Anyone traveling through the Buffalo area who wishes to transport a firearm with them should be aware of their rights and responsibilities when it comes to the transportation of firearms.
The rules regarding the transportation of firearms through New York State from one outside destination to another outside destination involve complicated state and federal laws, and anyone doing so may wish to contact an experienced attorney before proceeding.
Generally, federal law states that anyone who lawfully possesses a firearm in their home state is entitled to transport the firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm– so long as it is going to be used for a lawful purpose.
When doing so, however, the firearm must be unloaded, and neither the firearm nor any ammunition being transported can be readily accessible from the passenger compartment of the vehicle.
If there is no trunk to lock the firearm and ammunition in, it should be kept in a locked container aside from the glove box of the car.
While this rule generally allows transportation of firearms across New York State so long as they are properly secured, drivers should be aware that New York does not recognize pistol permits issued by any other state and bans the possession of many semi-automatic and automatic weapons.
This is important because while federal law allows transportation of firearms across the state, it has been interpreted that this transportation must be continuous.
This means that a driver cannot, for example, stop for the night in New York with a firearm that he or she may not legally possess in New York State without violating New York State law, no matter how that firearm is secured.
Firearm possession laws are complicated and contain many rules and exceptions.
Understanding them may require an experienced attorney.
If you need legal help, please feel free to call us at 585-484-7432.