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AR15.COM
3/2/2010 6:10:15 AM EDT
Before the large red bold letters begin to fly back at me , I have searched the NYS gun law thread but did not find an exact answer. When ever transporting my AR to range, I have the rifle in a soft padded case with no magazine. I have an ammo box, that I installed a pad lock on. Inside I keep all range equipment, ie; hearing protection, eye protection, and LOADED magazines. The rifle is in the back seat, the ammo box is in the trunk. I was given an earful from a Barney Frank look alike at the Mitchell field range last night when he asked to see what kind of ammo I was using (no fmj allowed there) and he told me that I could be arrested if pulled over for having a loaded magazine in the vehicle. Here is what I found so far;

Q: I’m visiting family and friends in [insert county name here], can I bring my rifles and pistols?
A: Again, rifles and shotguns are ok so long as your rifles and shotguns don’t violate the AWB of NYS. Don’t bring post-ban large capacity magazines (mags more than 10 rounds) unless they are pre-Sept. 14, 1994 manufacture. When entering the state, have the weapons locked in a case in the trunk, separate from ammunition (put the guns in the back and the ammo up front, or have some measure of separation between them). Do not keep the weapons loaded, it is illegal in NY to transport a loaded rifle. It probably isn't wise to transport loaded magazines either.

Ok need facts, NOT opinions or translations.
3/2/2010 6:34:24 AM EDT
[#1]
Quoted:
Before the large red bold letters begin to fly back at me , I have searched the NYS gun law thread but did not find an exact answer. When ever transporting my AR to range, I have the rifle in a soft padded case with no magazine. I have an ammo box, that I installed a pad lock on. Inside I keep all range equipment, ie; hearing protection, eye protection, and LOADED magazines. The rifle is in the back seat, the ammo box is in the trunk. I was given an earful from a Barney Frank look alike at the Mitchell field range last night when he asked to see what kind of ammo I was using (no fmj allowed there) and he told me that I could be arrested if pulled over for having a loaded magazine in the vehicle. Here is what I found so far;

Q: I’m visiting family and friends in [insert county name here], can I bring my rifles and pistols?
A: Again, rifles and shotguns are ok so long as your rifles and shotguns don’t violate the AWB of NYS. Don’t bring post-ban large capacity magazines (mags more than 10 rounds) unless they are pre-Sept. 14, 1994 manufacture. When entering the state, have the weapons locked in a case in the trunk, separate from ammunition (put the guns in the back and the ammo up front, or have some measure of separation between them). Do not keep the weapons loaded, it is illegal in NY to transport a loaded rifle. It probably isn't wise to transport loaded magazines either.

Ok need facts, NOT opinions or translations.


From the NYS DEC website:
A person may not transport or possess a shotgun or rifle in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine. A loaded firearm may be carried or possessed in a motorboat while legally hunting migratory game birds.

http://www.dec.ny.gov/outdoor/28182.html

See the emphasis on the fact that the FIREARM must be unloaded in chamber and magazine...A detachable external magazine is NOT part of the firearm. The law is saying that a rifle or shotgun with a fixed tube magazine that is PART of the FIREARM must be unloaded.

It does NOT say it is illegal to have a loaded external detachable MAGAZINE.

What you are doing is perfectly legal, however some cops and barney fife FUDS like to be busy-body know-it-alls sometimes. It is English comprehension 101...
3/2/2010 6:36:34 AM EDT
[#2]
Quoted:
I was given an earful from a Barney Frank look alike at the Mitchell field range last night when he asked to see what kind of ammo I was using (no fmj allowed there) and he told me that I could be arrested if pulled over for having a loaded magazine in the vehicle.


Next time tell him you're a cop...that'll shut him up.

3/2/2010 7:00:36 AM EDT
[#3]
I always transport with my guns in the trunk; no mags, no ammo with them.  My ammo and mags (which are always fully loaded) are in the front or back seat of my car.

You think I'm going to spend that much time loading mags when I first get there?  Especially my Uzi mags.  No way in hell am I going to load those on site, when I'm shooting.  They're a pain in the ass to load, unless you do the "bump trick", which is near impossible without a sturdy surface..........of which I have none on the private land I normally shoot on.  Whenever I empty my 15 Uzi mags..........the 9mm AR gets put away for the day.  She's done.
3/2/2010 9:04:22 AM EDT
[#4]

It does NOT say it is illegal to have a loaded external detachable MAGAZINE.

What you are doing is perfectly legal, however some cops and barney fife FUDS like to be busy-body know-it-alls sometimes. It is English comprehension 101...


OP referred to Barney Frank look alike.  Barney Fife always had a bullet in his immediate possession.

3/2/2010 9:42:18 AM EDT
[#5]
what if u drive a jeep, or an suv, or a van?? there is no trunk really... can you have the gun in a case in the back seat and mags in the the front??
3/2/2010 3:38:06 PM EDT
[#6]
Quoted:
what if u drive a jeep, or an suv, or a van?? there is no trunk really... can you have the gun in a case in the back seat and mags in the the front??


Hmmmm.  Never even thought about that.  I have no idea.

This is NY.  You might have to buy a trailer to tow your guns in, so it's not near ammo or loaded mags.
3/2/2010 4:10:04 PM EDT
[#7]
Quoted:

It does NOT say it is illegal to have a loaded external detachable MAGAZINE.

What you are doing is perfectly legal, however some cops and barney fife FUDS like to be busy-body know-it-alls sometimes. It is English comprehension 101...


OP referred to Barney Frank look alike.  Barney Fife always had a bullet in his immediate possession.



I have a hatchback car, and I carry the rifle in the back, in a soft case, and the mags and ammunition in a padlocked Pelican case in the front of the car.  That's about as good as I can do for separation of gun from ammunition.  

