Even if you firearm is unloaded or you have no ammunition at all, you are not free from a felony arrest and prosecution. If the firearm is loaded as a matter of law, not necessarily physically, expect the Port Authority Police at one of these two airports to arrest you for and charge you with Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03. ![]() ![]() Unfortunately, the harsh reality for these otherwise law abiding people is that if they possess that loaded firearm in Queens at LaGuardia Airport or JFK Airport and they did not have a license, permit or legal registration to do so, the New York Penal Law does not differentiate this act from arrests involving illegal guns carried on the streets of any city throughout the state. Far from uncommon, police officers in Queens and other jurisdictions routinely make arrest after a non–resident of New York or NYC wrongfully believes he or she can possess a firearm (pistol, revolver, handgun, etc.) in the State of New York.
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