I know when transporting your firearm(s), the ammo must be kept in a separate locked container.  The question is, can the ammo be kept in a magazine while in the container or does it have to be loose in its ammo box?

I'M not 100 % shore but I would leave it in a ammo box you can all ways fill the clips at the range

A loaded magazine is consedered a loaded gun

Can you cite the code (state or county)? That all sounds like NYC stuff.

im suffolk county is this the case? I was under the impression the ammo just had to be in a seperate bag or box and I dont even think a lock is required. I could be wrong though. A LEO told me that was fine as long as the mag wasnt in the gun. But sometimes LEOs dont even know

The requirement for transporting ammo seperate in a locked container, I believe, comes from the rules for Premise license holders in NYC. And I know that during hunting season, if you are found with a loaded magazine in your car and the rifle in car, it's considered loaded as far as violating the "no loaded guns in vehicle" law.

Quoted from Postal Bob

The requirement for transporting ammo seperate in a locked container, I believe, comes from the rules for Premise license holders in NYC. And I know that during hunting season, if you are found with a loaded magazine in your car and the rifle in car, it's considered loaded as far as violating the "no loaded guns in vehicle" law.

Again, I ask that you cite the code. I have looked for the laws governing the transport of ammunition and firearms in NYS (outside NYC) and I have found nothing.

I don't have the code as all this is being quoted in another forum from guys with NYC permits. They must transport their guns locked and unloaded. A magazine is part of the gun, therefore having it loaded is the same as having the gun loaded. It's like driving while drunk. If you are drunk parked on the side of the road with the engine off, but the keys are in the ignition, that is considered DWI. It doesn't matter that the gun is parked or turned off. This is the requirement for NYC. Us pistol license holders in the rest of the state are allowed to carry our guns loaded to and from a range or designated hunting area. Of course we are not allowed to do this is we are passing thru NYC.

Ok, here is the regulation taken from the dec website, and also published in their hunting regulations booklet on page 17. These regulations are from NYS rules and not just DEC rules:

Transportation of Firearms
A person may not transport or possess a shotgun or rifle in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine.

And the reason they don't mention handguns is because, with the exception of NYC, a carry pistol license is a license to carry a handgun loaded. NYC does not honor pistol license issued outside of NYC. And the pistol licenses they issue nowadays are premise permits, which does not allow the carrying of a loaded handguns during transport anyway.

PaPaBear- I would have thought you of all people would know the transportation laws as you are a hunter safety instructor.

I would think that as long as the ammo is in a separate container totally isolated from the gun it would not matter as the magazine is just another vehicle that holds ammo same as a cardboard box. The problem is that the NYC requirement is not totally clear on this point (as it is not clear on many points). The rifle/shotgun requirement is clear and spells it out exactly.
Just a point of information is that regarding DEC laws and requirments, I seem to remember seeing in the DEC regs that the "unloaded" requirements do not pertain to a licensed pistol/revolver.
In the interest of your own peace of mind, in the city, I would probably advise to transport the ammo a package or container and not the magazine.  If you are stopped, the average LEO in the City will probably accept the ammo in a magaizne as long as it is separated from the gun and in a separate locked container as being in compliance with the regulation, but I really would not count on this in every situation.

Folks:
   The answer to the question can be found in the Environmental Conservation Law, rather than in the Penal code. Please go to http://www.dec.ny.gov/outdoor/28182.html, where you will find the following definition:

"Transportation of Firearms
A person may not transport or possess a shotgun or rifle in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine. A loaded firearm may be carried or possessed in a motorboat while legally hunting migratory game birds."

   Therefore, the magazine must, also, be unloaded.
Gary

Quoted from Postal Bob

A loaded magazine is consedered a loaded gun

+ 1 , El Jefe es muy inteligente.

also check the NRA article:

http://www.nraila.org/gunlaws/federal/read.aspx?id=59

This has been an issue yourstruly has grappled with for a plethora of time.  Carrying the pistola concealed or in my saddle has never been an issue, but placing the ammo in a different compartment,,, well, let's just say my burro refused to play along...


... opprobrious

Yeah, found it.
ENV, Art., 11, Title 9

http://public.leginfo.state.ny.....179+&TARGET=VIEW

§ 11-0931. Prohibitions on the use and possession of firearms.
...
  2. No firearm  except  a  pistol  or  revolver  shall  be  carried  or
  possessed  in  or  on  a motor vehicle unless it is unloaded in both the
  chamber and the magazine, except that a  loaded  firearm  which  may  be
  legally used for taking migratory game birds may be carried or possessed
  in a motorboat while being legally used in hunting migratory game birds,
  and no person except a law enforcement officer in the performance of his
  official  duties shall, while in or on a motor vehicle,
...

Generally, I travel to the range with all my mags in my ammo box already loaded except for the one in the rifle which has a snap cap with the hammer down. I could interpret "unloaded in both the chamber and the magazine" as meaning the one in the rifle. But nothing about the ammo being transported in a separate and locked container. That's NYC.