When I drive my truck, the rifle goes behind the seat in the soft case, and the ammo and mags go in the back of the truck in the locked Pelican case under the tonneau cover.
3/2/2010 4:11:54 PM EDT
[#8]
how about this?? what if ur drving an RV and your buddies are in the back drinking?? and your guns are with you?? are you A. gonna get a Open container ticket..B handling a firearm with intox, ticket. or C. ammo stored near gun ticket.. Or D. all of the Above???
3/2/2010 4:43:45 PM EDT
[#9]
Quoted:
how about this?? what if ur drving an RV and your buddies are in the back drinking?? and your guns are with you?? are you A. gonna get a Open container ticket..B handling a firearm with intox, ticket. or C. ammo stored near gun ticket.. Or D. all of the Above???



If that particular scenario plays out, I hope you have a good lawyer, and stock in vaseline.  LOL.


First, open container in a motor vehicle in NY............bad idea.  Second, guns in close proximity to booze..........bad idea whether it's legal or not.  Mix the two, and you're goin' to jail.


E




3/2/2010 4:47:48 PM EDT
[#10]
the real question is what do you do about those suspiciously new mags at gun shows without any date stamps, with magpul ranger plates, and magpul followers being marketed as "refinished" preban mags?
3/2/2010 4:56:35 PM EDT
[#11]
Quoted:
the real question is what do you do about those suspiciously new mags at gun shows without any date stamps, with magpul ranger plates, and magpul followers being marketed as "refinished" preban mags?




I might be anal (ok, I KNOW I am), but I won't buy a "pre-ban" mag unless it's date stamped, and has a floor plate marked by a maker know to make mags prior to Sept 1994, or it's in the original dated packaging.

E
3/2/2010 4:59:31 PM EDT
[#12]



Quoted:



Quoted:

the real question is what do you do about those suspiciously new mags at gun shows without any date stamps, with magpul ranger plates, and magpul followers being marketed as "refinished" preban mags?

I might be anal (ok, I KNOW I am), but I won't buy a "pre-ban" mag unless it's date stamped, and has a floor plate marked by a maker know to make mags prior to Sept 1994, or it's in the original dated packaging.



E


What's worse than a shitty law is citizens that adopt an even stricter version of the law in the name of fear.  Thanks!



 
3/2/2010 5:05:46 PM EDT
[#13]
Quoted:

Quoted:
Quoted:
the real question is what do you do about those suspiciously new mags at gun shows without any date stamps, with magpul ranger plates, and magpul followers being marketed as "refinished" preban mags?




I might be anal (ok, I KNOW I am), but I won't buy a "pre-ban" mag unless it's date stamped, and has a floor plate marked by a maker know to make mags prior to Sept 1994, or it's in the original dated packaging.

E

What's worse than a shitty law is citizens that adopt an even stricter version of the law in the name of fear.  Thanks!
 


LOL, it's not fear so much as it's less of a hassle.  There are a TON of pre-ban mags floating around that you can prove date of manufacture of.  It's simply less of a headache.  I know it's not my responsibility to prove date of manufacture (that would rest in a prosecutors hands), but it makes things a whole hell of a lot easier and cheaper if it never gets that far.  If a little forethought can keep me from having to hire a lawyer, it's worth it to me.


E
3/2/2010 6:22:32 PM EDT
[#14]
Quoted:
Quoted:
how about this?? what if ur drving an RV and your buddies are in the back drinking?? and your guns are with you?? are you A. gonna get a Open container ticket..B handling a firearm with intox, ticket. or C. ammo stored near gun ticket.. Or D. all of the Above???



If that particular scenario plays out, I hope you have a good lawyer, and stock in vaseline.  LOL.


First, open container in a motor vehicle in NY............bad idea.  Second, guns in close proximity to booze..........bad idea whether it's legal or not.  Mix the two, and you're goin' to jail.


E





ok.. lets say they are not drinkin.. but they are drunk.. and there is a bottle with the seal open in the mini fridge.. and there are guns stored in one erea, and ammo in the other.?? i have always wonder what the laws are when it comes to RVs or tour busses?? must u were a seat belt in the back?? can u drink in the back?? i do agree that booze and guns dont mix.. there is a reason that there is a department of the gov (BATF) that covers all the fun stuff... :)
3/3/2010 5:13:16 AM EDT
[#15]
If your vehicle has a trunk EVERYTHING weapon/firearm (including
ammo, targets, bows, arrows range bags etc.) should be transported in
the TRUNK.  Obviously if you have a NYS carry concealed pistol
license your CCW handgun/ammo would be concealed on your person. If
you are paranoid lockable ammo cans are a good idea to transport your
mags/ammo in to/from the range or anywhere you are traveling to/from.
Once again they should not be in plain
sight (if no trunk) or in your
trunk if your vehicle has one.

I would also add transporting alcoholic beverages to/from the store to the list of items to be transported in the trunk or if no trunk out of plain sight in the passenger compartment.
If you are traveling interstate make sure you are following the requirements as set forth in USC 926A. Following the transportation requirements by a NYS resident within NYS is a good idea too.
TITLE 18 > PART I > CHAPTER 44 > § 926A
§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation
of a State or any political subdivision thereof, any person who is not
otherwise prohibited by this chapter from transporting, shipping, or
receiving a firearm shall be entitled to transport a firearm for any
lawful purpose from any place where he may lawfully possess and carry
such firearm to any other place where he may lawfully possess and carry
such firearm if, during
such transportation the firearm is unloaded, and neither the firearm
nor any ammunition being transported is readily accessible or is
directly accessible from the passenger compartment of such transporting
vehicle
: Provided, That in the case of a vehicle without a
compartment separate from the driver’s compartment the firearm or
ammunition shall be contained in a locked container other than the glove
compartment or console.
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