Traveling with Ammunition in New York

In New York, the statutes which govern ammunition per se are in the Administrative Code of New York and it is very briefly mentioned in the Penal Law as well. 

There is no specific criminal charge for the basic traveling with ammunition in New York. However, in the Administrative Code, the unclassified misdemeanor for New York City is classified as possession. Speaking with a well-versed firearm attorney about ammunition regulations could be beneficial for your case. 

Severity of Unlawfully Ammunition Travel

Traveling with ammunition in New York inside the five boroughs is the same thing as possession, and under the Administrative Code, if someone has a permit for a gun and they have ammunition for that gun, that is lawful. The unlawful traveling or possession of ammunition in New York is an unclassified misdemeanor which means a person can potentially face up to one year in jail as their maximum penalty.

Outside of New York City, there is no real criminal charge for the basic possession of ammunition as long as it is not some sort of illegal specialty ammunition like explosive rounds or armor-piercing rounds. Getting caught with a couple of bullets does not violate any New York State law. 

The different communities, Albany and some of those cities (Buffalo, for example) may have their own individual City Administrative Codes regarding firearms and ammunition. Under New York State law, just the transporting of ammunition is not per se illegal.

Examples of Penalties for Unlawfully Transporting Ammunition

Outside of New York City, if an individual is caught with illegal ammunition; caught traveling with explosive rounds, armor-piercing rounds or large-capacity ammunition feeding devices; they could potentially face some criminal charges because those objects are illegal. 

If that is the case and someone is charged with that, they could face jail time, getting a criminal record (which would almost certainly result in any permit or license that they did have to possess firearms to be revoked), and it could result in a number of different things. A criminal record carries a lot of collateral consequences.

Inside the city, it is the same thing, except it applies to all ammunition; all ammunition is barred under the City Administrative Code. This violation is a misdemeanor which could potentially carry up to one year in jail and if the person lives in the city, they are unlikely to have a permit to carry a gun, but there are other penalties that could accompany any sort of misdemeanor conviction.

Legal Requirements Prior to Traveling with Ammunition

People are able to travel lawfully with ammunition outside of New York City as long as the ammunition is not explosive, armor-piercing, or part of a large-capacity ammunition feeding device. There is no per se criminal charge regarding ammunition. The safest and least objectionable by law enforcement standards is to have a permit for a specific type of gun and to be carrying only ammunition for that gun.

It is important for an ammunition carrier to make sure that they have a valid updated license and examine what that license or that permit specifically states with regards to what they can do with the gun. It defines where traveling with ammunition in New York is legal and if there are specific methods of travel that the permit prohibits.

Who is Able to Travel with Ammunition Without Receiving Legal Permission?

In general, any military or law enforcement is permitted to transfer ammunition and technically, vendors have legal permission, as well as permit holders. People without a gun permit just do not petition for a certain exception to transport ammunition; that is unimaginable. An individual does not necessarily need legal permission to transport ammunition, but it has to be legal. 

There is no real definition of legal permission that would apply here. Either someone is carrying it legally or they are not. If someone is carrying it legally, then they have legal permission. Whether or not someone is given a piece of paper which has been signed off on has nothing to do with whether or not they are carrying it legally.