guns from NY to DE


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Dimis
September 30, 2010, 01:00 PM
I have an odd question
a new friend of mine just moved here (Delaware) from New York
he brought only one of his firearms with him and told me that the rest are with family in NY
i told him we could make a day trip out of it and go and get them but he told me that his brother (a police officer) is in possesion of the rest of his collection and that in order to get his guns he has to do an FFL transfer

I understood when he mentioned he didnt care to go through NJ with firearms but we can take a long way around through PA

but he was adiment about the fact that no matter what whenever a firearm changes hands in NY state there is an FFL fee involved

this boggled me because they are HIS firearms REGISTERED in his name yet because the brother is holding them during the move they have to get an FFL involved

does this sound fishy to anyone else???

it sounded to me like the bro just wanted some free gunsand useing his clout as an officer to "convince" the brother that this law is true

can anyone point me to a webpage for NY law that states anything like this?

id really like to help this new friend retreave his rightful property

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vikinggirl
September 30, 2010, 02:34 PM
I'm in NY and I think I was also told that any interstate travel would require an FFL. However you can look here: www.nraila.org/statelawpdfs/NYSL.pdf
which states something along the lines of as long as you have a permit in the state (of NY) and the state you are traveling too, it should be ok if locked into the trunk of the car unloaded.
I am not a lawyer, so don't take this on my say so. :)

Sam1911
September 30, 2010, 02:40 PM
There is no FFL requirement anywhere to take your own items from one place to another. There is no "transfer" because you aren't transferring them to another party.

There are places (like NY) that require registration, or even approval before purchase or moving into the state with certain firearms, but at this point they are his, they are legally owned, and he's moving to another state where they will be legally owned.

Place them unloaded in the trunk and DRIVE. That's it.

Or, have him go to his local FFL and ask to fill out a 4473 transfer from him, to him. They'll get a kick out of that.

[ETA: Shoot, even if he was selling them to another party, the NY dealer doesn't do the transfer paperwork, the receiving dealer (in DE in this case) does. But that's moot because the whole idea is a bunch of hooey!]

mbogo
September 30, 2010, 02:54 PM
Based on what scant details you have given, all of it is hogwash.

You do NOT need an FFL to move your own guns across state lines, ever. You can take them with you in your car (unloaded, locked, and inaccessible to the driver) or send them to yourself via common carrier (they must be addressed to you, and ONLY you can open the packages). You could even take them on a plane with you if you follow the airline's policies and FAA regulations.


The only way I could think this would be possible is if he was a NYC resident. If so, he would be required to name a custodian for his guns in the event he was incapacitated. If his permit(s) expired, was revoked, or was surrendered, he may have transferred his guns to his brother, in which case, yes, he'd have to transfer them back to himself via an FFL (mainly to cover his brother's backside).

mbogo
P.S. If the guns are in the trunk of the car (as described above), there should be no problem driving through NJ. If you get pulled over, be cool, and don't give the cops any excuse to ask to search the car (or ask if you have firearms with you). This advice is applicable in any state, even those in "Free America".

Sam1911
September 30, 2010, 02:58 PM
P.S. If the guns are in the trunk of the car (as described above), there should be no problem driving through NJ. If you get pulled over, be cool, and don't give the cops any excuse to ask to search the car (or ask if you have firearms with you). This advice is applicable in any state, even those in "Free America".

And even in NJ, MA, etc., he's protected by FOPA'86 and the 4th Amendment.

Some very good thoughts on that here: http://www.thehighroad.org/showthread.php?t=546480

The Lone Haranguer
September 30, 2010, 06:11 PM
FFL transfer? He need do no such thing. They are his property. If Delaware requires new residents to register their guns - and I don't know one way or the other, but some states do - upon arrival, that is a different issue.

Rusty Shackleford
September 30, 2010, 06:32 PM
Sounds like his brother took a liking to his collection. At least I hope that's the case. It would be really sad if an actual police officer were this misinformed.

Delaware Ken
September 30, 2010, 07:01 PM
Delaware does not require you to register your firearms. Ten years ago when my Dad passed away in NY, he had it set up to transfer his handguns to me in Delaware through a registered firearms dealer in NY, to a dealer in Delaware. All I had to do was pay the transfer fees. Very plain and simple and legal.

As for his rifles and shotguns, I locked them up in my trunk, and brought them to Delaware on my own.

Hope this helps, Ken

MistWolf
September 30, 2010, 08:46 PM
Dimis- Did your friend go through an FFL to transfer the weapons to his brother?

paradox998
September 30, 2010, 09:07 PM
The only thing he should do is take the handguns off his NY permit - if he intends to stay out of NY. NY registers all handguns and they are "on" his permit. If he decides to sell them later and they are still on the NY permit, it could be a problem. Taking them off his permit is usually accomplished by completing a form at the lcoal sheriff's office.

Dimis
October 1, 2010, 02:41 AM
Dimis- Did your friend go through an FFL to transfer the weapons to his brother?

you know i never thought to ask...

as ken stated no registration in De at least not manditory

ive tried to tell him that this sounded like a load of bull and ill print out and refer to some of the documents ive found thankls to you guys

the other thing i am not sure of is if he had handguns or just all long guns

does this apply to handguns as well?

Sam1911
October 1, 2010, 06:54 AM
does this apply to handguns as well?

NO gun you lawfully own EVER needs to be transferred to you AGAIN.

The FOPA'86 clarifies that a person may transport his/her firearms from any state where he/she legally owns them, TO any state where he/she will legally own them, THROUGH any other state. There is never a REQUIREMENT to use the services of an FFL to deliver/send/hand over a gun unless it will go to the possession of another person -- and not always then.

When LEAVING a state (changing state of residence) there is no legally compelling reason to inform them that you've left and/or removed your guns.

Literally, succinctly, pack them up and GO.

geekWithA.45
October 1, 2010, 09:19 AM
I believe the source of this fellow's confusion is NY State's requirement to have a valid registration and license for handguns before possessing them at all in the state as a resident, even in the home.

Therefore, I understand that the normal way of importing handguns to NYS is to have the handgun escrowed by an FFL until the paperwork is complete.

To my knowledge, NY is the only state that requires citizens to go to such lengths to import their own property.

All 49 other states don't require anything like that. Even those few that require you to register certain classes of firearms usually have some provision for you to posses them in your home for a grace period while the paper is being processed.

AFAIK, DE has neither licensing or registration for mere possession at home.

NavyLCDR
October 1, 2010, 10:44 AM
Call the cops and report his brother for stealing the guns.

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