Steps to Legally Transport Firearms in New York City
For someone interested in recommended steps to legally transport firearms in New York City, they should speak to a gun defense attorney right away. A lawyer can give you strong advice regarding your options to legally travel with a gun. The different permits and steps for legally transporting a firearm in New York can vary based on the method of transportation, the type of firearm, and other factors. Additionally, multiple permits may be necessary for transportation in and out of the city. Failing to have the proper permit or violating other safe carry laws can result in fines, criminal charges, and other penalties. Our team of criminal defense attorneys represent clients facing legal action related to their ownership or transportation of firearms.
Installing Firearm Compartments in Someone’s Car
A person is not required to have a specific firearm carrying compartment installed in their car. A person can get a normal, relatively small lockbox (if they have a pistol), or a gun case if they have a rifle or a shotgun. Most firearms vendors will also sell the lock compartments so that they can comply with the transportation rules. The law does not mandate that a person has specialty compartments installed in their car to transport firearms, just that the firearms are essentially not accessible, which means locked away.
How Does the Law Classify Transportation?
Public transportation is considered mass transit and law enforcement expects gunowners to learn common steps to legally transport firearms in New York. Any medium of travel that is funded by taxpayer dollars, e.g., the subway system, the bus system or the regional rail system (whether it is the Metro North going north-south or the Long Island railroad going east-west), taking a gun on public transportation is legal as determined by the permit that somebody has.
How Can Someone Legally Transport Firearms?
To legally transport a firearm, a person just needs the appropriate permit. There are five different types of permit that a person can get in New York ranging from the most restrictive (a firearm for a very limited use, in very limited places) to the general permissive carry permit in New York. Whatever permit a person has, they need to follow in terms of the rules regarding transportation.
If their permit does not allow them to transport a loaded gun in their car, they would need to unload the gun completely, put the gun in a lockbox, place the ammunition in a separate lockbox, and put them in different places in the car. The steps that a person needs to take are going to be determined by what the law specifically allows them to do with regards their particular permit.
The New York Police Department (NYPD) is responsible for issuing both handgun licenses and permits for rifles or shotguns. A gun owner may need both registration items, depending on the type(s) of firearms they have. You must submit an online application and be over the age of 21 to obtain a permit. Applicants will also have to submit basic identification information, supporting documents such as a driver’s license, and other details.
Transportation Between States
When a person is going from one state to another, it is no longer New York law that is the controlling factor. Federal law governs the transportation of firearms from one state to another. In order to legally comply with federal law, the safest thing to do is to make sure that the gun is not loaded. Both the ammunition and the firearm should have their own box. That is the safest and easiest way to make sure that an individual is complying with all federal firearms transportation regulations.
While Federal Law 18 U.S.C. § 926A permits gun owners to legally transport their firearm between states, they must meet certain requirements and follow additional guidelines established under the statute. As a threshold matter, the gun owner must have the authority to lawfully possess the firearm in both the state they are traveling from and the state they are traveling to. This requirement may not be an issue for gun owners when transporting a firearm to a state with limited permitting or registration laws. However, additional permits may be necessary if a state they are traveling to does not share permit reciprocity with New York. As mentioned, the firearm must be unloaded during transportation and not be directly or readily accessible. In most cases, keeping the firearm stored in a locked box in the rear or trunk of a vehicle will be an effective measure for safe interstate transportation.
Obtaining Legal Transportation Permits
Part of the recommended steps to legally transport firearms in New York includes getting a permit. It requires a fairly permissive permit for a person to take a firearm on public transportation. If someone upstate takes some sort of public transportation from their home to their target-shooting facility, they have a permit which allows them to carry the gun.
Legally, someone could transport the firearm in a locked case with a separate locked case for the ammunition. In New York City, if someone is within the five boroughs and are using public transportation and have a firearm, it will almost always be unlawful.
Criminal Charges for Illegally Transporting Firearms
Several criminal charges may apply to an individual arrested for allegations of illegally transporting a firearm in New York City under Article 265. Generally, the severity of an unlawful firearm possession charge will vary from fourth to first degree depending on the type of gun and the quantity. For example, unlawful carry can be a first-degree charge for possession of ten or more firearms. The accompanying punishments for criminal possession of a firearm can range from high misdemeanors to serious felonies. Upon conviction, a gun owner may face penalties that include imprisonment for a period of a year or longer in addition to substantial fines.
Schedule a Consultation for Legal Issues Arising from Transportation of a Firearm in New York City
Owning a firearm is both a right and a privilege that requires careful consideration of the steps to legally transport one in New York City. If you are facing criminal charges or issues in obtaining a permit for your firearm, our gun defense attorneys can help. We represent in clients in criminal firearm possession cases and related court procedures. We can advise on offered plea deals, raise applicable defenses, and seek an effective resolution of your case. Schedule a free consultation today.