Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Durkin Tactical Franklin Armory
User Panel

Site Notices
Posted: 6/8/2002 8:14:42 AM EDT
Is there any way to transport a Pre Ban AR-15 through NY state legally.  
I am planning on driving up to Maine this summer and want to bring my AR along.
Link Posted: 6/8/2002 11:01:47 AM EDT
Yes, put it in your trunk, not readily accessible by you and drive on your way. As long as rifle was legal at starting point and legal at destination, you are set to go. You are also covered by the McClure-Volmer Act in regards to lawful transport between 2 points.
Link Posted: 6/9/2002 11:13:22 AM EDT
It is legal to transport a rifle through NYS.  When transporting firearms they should be unloaded in a locked case separate from the ammo.  Although it is not required by law I would transport firearms with trigger locks installed and keep the ammo in a locked container.  

Unfortunately the McClure-Volmer Act could be used as a defense but it will NOT keep you from being arrested for violating state firearm laws.
Link Posted: 6/10/2002 7:11:31 AM EDT
So, let me get this straight.  

I wouldn't violate any federal laws, but I could still be charged under state law?

And if caught I would have minimal chance of ever getting my gun back?

Am I getting this right?
Link Posted: 6/10/2002 4:01:33 PM EDT
You are allowed "fair transit" through the Peoples Republic of New York. You need to look around the web and find the state gun laws. It is on the NRA web page, I believe.The law is pretty clear, the firearm must be stored in the trunk of the vehicle, in a locked case and seperate from the ammo. I do not remember if the bolt had to be open or closed. I'm an expatriate New Yorker and traveled all over the state with firearms. Even got pulled over a time or two. One thing is that New York is a "declare" state. You are obligated to inform the cop that there is a firearm in the vehicle. Like I said, I was pulled over a few times, declared, told the cop where it was, sometimes they wanted to see it, some times they didn't. They do get real jumpy about handguns, so travel with them in a locked box.

If you haven't done anything to raise the cops attention, you will have no trouble. If you act like a confrontational fool, especially if you were pulled over for speeding or violating some traffic law, you can be in for a rough ride. Can they take your guns? Yep. Can they charge you with illegal possession, maybe. Unless you were using or transporting the gun in an unlawful fashion. If you keep to the interstates, stay out of the big cities like NYC or the other southern parts of the state, you will find more cops to be okay with the guns.  
Link Posted: 6/10/2002 4:12:33 PM EDT
Link Posted: 6/10/2002 4:18:39 PM EDT
Link Posted: 6/10/2002 4:29:45 PM EDT
Link Posted: 6/10/2002 4:51:31 PM EDT
I didn't address bringing a handgun into NYS because the question only concerned a rifle.  Except under some very limited circumstances it is illegal to possess a handgun in NYS without a NYS pistol license.  

There are no restrictions on possession of an AR15 rifle in NYS except the usual federal restrictions. A pre/postban AR15 is NOT an assault weapon in NYS and is NOT banned.  The NYS AW ban is a mirror of the federal ban with the exception that it does not expire.  NYC does have an AW ban but you are permitted to pass through the city.

If you are transporting the rifle in the trunk of the vehicle you are not required to have it in a locked case. I would recommend that all rifles be in locked cases separate from the ammo in any case.  

Aimless: I have never heard of any regulation that requires you to declare possession of a firearm in NY. Would you please point me to the regulation. TIA
Link Posted: 6/10/2002 5:09:55 PM EDT
Link Posted: 6/11/2002 6:39:29 AM EDT
LE did not ask, do not tell. Anytime you travel, use common sense, unless you are a criminal and need to have a loaded firearm readily accessible for some dumb reason. I have traveled back and forth from NY to OH with pistols and rifles, OH to WV with all my stuff and NFA, Just use your head,, UNLOAD, SEPERATE, CASE, OBEY common sense laws.

You can call ATF and get "ATF Publication 5300.5" for free, "State Laws and Published Ordinances"--covers general laws breifly.
Link Posted: 6/11/2002 6:45:28 AM EDT
If you have enough time before heading to Maine, try giving the NYS AG a call. Ask for a letter (faxed and hard copy) explaining your RIGHTS of peacable passage through their state. I know a couple of guys that do the Bullseye circut and go into NY all the time. They get letters of transit and competition from AG and all is good.
Link Posted: 6/14/2002 3:14:54 PM EDT
LE did not ask, do not tell. Anytime you travel, use common sense, unless you are a criminal and need to have a loaded firearm readily accessible for some dumb reason.
View Quote

Is this some kind of sarcasm?!? [:O]

To my knowledge, McClure-Volmer Act makes it legal if the rifle is unloaded and in a locked case in the trunk with ammo seperately locked up. Of course, if caught, you could still spend some time behind bars while the lawyers sort it all out. So obey all speed limits, keep vehicle in good working order, keep to interstate highways, and try to go through NY nonstop if you can.

Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.

By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top