Does NY not have an exemption for hunting/recreational shooting? Even NJ has one as long as you transport directly to/from the range/home.
Does NY not have an exemption for hunting/recreational shooting? Even NJ has one as long as you transport directly to/from the range/home.
My father in law is a NJ resident and gun owner. He wants to come shoot with me in CT. I am a CCW permit holder in CT. He can come and shoot with me at the range I go to with my guns but I wanted to know if he is allowed to bring his gun from NJ. If so, what are the stipulations and most importantly, where do I find documentation on this? (PS I am aware he cannot carry in CT and that is not what I'm asking. I figure he can transport through CT so if he stops at my house and the gun is in my possession from then on out, its ok? Whats the deal? On a related note, if he wanted to transfer ownership to me of his firearm at some point, how does he do that?)
Is it correct to assume that because a NJ gunowner/permit holder is allowed to transport through the state of CT that as long as he followed the law to the letter(lock box, locked trunk, no ammo etc) then if he drove into my driveway and I opened his trunk, unlocked the box and took out the gun (as a CCW permit holder in CT) everything would be legal as the gun would no be in the hands of a permit holder with a valid CT permit? Sorry if this was already answered, but its so frustrating to have family in different state who want to shoot.
Sec. 29-35. Carrying of pistol or revolver without permit prohibited. Exceptions. (a) No person shall carry any pistol or revolver upon his or her person, except when such person is within the dwelling house or place of business of such person, without a permit to carry the same issued as provided in section 29-28.
The provisions of this subsection shall not apply to the carrying of any pistol or revolver by any parole officer or peace officer of this state, or parole officer or peace officer of any other state while engaged in the pursuit of official duties, or federal marshal or federal law enforcement agent, or to any member of the armed forces of the United States, as defined in section 27-103, or of this state, as defined in section 27-2, when on duty or going to or from duty, or to any member of any military organization when on parade or when going to or from any place of assembly, or to the transportation of pistols or revolvers as merchandise,
or to any person transporting any pistol or revolver while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser's residence or place of business,
or to any person removing such person's household goods or effects from one place to another,
or to any person while transporting any such pistol or revolver from such person's place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person's place of residence or business after the same has been repaired,
or to any person transporting a pistol or revolver in or through the state for the purpose of taking part in competitions, taking part in formal pistol or revolver training, repairing such pistol or revolver or attending any meeting or exhibition of an organized collectors' group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides,
or to any person transporting a pistol or revolver to and from a testing range at the request of the issuing authority,
or to any person transporting an antique pistol or revolver, as defined in section 29-33.
For the purposes of this subsection, "formal pistol or revolver training" means pistol or revolver training at a locally approved or permitted firing range or training facility, and "transporting a pistol or revolver" means transporting a pistol or revolver that is unloaded and, if such pistol or revolver is being transported in a motor vehicle, is not readily accessible or directly accessible from the passenger compartment of the vehicle or, if such pistol or revolver is being transported in a motor vehicle that does not have a compartment separate from the passenger compartment, such pistol or revolver shall be contained in a locked container other than the glove compartment or console. Nothing in this section shall be construed to prohibit the carrying of a pistol or revolver during formal pistol or revolver training or repair.
I hold and utilize a CT permit as well as my NY license.
I question whether a NJ pistol owner can even bring guns into Connecticut for this purpose. Before you even consider the legality of the transport through New York, you must address the threshold issue of whether 926a (FOPA) applies to this trip. 926a requires that the possession be lawful at the place of origin and lawful at the destination. New Jersey is not an issue if he is already allowed to possess them there, but my problem is with CT. CT only allows purchase and limited transportation without a CT permit:
You tell me which exemption applies to someone who wants to go shooting in CT with a friend/relative...because I don't think there is an exemption. During the course of target shooting you inevitably "carry" the weapon at some point, possession at the range would be illegal, any activities outside of the range would be more illegal. I don't think the person would have a legal destination under FOPA, and therefore, the transport through New York wouldn't be protected. They would then be subject to possessory offenses in both NY and CT.
The short answer to your quoted question is no. To be a protected journey he must be able to stop at his destination, get out and possess the firearm, either loaded or unloaded. If there is no legitimate legal destination within the state, then not only is he illegal in CT but he is illegal in NY as well.
PS. Anyone who claims to know anything with any degree of certainty, about how FOPA applies to magazines and ammunition is either lying or misinformed.
I agree with you and I don't think this would fall under FOPA because of the destination issue. I'm not so sure I agree with your P.S. I'm gonna do a little research because I am positive that I have read that a gun is considered loaded even if only, the magazine is loaded. I was under the impression that the mag is considered to be part of the gun and must be stored separate of ammo, and a loaded mag is considered a loaded weapon.
There is no definition of "unloaded" that applies to the federal statute and in NY if I have an automatic and one round of ammunition in my simultaneous possession the gun is loaded, the magazine never even comes into the discussion.
A loaded magazine with no actual firearm present wouldn't fulfill the operability requirement of the possessory offense.
Not sure about that. I'll let you know what I come up with. I have read in print that the mag is considered part of the gun. Now I have to try to find it again. I can't remember where I saw it but it stuck with me because I never knew of it before I read it.