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Calling New Yorkers......

Discussion in 'Legal' started by Tinman357, Jan 31, 2011.

  1. Tinman357

    Tinman357 Well-Known Member

    Legal question here.. Strictly home defense. What are the rules in upstate NY concerning keeping a shotgun in the home. No traveling, no hunting. Just in the home.

    What say you?

    The reason for this is I want to get my ex-wife one. No luck in finding any state laws.
  2. batjka

    batjka Well-Known Member

    There are no rules. You can have as many long guns in your house as you want. Handguns are a different story.
  3. SleazyRider

    SleazyRider Well-Known Member

    That is my understanding as well. All you need is a driver's license (and NICS check, of course) to buy the gun and you're good to go.

    Now putting it in the hands of a person who's not trained and proficient in its use, however, is a whole other topic; and one that's been debated here ad nauseum.

    May I assume that you don't live in the same house? If push came to shove, I suppose somebody could argue that that's a "straw purchase," especially in the event that it becomes necessary to actually use the gun in a defensive situation, justified or not.

    May I suggest that you purchase the firearm in her name, that is, you pay for it at the register but she undergoes the NICS check? Just a thought.
  4. Legionnaire

    Legionnaire Well-Known Member

    No, don't do this. If she's buying it, she pays for it. I don't have a copy of the form in front of me, but there is a question to the effect, "Are you the buyer of this firearm?" Answer better be "yes."
  5. kingpin008

    kingpin008 Well-Known Member

    What you've just suggested is a textbook example of a straw purchase. :banghead:
  6. SleazyRider

    SleazyRider Well-Known Member

    I stand corrected. The gist of my idea, however, is at least for you to give her the cash. It's still legal to give your ex cash, right?
  7. rajb123

    rajb123 member

    If the purchase is made in a NY store, there is no waiting period like CT, and NJ. She can buy it today and take it home today. Don't do a straw purchase, it is not legal.

    I beleive pump shotguns in 12 or 20 gauge are the favored for home self defense.
  8. bobbo

    bobbo Member.

    In Upstate NY, unless the local municipality has any special laws, there are no regulations about keeping a loaded firearm in your home.

    I have a Mossberg bolt-action 20-gauge with buckshot in my closet, and it's almost always loaded. I don't need a lot where I live, and it will do the trick for me. Most prefer a short-barreled Mossberg or Remington, but Savage, Ithaca and Browning also have nice 18" and 20" barreled guns for sale.

    A few points:
    * Remember, NY does have a dumb AWB in place, but as long as it's a tube-fed pump shotgun, there aren't any restrictions on "evil" components.

    * Any gun shop would be more than happy to sell a nice shotgun to the lady. No waiting periods, no registrations, no FOID cards to worry about. Just the normal Form 4473. I would suggest talking to her, finding a local gun shop, and ordering one from Bud's and shipping it to her.

    * Straw purchasing usually applies only to buying a gun for someone who legally can't buy one. If it's a gift, which seems to be the case, most FFLs will be really good about it and think it's nice of you. My FFL knew the .22 Savage I bought this last year was a Christmas gift for my mom. The way they looked at it, they were getting another person to buy ammo and supplies from them.

    * Would suggest a training course. Where about in the state will she be (you don't have to be too specific, just the closest city will help).

    * Wow, for you to want the ex-wife to be defended is really nice of you :) .
  9. Tinman357

    Tinman357 Well-Known Member

    The legalities of getting it to her aren't a problem. Just wanted to know that it was legal for her to have there. It's her shotgun to begin with. She bought it herself several years ago. :)

    Training is always a great idea, but even though she would be uniquely qualified, she doesn't have time to be training people right now. :neener:

    She was my wife for 16 years, She can handle a gun with the best of men.

    But thanks for the concern. Good advice and well intentioned folks here.

    Ya gotta like this place. :D
  10. xr1200

    xr1200 Well-Known Member

    the only cites you have to worry about is buffalo and rochester, they have some BS city laws that are different than state law.
  11. rm23

    rm23 Well-Known Member

    And Albany. Any city in NYS with over 100,000 people can make their own laws.
  12. GRIZ22

    GRIZ22 Well-Known Member

    If the purchase is made in a NY store, there is no waiting period like CT, and NJ.

    Just to correct a point. There is no waiting period in NJ but NJ law prohibits sale of any firearm to someone who is not a NJ resident.
  13. danez71

    danez71 Well-Known Member

    I know for a fact that almost exact transaction took place at Turners Sporting Goods on Beach Blvd in Buena Park Ca in the early 90's.

    2 hand guns. 2 NCIS checks for 2 different people. 1 ring up at the register. 1 credit card paid for both.
  14. scaatylobo

    scaatylobo Well-Known Member

    If your refering to NYC then the answer is NO.

    They have their own FOID cards and she would have to apply for that.

    To my knowledge,unless you do a straw sale/buy - it would be legal for you to give her a gun you had already owned.

    But without TRAINING she would be a hazard to all ,including herself.

    To avoid breaking any laws,ask at her local police station and her local District Attorneys office.

    Ever heard the expression C.Y.A. ?.

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