15 Round Mag Sold to New York State Resident


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Drakejake
April 14, 2008, 09:12 PM
Today I realized that the purchaser of my 15 round factory mag for the Star Models 30 and 31 was won at auction by someone who lives in Fairport, N.Y. The mag is new old stock and in the original Interarms package. These pistols was last made c. 1990's. Do I have to return the buyer's check?

Thanks,

Drakejake

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Autolycus
April 14, 2008, 10:55 PM
I believe as long as the mag was made before 1994 it is ok in NY. I am not sure though but I am going by what I have read on the internet.

Good luck with your sale.

Drakejake
April 14, 2008, 11:00 PM
Yes, hi-caps made before 9/14/1994 are OK in NYC. This one may have been made before or after, I have no way to be sure. I don't think I need to worry because NY law doesn't apply to me here in TN, so I will probably leave it up to the buyer. It will be his problem. Maybe he knows something I don't.

Drakejake

Prince Yamato
April 15, 2008, 02:00 AM
Fairport is a suburb of Rochester, NY. Fairport only has a mirror of the federal AWB and the stereotypical NY pistol registration. So if the mag was legal to own in from 1994-2004, it's legal for said Rochesterian.

Robert Hairless
April 15, 2008, 06:23 AM
Does an individual who is a citizen of one state have an obligation to enforce the laws of another state in a transaction made outside that second state?

TAB
April 15, 2008, 06:25 AM
no, but that does not mean the other state won't go after you.

Robert Hairless
April 15, 2008, 07:11 AM
no, but that does not mean the other state won't go after you.

So the New York State Police could arrest Drakejake in Tennessee for selling what is legal in Tennessee to someone in New York because it is illegal there?

If so, there seems to be no point in having states or allowing those that exist to make their own laws. Might as well let New York State handle everything for the entire country so we can shut down the other state governments and save a fortune.

jrfoxx
April 15, 2008, 08:09 AM
And that's exactly what Bloomberg wants to happen, and has been attempting with his "stings" of gun dealers in other states.I'm sure he already has his crown picked out, and has a slew of new laws already written in case he somehow gets his way. :barf:

eric.cartman
April 15, 2008, 11:00 AM
So the New York State Police could arrest Drakejake in Tennessee for selling what is legal in Tennessee to someone in New York because it is illegal there?

If so, there seems to be no point in having states or allowing those that exist to make their own laws. Might as well let New York State handle everything for the entire country so we can shut down the other state governments and save a fortune.

With Bloomberg in charge of it all...
Oh wait, it already happened.

Prince Yamato
April 15, 2008, 11:07 AM
So the New York State Police could arrest Drakejake in Tennessee for selling what is legal in Tennessee to someone in New York because it is illegal there?


Robert Hairless, meet Michael Bloomberg

Heavy Metal Hero
April 15, 2008, 11:12 AM
So the New York State Police could arrest Drakejake in Tennessee for selling what is legal in Tennessee to someone in New York because it is illegal there?

Doubtful. It is the responsiblity of the buyer to know his or her state laws.

On the other hand, if you knowingly send him contraband you may face some kind of punishment.

Just return the money and inform the buyer that he/she needs to brush up on state law.

Robert Hairless
April 15, 2008, 12:27 PM
Eric.Cartman:

With Bloomberg in charge of it all...
Oh wait, it already happened.

Wow, Eric, so Michael Bloomberg as Mayor of New York City had the New York State Police arrest someone in Tennessee for selling what is legal in Tennessee to someone in New York because it is illegal there?

I didn't know that. I learn so much from the Internet.

HeavyMetalHero:

Doubtful. It is the responsiblity of the buyer to know his or her state laws.

Oh shucks. Rational people spoil all the fun.

Jim K
April 15, 2008, 01:35 PM
No, NY police can't come to another state and arrest anyone for violating a NY law. In theory, the seller could be sued in federal court, but that is very unlikely over one magazine. Most of those magazine limit laws cover buying, selling or offering for sale within the state. Accepting a shipment from another state is construed as buying, just as if the transaction was in the state.

Jim

Car Knocker
April 15, 2008, 03:11 PM
I believe NYC, in civil proceedings, sued those out-of-state gun dealers rather than instituting criminal proceedings.

blkbrd666
April 15, 2008, 03:29 PM
Get address of relative or friend outside of NY from buyer and ship there???

mekender
April 15, 2008, 06:51 PM
So the New York State Police could arrest Drakejake in Tennessee for selling what is legal in Tennessee to someone in New York because it is illegal there?

no, they have no arresting powers outside of NY... they do have the power to issue an arrest warrant and if your name ever got ran in TN it MIGHT show up... no guarantees that it would show up outside of NY, but it might... as for what crime they could charge... how about "facilitating the importation of illegal contraband into the state of NY"...

im not saying that it would happen, but similar charges have been filed against people that have sold off-list or banned guns to CA residents

Drakejake
April 15, 2008, 10:34 PM
This is mainly a problem for the buyer, who is a resident of New York State. He believes that the mag is pre-ban and that is good enough for me. It is on its way. I assume he has a Star 9MM and that should be a bigger problem for him than a mag. I doubt whether 10 round mags were ever made for the Star 30 or 31. But I am open to the facts.

Drakejake

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