Traveling/Transiting through JFK with a handgun (Read 4763 times)

asdfjkl

Traveling/Transiting through JFK with a handgun
« on: April 22, 2014, 11:17:59 PM »
Need help/feedback on this. I will be traveling to the east coast this summer (with my CCW) and my first stop will be through JFK (not staying in NY). Anyone familiar with the laws regarding handguns there? I know that NYC has pretty stupid laws but I'm only transferring planes at JFK before proceeding to another destination.

suka

Re: Traveling/Transiting through JFK with a handgun
« Reply #1 on: April 22, 2014, 11:42:55 PM »
FOPA
USC926(a)

mauidog

Re: Traveling/Transiting through JFK with a handgun
« Reply #2 on: April 23, 2014, 12:00:19 AM »
Need help/feedback on this. I will be traveling to the east coast this summer (with my CCW) and my first stop will be through JFK (not staying in NY). Anyone familiar with the laws regarding handguns there? I know that NYC has pretty stupid laws but I'm only transferring planes at JFK before proceeding to another destination.

Quote
The best way to travel through NY or any state that has restriction is to carry a copy of Title 18-Part 1-Chapter 44 926A of the federal code with you. Some law enforcement may not know the law. DO keep the firearm in a locked box. Keep ammo in another locked box. No ammo in Magazines or speed loaders in the trunk or if no trunk as far back in the vehicle as possible in a locked box. By NY Law if you are traveling across the state and can legally possess the firearm where you started and where you are going you can transport it as above. But if you stop in NY and spend the night in a motel/hotel/camp ground etc you are in violation of NY law and can be arrested.if found with a firearm. Stopping for gas and food would most likely be OK but this is not a given in NY.

http://www.handgunlaw.us/states/newyork.pdf

I read about an air passenger who was delayed overnight in NY, so he stayed in a hotel.  The next day, he went to the airport, declared his firearm, and was arrested for possessing an illegal handgun. 
When he stayed the night, he was no longer in "travel status."  The airport and FAA require you to declare if you are traveling with a firearm.  So, in essence, you have to rat yourself out to the airline who in turn will rat you out to the NY police.

The solution the article suggested was to go directly to airport security BEFORE you get your luggage.  As long as you don't have immediate control over the firearm, you are technically not in violation.  At that moment, the airline still has custody.  Ask security to take control of your weapon and store it until you can check it in again.

The article also said the airline and airport security could refuse to store the weapon.  In that case, you should talk to a supervisor and let them know you refuse to take that piece of luggage with you and it has a firearm.  The supervisor will figure out a way to minimize their liability.  They can not force you to claim your luggage because that would be instigating a firearm crime.

Hawaii law says a hotel is your "place of sojourn" and you can legally possess a firearm there.  Different laws for different states.
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

suka

Re: Traveling/Transiting through JFK with a handgun
« Reply #3 on: April 23, 2014, 12:15:05 AM »
Quote
.Hawaii law says a hotel is your "place of sojourn" and you can legally possess a firearm there.  Different laws for different states. 

Unless you are traveling under a 5920 with your machince gun in transit thru honolulu from say Nevada to Guam. ( both are NFA friendly)
Only option is leave it with the airline.
« Last Edit: April 23, 2014, 12:20:21 AM by suka »

mauidog

Re: Traveling/Transiting through JFK with a handgun
« Reply #4 on: April 23, 2014, 12:19:23 AM »
Unless you are traveling under a 5920 with your machince gun in transit thru honolulu from say neveda to Guam.
Only option is leave it with the airline.

I wish I had that problem!!   :rofl:
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

suka

Re: Traveling/Transiting through JFK with a handgun
« Reply #5 on: April 23, 2014, 12:22:42 AM »
I wish I had that problem!!   :rofl:
Yeap me too, always wondered if FOPA can be used at the HPD window with a week lay over.

suka

Re: Traveling/Transiting through JFK with a handgun
« Reply #6 on: April 23, 2014, 12:25:06 AM »
Vegas , HNL, Guam
Hawaiian air has that route. What's their policy for NFA item transferred thru HNL?

Haoleb

Re: Traveling/Transiting through JFK with a handgun
« Reply #7 on: April 23, 2014, 08:47:23 AM »
Having traveled through JFK myself with handguns I can say this for sure. Don't do it unless you have no choice whatsoever. FOPA will not protect you in NYC area airports if you get caught you will have some explaining to do. I got lucky... because I researched it and planned ahead.

I was flying from Portland Maine back to Kona, But wanted to take the direct hawaiian airlines flight from JFK to HNL. My itinerary was for an approx 1 hour layover in JFK and I was not supposed to have to claim my baggage there...

Well.. I contacted the airlines and asked what would they do in the event something went wrong and I had to claim my bags.. Would they hold onto them since I could not take possession? I also contacted the port authority PD since they are who is at the airports. I spoke on the phone ahead of time with both the PAPD and the Hawaiian airlines head guy in JFK, who contacted me through someone from the PAPD. The head hawaiian airlines guy gave me his contact into and I told him when I was going to be flying through and he said to call him if I had any problems. He also said my bags should be checked all the way though and it should not be a problem and that even though their policy was something like having to re-declare a firearm if your luggage comes off the plane of another carrier... So I was pretty confident.

Day comes when it is going to go down, check my bags in portland.. declare the handguns.. the usual. I told them it was important they were to be checked through all the way to Kona she said they were... ok.. no problemo...

Then as I am in line to  board the plane the same ticket counter agent comes up and says I need to claim my bags at JFK and re check them because of some screwup with my reservations!! Nothing I could do at that point I was getting on the plane already.. So the whole way down to NY I was thinking what the hell I am going to do. Worst case scenario I was going to claim my bags that did not have any guns and just leave the bag with the guns in it and hopefully It would go to unclaimed luggage and somehow make it back to me. Or I would find a PAPD officer and explain the situation. Either way I was not going to put myself in a situation where I have unregistered handguns in NYC in my luggage. I'd rather just have my bag with 1000 dollars worth of handguns be gone forever than go through that. Just not worth it.

Well Since I had already contacted the Hawaiian airlines guy as soon as I landed at JFK I called him and said I was on the tarmac and they screwed up and I would have to claim my bags. He was real cool about it he just said meet me at the baggage claim and we will take care of it... Met him at the bag claim. Pointed out which bag it was. He took it back to the check in counter and told the girl there not to call the PAPD over as my guns were already declared and I had never taken possession and they were just going to get them on the plane then took me to the front of the mile long line for security and had me back on my way. And came to check to make sure everything was still fine as I waited in the boarding area.

Moral of the story. Save yourself the stress.. and if you MUST do it.. be prepared.
« Last Edit: April 23, 2014, 10:18:41 AM by Haoleb »

Lifer

Re: Traveling/Transiting through JFK with a handgun
« Reply #8 on: April 23, 2014, 10:09:45 AM »
Haoleb post sums it up, avoid JFK if possible.

Last year I was returning to HI with ammo I picked up on the east coast. Just the ammo caused almost an hour delay. 
I had the airlines and TSA gudielines printed out, 10 lbs per person, etc. made it crystal clear no weapons,  but the desk agent still insisted on calling the Port Authority.  After waiting 30 minutes the Port Authority shows up, asks a bunch of questions, actually writes a report and then clears me to proceed. The cop was nice and courteous, but the delay was a pain in the ass.

DO NOT take possession of the weapon or claim the baggage in New York period.