to be a *******, (sorry but let's be plain about this) You'll be regarded and treated as such. If pulled over- Keep you hands on your steering wheel. and for crying out loud- STAY IN THE CAR! Nothing tells us "He's got something I want to see" faster then the Goobersmootch who gets out of the car/truck/camper, and walks to the Patrol car. ESPECIALLY out of town/county/state whatever- Fireman, Security guards, Auxillary Police, EMT or COP-lawyers and Judges are great for that one too! that's right- You're not your jurisdiction. the officer has a job to do like it or not. If you belong to a PBA or FOP or Mickey Mouse club- You should know how to present ID- and How not to! If you uncles Cousin's Nephew is the dispatcher in Shell Pile NJ- IT DOES NOT MEAN A DARN THIS TO US. If you want us to know you're a _____ when presenting the ID's asked for"accidentally" add your ID card/FOP/PBA from your department in there. if the police officer sees it he will most likely look at it and say "I did not ask for that" and hand it back with little else to say for the moment. He may have a camera/Microphone on you and the situation. RELAX ABOVE ALL.

Here is an Actual conversation I was present to hear once-My Dept. and the local PD doing drunk checks at the county line there was a guy and what I assumed to be wife significant other Nicer line of car- Like a Buick or Cadillac. they had a "Adjoining state license plate" on the car-rental maybe? No matter- he had to stop like everyone else.

LEO- "good evening Sir, Madam- License and registration please? Sorry for the delay- Its the Holiday weekend a lot of Folks come to the Shore and drink too much-Ya know?...

Guy- Yeah, I know what ya mean- My ________ is a Cop in ________town in (some other state) Do you know him?

LEO, No but tell him thanks for his service there. May I have your License registration and Insurance please?

Guy- Yeah Sure- (pulls down visor and gets plastic card, gives to LEO) know what THAT is?

LEO- (it's a courtesy card from PD in his state) But the Officer says "You tell me what that is..."

Guy- Its a Police card from my________. He said to give you this and I should have no trouble.

LEO- Well Sir, Its from another state and though we issue something like that, its to show that the person is a safe driver. But this is different. No exceptions -We need your registration, Insurance and License. We are looking for Drunk drivers, folks under the influence and if there is anything illegal going on.

Guy- I don't drink, I am coming from a party a friend from college had on his boat. (tries to open the door of the car) I know my rights, I don't have to tell you anything- Now give me my card and I will be going home.

LEO- Why are you being belligerent? Is something wrong? Who's car is this? I think I would like you and the lady to step out of the car please...(4 more cops including me are now around the car)

Guy- Ok look, I know my rights! you need a warrant! I don't have to ....(he is "helped" from the car, Handcuffed and searched- he has a .25 caliber "pocket pistol" He is now SCREWED. Hollow points are a big deal in NJ - that gun was not registered he did not have a CCWP either, So much for the Card the whatever gave him!

the 4 cars before him? we stopped them, said "good evening, Sorry for the delay..." asked and got the proper ID's Asked the driver where they were going (or coming from) and if we did not smell anything in the car or on the person's breath- Off they go, total stop time? 90-120 seconds!

Sorry to drag this- But my point hopefully is very clear- regardless if you are perfectly legal, Have the proper permits and all - If you want to act like anything other than polite and cooperative, You will be asking for a hassle! Stay in the car, Answer the officers questions politely and to the point. Yes and No answer if at all possible. If you have a pistol- Legally on your person or in the car.It's up to you and what the law says to or not to tell the officer that you are a legal permit holder- You have a pistol on your person and ask if he would like you to unload or otherwise secure the pistol in a glovebox or whatever he likes? I have been stopped. I first listen and follow instructions, Identify myself as a retired LEO. I also tell the officer I have a pistol in my possesion and give him the option of he'd like me to either surrender it while the stop is going on or lock it up. I have never been asked to do anything other than keep it.

If you got something in the trunk, legal or maybe legal- don't say a word. If you were speeding or otherwise pulled over. Be very polite, listen to the officer, DON'T ARGUE!! Apologize if you were speeding, forgot to signal or whatever- If it wasn't aburdly over the speed limit- say you're sorry- A. "in this car it does not fell like you're going that fast, or b. You were following along with the general flow of traffic and guaged yourself to the traffic pattern. Unless your wife is in labor or other emergency- anything else is not going to cut it. If the police officer gets a hint you are lying, You are asking for more troubles.

[kauphycup]

If you read the entire posting you will see that aspect is covered.

[keith4298]

@InnerCircle

The only point I'd disagree with one is apologizing for speeding. While I completely agree that you shouldn't be a prick about it, apologizing (especially in the age of cameras and recording devices) is an admission of guilt which can and will be used against you should you be hoping to plea bargain a ticket in the future.

But seeing as this is a carry blog, I'll stop digressing - other than to say that driving is a privilege, not a right and you do NOT have the right to not show police officer pulling you over your license and registration. It's the law! You don't need to permit them to search your car (although they can arrest you for anything in plain sight), but you can't refuse to hand over your license and registration.

[homershoots]

Ahhhh innercircle brings back so many memories lol I'm am so glad I moved! Respect and politeness go along way to keep you from being ticketed hassled ect. Sorry if the stay out jersey comment got you upset-welcome to the real USA bud good to have you as a neighbor and m/b see you at the range sometime-I'll be the one that looks like homer Simpson lol!