Question for New York LEOs from a Civilian

Discussion in 'Cop Talk' started by TheBigCroaker, Jan 21, 2013.

  1. TheBigCroaker

    TheBigCroaker

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    First, Thanks for your service.

    My question is regarding a planned trip from home (West Virginia) to Vermont.

    I have a valid CCW permit from WV and plan to carry on my trip to VT. My route is mostly via Interstate. A few years ago I researched the issue and came to the conclusion that a traveller holding a valid CCW in his home state and traveling to another state that honors his CCW can legally carry while traveling on the Interstate (i.e. federal law preempting state law in this instance); opinion seemed to be that this was OK even for short periods off the Interstate (like to get gas or food).

    In the past when making this trip I would break down and secure my weapon in the trunk in a locked case while going thru NY. Now I'm wondering if I even dare carry at all while traveling thru NY.

    To complicate matters: (1) I need to make a quick stop, off the Interstate, at a farm outside Albany to pick up a new puppy; (2) north of Albany, I must travel 20-30 miles off the Interstate (on US 7 I believe) before I get to the VT state line; and (3) my carry weapon is a Glock with more than a seven round magazine. Would any of these factors be an issue?

    I would appreciate knowing how you and/or your jurisdiction would handle such a situation if I was encountered during a routine traffic stop while traveling thru NY state armed.

    Thank You
     
  2. IndyGunFreak

    IndyGunFreak

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    If it were me... I wouldn't.
     

  3. Patchman

    Patchman Florist

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    First, it's legally transport. Not legally carry.

    I have no idea how this new crazy law will be enforced at a NY traffic stop. But if in the past you've made this trip, then you already have a (previously approved) 10-roung mag. From what I understand, such mags are still OK to possess, so long as it's loaded only up to 7-rounds (or totally unloaded).

    As to the federal law you cited, you're correct. And it doesn't have to be an interstate. Any roadway applies, as long as you can show you're not intentionally going out of your way unreasonably.

    Another thing is, you might be required to prove your final destination really is VT. Otherwise pretty much anyone can say, oh yeah, I'm on my way to VT (or somewhere). For example, ideal proof would be a reservation at a hotel (verifiable by hotel) and/or you have a letter confirming the dates, your attendance, etc...

    Finally, as you noted about the complication involving the puppy. Under the above federal law you cited, yes, you can get gas or a bite to eat. But IIRC, case law also said staying overnight in a hotel/motel is a violation of this federal law. So where does picking up a puppy fall into? I have no idea! Are you paying $$$$$$$ for the puppy? Are you going to tour the farm and/or chat with the breeder for an hour or so? Or is this gong to be a pure grab-and-dash transaction? The devil is in the details.
     
    Last edited: Jan 21, 2013
  4. Top_Shot_31

    Top_Shot_31

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    I do not believe that is correct. As I understood it, the magazine cannot have a fully loaded capacity of more than seven rounds. Additionally, the law said that anyone possessing magazines with a capacity of more than seven rounds has one calendar year to sell them out of state before they would be prosecuted under the new laws.

    Again, that's how I read it originally, who knows what it actually is.
     
  5. Agent6-3/8

    Agent6-3/8

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    My advise is to stop at the NY state line, unload your weapon and secure it in be trunk. Once back in friendly territory stop and rearm. I would absolutely not carry a concealed weapon in the state of NY.

    FYI, there is no federal law that allows you to carry a concealed weapon in a state you otherwise couldn't just because you're on the interstate. However, you can transport that weapon if it is unloaded and secure outside the passenger compartment. Of course before doing anything check The laws of each state you'll be visiting.


    Sent from my iPhone 4s using Tapatalk
     
  6. Revvv

    Revvv

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    I would avoid NY completely if possible. That State has gone over the deep end of stupid.

    posted using Outdoor Hub Campfire
     
  7. Patchman

    Patchman Florist

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    The part you highlighted, I'm not 100-percent sure either. It's what I read here on some GT threads. That is, from now until gun companies actually start making and distributing 7-round magazines (for guns like Glocks, Smiths, Sigs models that used to sell in NY with 10-round mags), you're still allowed to use the 10-round mags but cannot load more than 7.

    Of course once 7-rounders come out, the 10-rounders go out the window.
     
    Last edited: Jan 21, 2013
  8. Patchman

    Patchman Florist

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    Only problem is, NY is like a constipation problem. It physically blocks all the northeast states from the rest of the country. :supergrin:

    Which is why during the revolutionary war, the British made such an effort to capture and control Lake Champlain, Lake George and the Hudson river, and NYC (And why Arnold's attempt to sell the defense plans of West Point (a strategic point of control of the Hudson River) was so important). The British wanted to cut the colonies in half.
     
    Last edited: Jan 21, 2013
  9. itstime

    itstime

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    I would store it. Buy enough food and gas to get through the state wo spending a dime within their borders.
     
  10. ray9898

    ray9898

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    I would unload and store the gun and ammo separate. The above info was correct, a 10 round mag is fine as long as it contains no more than 7 rounds. Do not carry any full capacity magazine.
     
  11. Rinspeed

    Rinspeed JAFO

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  12. RetailNinjitsu

    RetailNinjitsu

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    I live and work in NY. I have to come to hate it here. I would cut across I-84 and get into CT ASAP.
     
  13. RocPO

    RocPO

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    http://www.governor.ny.gov/2013/gun-reforms-faq

    My best advice to you is: if you are going to stop in NY for whatever reason, make certain to abide by ALL traffic laws. Don't give anyone a reason to stop you. And make it out of this ****hole as fast as you can. The FAQ above will answer your magazine question.
     
  14. Andy123

    Andy123

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    In regards to the grandfather clause, is there any indication anywhere that says whether the 10 round mag is grandfathered because it was manufactured prior to the ban, or because it was manufactured and owned within the state of NY at the time of the ban?
     
  15. steveksux

    steveksux Massive Member

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    Quoted for added emphasis as this is IMO the most dangerous potential error in your original post. Transport, NOT carry.

    And even the transport becomes illegal if you have a stay in NY. Gas/food stop ok, overnight, NOT ok. Anything in between is grey area, untested legal ground.

    You will face a world of trouble if caught carrying in NY without the proper permit.

    Randy
     
    Last edited: Jan 21, 2013
  16. ithaca_deerslayer

    ithaca_deerslayer

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    I agree.

    The number of rounds in the mag shouldn't matter, because it should be empty :)

    The mag should be a 10-rounder or less, to avoid unnessesary complications. If after April 15, make that a 7-round mag.

    The puppy thing is a real gray area. I'm not a lawyer, but I'd make sure to lock the gun separate from the ammo, which should also be empty mag and locked. My reason is to show a cop you are in no way trying to carry while in NY, and are just traveling through. No telling what a cop would do about any of this.

    Long guns can't be loaded either.

    ___________
    I joined the NRA, have you yet?