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June 23rd, 2010, 02:28 AM #1
Friend arrested in NY for having a legally owned handgun in trunk
What is the proper way to transport a firearm across state lines if you cant have it unloaded and locked in the trunk? What else can you do with it, send it to yourself at an ffl maybe?
Also this has been a big argument between me and my friends, does anyone know if its legal or not to have a police scanner on in your car in PA I cant find any law about it, but I'm not so good at finding these things.
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June 23rd, 2010, 03:00 AM #2
Re: Friend arrested in NY for having a legally owned handgun in trunk
http://law.justia.com/us/codes/title18/18usc926a.html
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 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.
(Added Pub. L. 99-360, Sec. 1(a), July 8, 1986, 100 Stat. 766.)
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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June 23rd, 2010, 03:19 AM #3
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June 23rd, 2010, 04:23 AM #4Grand Member
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Re: Friend arrested in NY for having a legally owned handgun in trunk
Assuming that he is a PA resident and does not have a NY pistol permit, he can't legally possess a handgun in NY -- not even at a friend's home, for example. Unless he was traveling through NY directly to a place where he can legally possess it (say, Vermont), he isn't covered by FOPA (926A) cited earlier.
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June 23rd, 2010, 07:51 AM #5
Re: Friend arrested in NY for having a legally owned handgun in trunk
First, what is making it so that it can't be unloaded??? If no trunk, you unload the gun, and put the ammo separate from the gun and make them both as inaccessible as possible to the person(s) in the car. That would be if you are either traveling through the state to another state where all are legal to possess or going to a sanctioned shooting event.
Yes you can ship a gun to yourself.
From the BATFE:
Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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June 23rd, 2010, 08:48 AM #6
Re: Friend arrested in NY for having a legally owned handgun in trunk
So was someone arrested? What's the story?
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June 24th, 2010, 12:11 PM #7
Re: Friend arrested in NY for having a legally owned handgun in trunk
Apparently he was driving from Vermont to PA, got pulled over in NY. Thats about as much as i know, gun was in the trunk no ammo present in the car at all.
Still haven't solved the scanner questions. Specifically whether or not you can use one in your vehicle.
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June 24th, 2010, 12:27 PM #8
Re: Friend arrested in NY for having a legally owned handgun in trunk
question is, why did he let them search his vehicle in the first place?
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June 24th, 2010, 12:29 PM #9
Re: Friend arrested in NY for having a legally owned handgun in trunk
Found this:
New York State Laws
New York’s Vehicle and Traffic Law prohibits "equipping" a motor vehicle with a radio that is "capable" of receiving police frequencies unless one is a Peace Officer, has a permit, or is licensed by the Federal Communications Commission as an amateur radio operator. The so-called “ham exemption” is subject to conflicting interpretations, as are certain provisions of the mobile scanner law. New York’s various statutes governing lawful use of radio leave important gaps in their protection of communications that may be essential to homeland security from unauthorized interception and hostile use, while unduly restricting the activities of law-abiding citizens and even public safety personnel. They also appear to conflict with some Federal regulations.
I have written an in-depth analysis of the legal situation in New York.
In No Scanner For You? New York's Flawed Approach to Protecting Police Radio Communications From Misuse by Criminals, I offer a summary of the history and previous interpretations of these laws, with special attention to the Vehicle and Traffic Law, a discussion of the idea that we might have a right to listen to police radio traffic, followed by suggestions for possible legislative remedies for the shortcomings of New York State law in this area. Follow this link for information on obtaining your own copy.
Local Ordinances
The City of Rochester scanner ordinance is Code 44-2. Note that the ordinance goes beyond the State's restriction on mobile use of a police frequency receiver. The City sought to ban mobile and portable police and fire receivers.
This law does not appear to be well known among law enforcement officers in the City of Rochester. I have been told what channel to monitor during a major incident by a police officer who could see the portable receiver in my hand.
A large number of volunteer firefighters from surrounding communities, as well as many other spectators, can be found at the scene of any multiple alarm fire in the City. They do not get arrested despite having portable fire receivers with them.
The New York City Administrative Code requires a $25.00 annual permit for anyone wishing to put a scanner into an automobile. There are no exceptions, although certain federal, state, or local government employees may have the fee waived - but they still need the permit.
The application procedure is arduous and requires, among other things, a statement that the applicant has what the City would consider to be a legitimate need for a mobile scanner and a thorough background check. The Code also prohibits possession or use of any descrambling device that can decrpyt police communications..
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June 24th, 2010, 12:35 PM #10Banned
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Re: Friend arrested in NY for having a legally owned handgun in trunk
it was in the trunk unloaded in a container and no ammo anywhere going from Vermont to PA he would probably be covered under the fed law and a hood lawyer will get him off.
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