JustaShooter
Regular Member
Because lawyers are never wrong?
Which we know is not the case with you.
He quotes 18USC 926A:
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.
See the bold section. I apologize if this may have been answered by someone, but if NY says it's a no go, then it's a no go. Guys forget that State Laws can and do supersede Federal code. Meaning, sure the Feds say you can transport, well the state says you can't so you can't.
Your understanding of the word "notwithstanding" is incorrect. It means "in spite of", "without being prevented by", or "regardless of". So, what that means is "In spite of any law or any rule or regulation of a State or any political subdivision thereof". So, "regardless of" NY law, you can transport a legally owned firearm from one place where you can legally possess it to another place that you can legally possess it, as long as it is stored properly, even if you have to travel through NY. The law would be pointless otherwise, now wouldn't it?
Completely different situation. The expiration of the AWB means there is no law prohibiting or expressly allowing those firearms. Since there is no law specifically allowing them, especially one worded as the FOPA is, a state can enact tougher restrictions.For example, AWB expired on a federal level, but not in MA. Make sense?
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