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Posted: 1/4/2006 2:07:11 PM EDT
Might be on wrong forumht
However, would like advise on mag capacity for AR while travelling through all of NY, except NYC, while camping.
Heard something about pre '94 is ok, after and you do some time.
Should I be checking mag markings for dates?

TIA
Link Posted: 1/4/2006 2:13:08 PM EDT
Correct ....NYS does allow the possession of hi cap mags made before 9/14/94.

Refer to www.nysrpa.org/nygunlaws.htm for additional info.

Link Posted: 1/4/2006 2:25:21 PM EDT
Thanks for the reply and link.

Other question now arises after reading regs:

Definition of "Loaded"?
No cartidges in mag, no mag in magwell or just no cartridge in chamber?

Thanks again.
Link Posted: 1/4/2006 3:09:44 PM EDT
Loaded is by definition in New York state any firearm that has a round in the chamber, or has rounds in the gun itself by means of an attached or detached mag. In other words you cannot have a rifle with a loaded mag inserted in it while you travel.

You can have mags filled with ammunition, but not inserted into your rifle while you travel in the car. You are best off putting the rifle in a case, and (if you must) have a loaded mag I recommend putting it in your glove box or a separate bag.
Link Posted: 1/4/2006 4:26:37 PM EDT
Thanks for the definiton.
No car, MotorHome travel. So that brings up more questions as to what is accessible or not as we can walk around inside. Probably best to put in outside/basement compartment while traveling.
Link Posted: 1/4/2006 4:42:30 PM EDT
[Last Edit: 1/4/2006 4:51:47 PM EDT by warddc]
Wouldn't this fall under the federal peaceable journey law in that if you are legal where you started your trip and legal where your're going then your're legal everywhere during the trip?

dave.

eta: yeah here is a snippet of ny law.

Non-residents:

A non-resident citizen may possess a rifle or shotgun in New York, as long as it is unloaded while being transported. No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. New York does not issue licenses to non-residents nor does it recognize licenses issued by other states. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.) A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container. An alien may possess a rifle or shotgun for use while hunting provided he has a valid New York hunting license. "If such (handgun) license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant." Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container.

Link Posted: 1/4/2006 5:07:36 PM EDT
The catch is the "necessary stops".
We stop to camp. Fall and spring are wonderful in the Mountains of NY in and around Howe Caverns (a 3 day weekend for us).

Unfortunately cross over to Motorhome boards gets real tricky as to who might want to give advice and declare they carry weapons with them.

The "Traveler's Guide to the Firearms Laws of the Fifty States" researched and written by J. Scott Kappas, Esq. is just that, a guide. It only outlines State gunlaws.

Link Posted: 1/4/2006 5:25:00 PM EDT
Not a lawyer....Rest is overnight, but three days is stopping in NY. IMHO.

Bolt down a little safe in the basement of the RV and keep them there. "Combo? I dunno this is my brother in laws RV?!"
Link Posted: 1/4/2006 10:56:02 PM EDT
3 days is NOT peaceable journey. The point of PJ is that you are passing through NY to a gun-friendly destination, not stopping nor deviating for any other purpose other than those outlined. Thus, the "journey" portion of PJ.
Link Posted: 1/5/2006 3:00:05 AM EDT
[Last Edit: 1/5/2006 3:02:57 AM EDT by armaliteuser]
Thanks and understand the PJ standard which works when we know we can make it across a state in one day. Local/state gun laws always on my mind when we are travelling longer distances or stopping overnight/longer. Doubtful and up to interpretation "home" in Motor Home considered vehicle or "home" purposes for carrying for protection vs. going out to another state to shoot.

NY is close enough for spontaneous travel/camping so the more specific mag capacity question.

Best , I figure, is to follow lowest common demonitator laws with mag capacity/dates on mags and storage regs. I can only hope the Judge will be lenient. I am not going to argue the case with the LEO just doing his/her job whose job is dangerous enough on the street .

Even with dofferent regs will never get into CA or NJ as examples. No slam on those states but plan to get a bank vault in NV is we ever decide to take a trip up the CA coast and no hollow points in NJ just across the river from us.
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