Posted: 9/6/2007 9:06:06 AM EDT
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Ok, here's the situation, then comes the question. I live on Long Island. I travel to New Rochelle (Westchester) twice a week to take a class. I then have 2 hours off until I need to be at another college in the Bronx (NYC) for another class. In those 2 hours, I would like to go to a range in Yonkers (Westchester) to shoot my .22 (single shot, bolt action) for a bit. It's pointless to travel another 35 minutes to go home, drop off the rifle, and go back to the second school, when the trip from school 1 to range to school 2 is under 15 minutes. At both schools, I don't park on campus, so no laws broken there with firearms. In Westchester, I know I'm all good with the rifle, so thats not a problem. Here's the question: In that 1 hour and 30 minutes that I am in class in the Bronx, is it illegal to have my rifle stored in my car there? I know as an NYC resident, you'd need to have the rifles registered. This .22 would not be registered because I live on LI. I'm assuming that the answer to this is yes, it is illegal, but I'm just giving it a shot. The rifle would be in a hard, locked case, with a trigger lock and cable locked to the inside of my car itself. I'm not concerned with the rifle being stolen, but if my car happens to be, I then need to report that there is a firearm inside of it and I'd like to know the legal issues. Am I only allowed to drive through NYC and make no stops? Thanks to everyone who has any input. |
its best to drive straight through NYC... only stops permitted are to grab a quick bite to eat or goto the bathroom. i know overnight hotel stays and such things are strictly verboten... not sure about a short few hour stop. im sure a city slicker will chime in with the proper legal advice 
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No go. Find a bud who you can leave the rifle with locked up in Westchester. I am assuming you are talking about either R & T in Mt. Vernon or Coyne Park in Yonkers. It's not worth it for you to have the gun in the Bronx. One mistake and you lose more than your car. I live upstate, and have a property in Westchester, and many times, I DO NOT carry a handgun into Westchester simply because I am too lazy put a safe in, and heavens forbid if my place is ever broken into, I know better. The "state" does not care about your convenience, and nor should it, and it won't. There is VIRTUALLY NOTHING you can tell the judges that run the NYC gun courts (I think there are two judges that do nothing but gun cases in the Bronx, someone please correct me if I'm wrong) that would lessen the sting of any punishment you would receive. 'Drew |
| IMHO, legal or not, it's a bad idea to leave a gun 'secured' in a trunk, especially in the Bronx. Too much risk of having the car broken into for what they can see through the windows. The gun in the trunk would just be an added bonus, not to mention the bad press of another 'irresponsible gun owner.' |
| Thanks for the help everyone. I knew a judge wouldn't bend the rules for my convenience, I just didn't know what the rules were exactly. The range is at Coyne Park in Yonkers. I think I will just leave the firearm with a trusted person back in Westchester. Thanks again. |
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For a technical answer: The NYC administrative code does not provide a "pass-through" exception on garden variety rifles, which is curious because non-residents get 24 hours free with an assault rifle (locked in a case) and NYS penal law provides for a continuous drive-through exception for pistols. In the absence of a statutory exemption, and given your presence in the city is not transitory, you are likely breaking the law. The irony is if you rig up a .22 caliber AR15 set up, you can legally leave it in a locked case while you go to class and do as you plan. Also note that the Gun Free School Zone laws extend further than to school property; check you are not within those limits. |
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I thought the 24 hour exemption applied to all long guns or non-assault weapons purchased in NYC and transported through NYC by non-residents. Maybe the code was amended as it would make no sense to include assault weapons and exclude other long guns. As always you're on your own as this is just for discussion purposes and doesn't mean that you won't be arrested and prosecuted for leaving a rifle in a parked vehicle. Personally I wouldn't do it. ยง 10-305 Exemptions. The sections requiring rifle and shotgun permits and certificates and prohibiting the possession or disposition of assault weapons shall not apply as follows: ................... 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. (2) Non-residents purchasing a rifle or shotgun from a licensed dealer. Any other provision of this chapter notwithstanding, a non-resident of the city of New York may purchase a rifle or shotgun from a licensed dealer provided that he or she presents the dealer with documentary evidence of his or her identity and place of residence, and the rifle or shotgun purchased is either personally delivered to the purchaser or transmitted by the dealer directly to the purchaser's residence. In the event the purchaser is traveling from the city by rail, ship or plane, the dealer is hereby authorized to deliver such rifle or shotgun at the appropriate terminal to a representative of the railroad, airline or shipping company, for placement aboard such train, plane or ship. If the rifle or shotgun is personally delivered to the non-resident purchaser within the city of New York, the purchaser shall have the rifle or shotgun removed from the city no later than twenty-four hours after the time of purchase. This exemption shall not apply to assault weapons. |