Quoted from Gary_Hungerford

Folks:
   The answer to the question can be found in the Environmental Conservation Law, rather than in the Penal code. Please go to http://www.dec.ny.gov/outdoor/28182.html, where you will find the following definition:

"Transportation of Firearms
A person may not transport or possess a shotgun or rifle in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine. A loaded firearm may be carried or possessed in a motorboat while legally hunting migratory game birds."

   Therefore, the magazine must, also, be unloaded.
Gary

I'm not one to argue with you guys on issues like this, but couldn't this be read to mean that the firearm is considered unloaded when the chamber and magazine are both empty while IN THE GUN. In other words, if the magazine is out of the gun and locked away, it seems to me that it should be ok.  I think the way it's written they seem to be concerned that the chamber could/would be empty but the gun could have a magazine with ammo in it and therefore the gun could be "loaded" (round put in the chamber) in seconds so they would still consider it loaded.

Quoted from Sparkz

I'm not one to argue with you guys on issues like this, but couldn't this be read to mean that the firearm is considered unloaded when the chamber and magazine are both empty while IN THE GUN. In other words, if the magazine is out of the gun and locked away, it seems to me that it should be ok.  I think the way it's written they seem to be concerned that the chamber could/would be empty but the gun could have a magazine with ammo in it and therefore the gun could be "loaded" (round put in the chamber) in seconds so they would still consider it loaded.

That's the way that I would interpret this also,  it would seem only logical. I would not want to take my chances on this though because of the language used. It would seem ridiculous to me for them to be able to claim a gun was loaded in the magazine when you had an empty magazine in it and spare loaded mags in your ammo box, but I'm not a prosecutor or judge with an anti-gun agenda.

Quoted from Captain Will

That's the way that I would interpret this also,  it would seem only logical. I would not want to take my chances on this though because of the language used. It would seem ridiculous to me for them to be able to claim a gun was loaded in the magazine when you had an empty magazine in it and spare loaded mags in your ammo box, but I'm not a prosecutor or judge with an anti-gun agenda.

I'm in agreement with you guys on this also. But like I said in my earlier post, the language is not as clear as it is regarding rifles/shotguns. The language is too broad and is too open to an interpretation however a LEO/Judge/Lic Div wants to interprete it.

Just to be safe and avoid any problems, I would not keep any magazines for a rifle loaded whether lockex or not. keep this point in mind: how many times have you read about someone being arrested with a gun in their car. Somehow its always mentioned the the person had multiple mags loaded for the gun in question. And if you are a licensed pistol permit holder, and get in trouble for carrying a loaded rifle magazine in your vehicle, they can revoke your pistol lincense even if you didnt have a pistol with you. Is it worth it just to save a little time at the range loading your mags?

   The interpretation is that if the loaded magazine is within proximity of the rifle/shotgun, the rifle/shotgun is loaded. Has there been a legal definition of "within proximity?" No. Consequently, empty the mag, take the mag out of the rifle/shotgun, then pack each, in separate containers, before transporting.
Gary

Quoted from Gary_Hungerford

Folks:
   The answer to the question can be found in the Environmental Conservation Law, rather than in the Penal code. Please go to http://www.dec.ny.gov/outdoor/28182.html, where you will find the following definition:

"Transportation of Firearms
A person may not transport or possess a shotgun or rifle in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine. A loaded firearm may be carried or possessed in a motorboat while legally hunting migratory game birds."

   Therefore, the magazine must, also, be unloaded.
Gary

DEC considers a loaded magazine and the accompanying rifle/shotgun to mean you have a loaded rifle/shotgun. Debate this if you will, but ECATs can be expensive in both time and money...

Guys
We are getting off topic here. The original question did not ask about the DEC requirements.
He asked about the NYC locked box restriction regarding ammo.

Not off topic at all-

Original question:
"I know when transporting your firearm(s), the ammo must be kept in a separate locked container.  The question is, can the ammo be kept in a magazine while in the container or does it have to be loose in its ammo box?"
DEC requirements are in effect statewide.
NYC cite was added by another poster

Quoted from NRATC53

Not off topic at all-

Original question:
"I know when transporting your firearm(s), the ammo must be kept in a separate locked container.  The question is, can the ammo be kept in a magazine while in the container or does it have to be loose in its ammo box?"
DEC requirements are in effect statewide.
NYC cite was added by another poster

I could be wrong.
His location is NYC and reference to a separate locked container so I assumed it was in reference to the NYC locked box because there is no locked container requirements under DEC just unloaded.
Maybe he can clarify it.

Thanks for everyone's replies.  The question I posted was mainly related to transporting from home to range as a NYC permit holder (within the 5 boros or maybe even Nassau County).  I didn't see the answer in the NYC administratrive or NYS penal code on the matter.

The only reference I know of is NYS Environmental Conservation Law, which applies in NYC as well

As far as transporting the handgun through NYC and NJ I understand that the gun and magazine have to be both unloaded and locked in a separate box. My question is does a lockable glove compartment count?