Buying a rifle, two residences NYC & NYS?


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Mr. Ouchie
August 5, 2010, 12:33 PM
I currently live in NYC, but I also have a house in Orange County (upstate). My driver's license has my NYC address. Would it be a hassle for me to purchase a long arm to keep at my house because of my NYC address? Obviously I would not bring it into the city.

Thanks

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Coyote3855
August 5, 2010, 01:13 PM
I don't know NYC or NYS laws, but I believe the seller of the rifle will consider your Driver's License address in determining your residence for purposes of complying with the law at the time of purchase.

medalguy
August 5, 2010, 01:35 PM
"I believe the seller of the rifle will consider your Driver's License address in determining your residence for purposes of complying with the law at the time of purchase."

Not necessarily. I have homes in two states and I can buy guns in either state as long as I am a RESIDENT of the other state. ATF does not define what constitutes a residence, just that you live there at the time. I show my first state DL and a copy of a utility bill in the other state and explain that I have two residences. On the 4473 it asks what is your current state of residence. In almost ten years I have had only one FFL refuse to sell me a gun. I never returned to his shop. The onus is on ME to prove I live in the second state, not on him.

Now saying all that, I don't know about the local laws in NYC re NYS but this is to explain the DL address part of the question.

nalioth
August 5, 2010, 02:01 PM
Now saying all that, I don't know about the local laws in NYC re NYS but this is to explain the DL address part of the question. Except for the fact that only one state is involved, which requires someone with NYS knowledge answer the OP.

P.O.2010
August 5, 2010, 02:14 PM
New York City's restrictions on rifle and shotgun ownership are based on the NYC Administrative Code and are of no force or effect outside of the five boroughs. Period. You are still a New York State resident and as such may purchase a rifle or shotgun in NYS, outside of NYC, without a license. No crime is committed as long as the weapon never enters the five boroughs.

No store owner can be charged with a crime for selling an adult who is a NYS resident and otherwise qualified a rifle or shotgun simply based on the fact that the person maintains their residence in NYC. NYS Penal Law does not prohibit the purchase or possession of rifles or shotguns by a NYC resident. It is a local NYC ordinance.

My advice is that you explain this to your gun shop owner when you purchase the weapon should he or she ask. Tell them that you live in Orange County as well as New York City. My other advice to you would be to change your primary residence to Orange County since you can actually obtain a NYS Pistol License with full carry endorsement provided you get the right judge.

What New York City sometimes does is send Detectives to surrounding area gun shops to look at their records and see if a New York City resident has purchased a rifle or shotgun. The NYPD will then show up to your city residence en masse wearing bullet proof vests and raid jackets and demand that you allow them into your residence to look around. They never have a search warrant or an arrest warrant when they do this. It's all scare tactics; you have to agree to let them in. If they try this with you don't even open the door. If they tell you that they're going to get a warrant, call their bluff. They can't get one. Why? Because for them to get a warrant, search or arrest, they must have probable cause to believe that you have the weapon within the five boroughs of NYC where a license is required. Unless they have a witness who observed you in possession of the weapon within the five boroughs or a witness who is willing to swear that you stated your intention of bringing the weapon into the five boroughs they cannot meet their burden of proof and no judge will issue a warrant. Merely purchasing a weapon in Orange County is insufficient grounds for the issuance of a warrant absent concrete evidence of the transportation of said weapon into the five boroughs of New York City. Should the NYPD violate your rights, let them. You will be a wealthy man.

As a life long New Yorker I've been dealing with this crap for years and years. You've got nothing to worry about. Enjoy your purchase.

And change your home of record.

NavyLCDR
August 5, 2010, 04:25 PM
I would tend to agree with him ^^^^^^ !

medalguy
August 5, 2010, 08:38 PM
I do too. My post was merely to illustrate that the address om the driver's license is not necessarily the one which may be put down on the 4473 at the time of purchase.

hnk45acp
August 5, 2010, 08:46 PM
do you have a NYC long gun permit?

nyrifleman
August 5, 2010, 10:38 PM
As long as the rifle does not enter NYC, you're fine. There are very many NYC residents who have summer homes upstate and keep their firearms up there. Your dealer will probably have encountered this before.

Mr. Ouchie
August 6, 2010, 11:41 AM
Thanks for the replies folks. I'm looking forward to shooting again. I sold off my rifles when I went to live in the UK, I wish I hadn't!

springfield30-06
August 6, 2010, 12:51 PM
do you have a NYC long gun permit?
I know that NY State laws about pistol permits are messed up, but a permit for a long gun is even more ridiculous. NY gun laws are disgusting...

hnk45acp
August 6, 2010, 01:05 PM
Yes they are. The reason I asked is if he were to put it on his NYC license he'll be able to keep it in the city otherwise it can't come into the city. I know with a NYC pistol permit, the pistol can't leave the 5 boros but was unsure whether the same was true for long guns

NavyLCDR
August 6, 2010, 01:22 PM
I know with a NYC pistol permit, the pistol can't leave the 5 boros but was unsure whether the same was true for long guns.

So, if you have a properly licensed handgun within NYC, you cannot take that gun OUT of NYC? :scrutiny:

hnk45acp
August 7, 2010, 12:10 AM
That's correct unless you get written permission from the NYPD. So technically if I lived in Queens and went over the county line to Long Island to a range there I could lose my permit if caught. Crazy huh?

nyrifleman
August 8, 2010, 02:01 PM
]do you have a NYC long gun permit?

I know that NY State laws about pistol permits are messed up, but a permit for a long gun is even more ridiculous. NY gun laws are disgusting...

Let's not get New York CITY and New York STATE confused. The former has laws that would make Hitler and Stalin dance a jig together. The latter is... tolerable. No permit is required for long guns, and a pistol permit (though not a full CC) has to be issued within 6 months and may be challenged in court if rejected (that's right "has to be"... pistol permits in NY STATE are officially shall-issue, but may-issue in practice.) In my county, full concealed carry is automatically issued after you pass a course. It varies by county.

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