Question: Long gun transfer in NY state


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MartinBrody
October 12, 2006, 09:49 PM
I am a PA resident. I want to give one of my long guns to a friend who is a NY state resident. He can legally own long guns. I am going up there, not mailing it.

Do we need to do a transfer in a gun shop?

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45Badger
October 12, 2006, 10:40 PM
As long as he's not a resident of NYC, nope. You are good to go.

wdlsguy
October 12, 2006, 10:47 PM
The services of an FFL are required because this is an interstate transfer.

MartinBrody
October 12, 2006, 11:07 PM
This is from the ATF website regarding the Gun Control Act. I had checked it before but had not found this. It may be ok under state law, but it looks like Federal Law requires you go through a Licensee.

B. UNLICENSED PERSONS

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

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