Pennsylvania Firearm Owners Association
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  1. #1
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    Question handgun travel into NY(again)

    I know this has been discussed before but to be very specfic- I understand out of state handguns are acceptable to bring in for NRA sanctioned competitions(w/docs) but what about a NRA Basic Pistol class/clinic? Furthermore will I actually be able to use my own gun at the class?

  2. #2
    Join Date
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    King of Prussia, Pennsylvania
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    Default Re: handgun travel into NY(again)

    Federal transport should apply.

    Be sure to make a copy of your class registration with you (E-mail, invitation, payment receipt...whatever you have).

  3. #3
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    Default Re: handgun travel into NY(again)

    Quote Originally Posted by marinakorp View Post
    Federal transport should apply.

    Be sure to make a copy of your class registration with you (E-mail, invitation, payment receipt...whatever you have).
    Since the destination of the OP seems to be NY itself, FOPA (18 USC 926A) would not apply. The issue revolves around whether he can transport and possess in NY under state law.

    The best that I could find is the exemption from the proscription on handgun possession (265.01) as follows:

    NY Penal Laws 265.20 Exemptions.

    a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
    265.12, 265.13, 265.15 and 270.05 shall not apply to:
    13. Possession of pistols and revolvers by a person who is a
    nonresident of this state while attending or traveling to or from, an
    organized competitive pistol match or league competition under auspices
    of, or approved by, the National Rifle Association and in which he is a
    competitor, within forty-eight hours of such event or by a person who is
    a non-resident of the state while attending or traveling to or from an
    organized match sanctioned by the International Handgun Metallic
    Silhouette Association and in which he is a competitor, within
    forty-eight hours of such event, provided that he has not been
    previously convicted of a felony or a crime which, if committed in New
    York, would constitute a felony, and further provided that the pistols
    or revolvers are transported unloaded in a locked opaque container
    together with a copy of the match program, match schedule or match
    registration card. Such documentation shall constitute prima facie
    evidence of exemption, providing that such person also has in his
    possession a pistol license or firearms registration card issued in
    accordance with the laws of his place of residence
    . For purposes of this
    subdivision, a person licensed in a jurisdiction which does not
    authorize such license by a person who has been previously convicted of
    a felony shall be presumed to have no prior conviction. The
    superintendent of state police shall annually review the laws of
    jurisdictions within the United States and Canada with respect to the
    applicable requirements for licensing or registration of firearms and
    shall publish a list of those jurisdictions which prohibit possession of
    a firearm by a person previously convicted of a felony or crimes which
    if committed in New York state would constitute a felony.
    Unfortunately, as the OP intimated, this exemption is mute concerning an NRA course/clinic which are not true competitions.

    A secondary issue if the type of docs required. There is no NJ 'firearm license' as it relates to the handgun itself and the only "firearms registration card" is the Pistol Purchase Permit which is only used for purchases in NJ and only indicates registration on the sales database. Handguns can be legally owned and possessed in NJ for a variety of reasons that would not require them to be 'registered'. NJ does not have a blanket registration law but only registers firearms through the sales/transfer database.

    IMO you may be in a gray area here. It would cetainly seem reasonable that an argument could be made that a participation in a registered clinic comports with the intent of the exemption - but we have also heard many horror stories of how NY treats gun owners. especially at airports.
    Last edited by tl_3237; March 12th, 2010 at 06:27 PM. Reason: spelling
    IANAL

  4. #4
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    Bergen cnty, New Jersey
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    Default Re: handgun travel into NY(again)

    OK- thanks for the info. My take on it now is dont gamble with grey areas of the law, especially with firearms. When in doubt. don't. So I won't !

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