FOPA gun transport in train

[Corn Flake]

A couple of weeks from now, I'll be taking a plane out of NYC and would like to take my firearm with me. My company provides me with free bus transportation to Manhattan. From there, I would have to take the subway to the Jamaica station and from there the AirTrain to JFK airport.

Logic tells me that, since I'm only 'passing through' New York, that as long as the gun is cased and unloaded I should be covered under FOPA. But, I have a gut feeling that if a NYC cop finds a gun in my luggage while riding the subway, he's gonna arrest me and charge me with illegal possession.

Does anyone have any idea whether this will be legal or not? And if it is legal, will it be worth the potential hassle?

[headcase]

A couple of weeks from now, I'll be taking a plane out of NYC and would like to take my firearm with me. My company provides me with free bus transportation to Manhattan. From there, I would have to take the subway to the Jamaica station and from there the AirTrain to JFK airport.

Logic tells me that, since I'm only 'passing through' New York, that as long as the gun is cased and unloaded I should be covered under FOPA. But, I have a gut feeling that if a NYC cop finds a gun in my luggage while riding the subway, he's gonna arrest me and charge me with illegal possession.

Does anyone have any idea whether this will be legal or not? And if it is legal, will it be worth the potential hassle?

§ 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.

IMHO, I think you can apply the FOPA transport provision to your journey, as long as the firearm is unloaded and in a locked container, and you may lawfully possess and carry where you are going. NY has already been sued over violating the act, so I am not even suggesting that you will not be arrested and have to spend mucho dinero to clear the charges if you are caught with it. I am not sure I would risk it, but good luck.

[Xringshooter]

If you want to be perfectly safe, just ship it to yourself at the location you are headed. If it's a long arm, you can mail it to yourself. A handgun would need to be shipped to a local dealer where you are going.

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.

Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Q: May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

[Corn Flake]

Thanks for the replies!

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.

^^^^^ I think that this would be the best option for me. Somehow, I didn't think of it, but it makes the most sense given the circumstances.

[donm]

But, I have a gut feeling that if a NYC cop finds a gun in my luggage while riding the subway, he's gonna arrest me and charge me with illegal possession.

It's also entirely possible that they will ask for your NY license when you declare the firearm at JFK. And things could head south fast from there. I would never consider flying from, to, or through an airport in any of the People's Republics with a firearm. Next time, I'd fly out of Philly.

[rikilii]

A couple of weeks from now, I'll be taking a plane out of NYC and would like to take my firearm with me. My company provides me with free bus transportation to Manhattan. From there, I would have to take the subway to the Jamaica station and from there the AirTrain to JFK airport.

Logic tells me that, since I'm only 'passing through' New York, that as long as the gun is cased and unloaded I should be covered under FOPA. But, I have a gut feeling that if a NYC cop finds a gun in my luggage while riding the subway, he's gonna arrest me and charge me with illegal possession.

Does anyone have any idea whether this will be legal or not? And if it is legal, will it be worth the potential hassle?

Why not just fly out of an airport in PA?

[mjf]

US Code: Title 18, Part 1, Chapter 44, Section 922, Part (e);

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

http://www.law.cornell.edu/uscode/ht...2----000-.html

[Loolaw]

A couple of weeks from now, I'll be taking a plane out of NYC and would like to take my firearm with me. My company provides me with free bus transportation to Manhattan. From there, I would have to take the subway to the Jamaica station and from there the AirTrain to JFK airport.

Logic tells me that, since I'm only 'passing through' New York, that as long as the gun is cased and unloaded I should be covered under FOPA. But, I have a gut feeling that if a NYC cop finds a gun in my luggage while riding the subway, he's gonna arrest me and charge me with illegal possession.

Does anyone have any idea whether this will be legal or not? And if it is legal, will it be worth the potential hassle?

While I don't have personal experience, it is known that the transit authority cops in NY airports are not gun friendly - despite the law. Many have had their firearms confiscated and told to straighten out the legalities in court.

The NRA has a court case in the 2nd circuit court of appeals. http://www.nraila.org/pdfs/torracovpany.pdf Maybe some travel without issue, but it seems risky.

As for your "travelling through" scenario, I assure you that carrying a handgun on a NY subway no matter how it is secured is illegal.

[Corn Flake]

It's also entirely possible that they will ask for your NY license when you declare the firearm at JFK. And things could head south fast from there. I would never consider flying from, to, or through an airport in any of the People's Republics with a firearm. Next time, I'd fly out of Philly.

Why not just fly out of an airport in PA?

Trust me, I tried to fly out of Philly, but it was going to be $400 more expensive to do so.

US Code: Title 18, Part 1, Chapter 44, Section 922, Part (e);



http://www.law.cornell.edu/uscode/ht...2----000-.html

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

So, technically, if I give my gun and ammo to the subway train conductor or operator, then I should be able to travel with it. I think I will try that as soon as the money tree that I planted in the backyard grows.