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Getting guns into New York

Discussion in 'Legal' started by SleazyRider, Feb 13, 2013.

  1. SleazyRider

    SleazyRider Well-Known Member

    After April 15, guns being sold in New York are limited to seven round magazines, meaning most of the pistols I oogle over in the latest issue of Guns and Ammo are unobtainable---simply because I live in New York. So I was wondering---can guns be shipped to New York without the magazines? Furthermore, can the magazines be sent to a third party in a free state for conversion to seven rounds, and then shipped to New York?

    To be clear, here is what I envision: A NYS resident like myself buys a 16-round CZ75B from an online gun shop in Texas, for example. The gun gets shipped to my FFL in New York without the magazines, and transferred to me. In the meantime, I pay the extra shipping charges to ship the magazines to a gunsmith in Pennsylvania, where the smith modifies them to accept seven rounds, and ships them to me.

    Is this legal? Do you think a dealer or gunsmith would have a problem with this?
  2. mgkdrgn

    mgkdrgn Well-Known Member

    Naaaa, they enter into conspiracies to help their customers break state and local laws all the time. I mean, it's only their livelihood on the line.
  3. ultra45

    ultra45 Member

    Be forewarned, Pa dealers are being very cautious, as of late. Many are refusing to sell,anything over the counter that is or will be banned in NY, even if it is totally legal. I visited two large firearms dealers who could sell you a long gun and let you leave with it, refuse to do so. It is still legal to do so, however they have chosen not to make the sale. They would only ship to a local FFL.
  4. SleazyRider

    SleazyRider Well-Known Member

    What conspiracy? What law is being broken?
  5. PGT

    PGT Well-Known Member

    seems like a NY resident doing everything in their power to <gasp> follow the law.
  6. santanzchild

    santanzchild Member

    I agree seems to me he is taking initiative and trying to stay legal while still getting new pieces for the safe.

    Sent from my SAMSUNG-SGH-I727
  7. gbran

    gbran Well-Known Member

    Prolly won't fly, but it sure sounds like this violates the commerce clause, not to mention guns in common use.
  8. huntsman

    huntsman Well-Known Member

    The intended unintended consequences of gun laws.

    OP sooner or later they’ll have to make NY legal guns or maybe NY will just be a black hole where no new guns will be sent in.
    Last edited: Feb 13, 2013
  9. splattergun

    splattergun Well-Known Member

    Seems it would be easier to move to the Free States.
    Not to jack a thread, but I wonder what it might take to evict states such as NY, CA and IL from the Union?
  10. Tom from WNY

    Tom from WNY Well-Known Member

    To the OP; that is an interesting quesition. As a FFL holder, I will offer the following opinion. It is a dangerous issue, not for the FFL and SDL transferring the handgun (in New York State, you need a State Dealer License to transfer a handgun along with an FFL), but potentially for the FFL in the Free State for transferring magazines ORIGINALLY designed to hold 10+ rounds.

    The SAFE act interpretation on the official website does state you can block the magazines. However, if you read the law itself, it states that the magazine "cannot be readily convertible" to full capacity. There is no current interpretation as to what "readily convertible" means!

    So, here's the conundrum, what constitutes "readily convertible"? I don't know at this stage of the game and the SAFE act folks are even more confused. None of us will know until caselaw is established in that area; and no one needs to be the first one up in court to find out. Best advice, contact a lawyer prior to going through what may be an expensive and futile exercise.

    That website, by the way, is so full of errors on the photos of what is "banned" and "allowed", it is dangerous. Here's an example of an allowed firearm: a Chiappa PPSH replica in .22 lr. Why? Because it has a conventional wood stock. The fools putting the website picuture show together did not note that this gun has a 30 round stick magazine (missing in the photo)and a barrel shroud (a definite no-no). At the bottom of the website, it states that this cannot be relied upon for legal advice. Another totally useless waste of NY Taxpayer resources.
  11. Old Shooter

    Old Shooter Well-Known Member

    When this law finally goes all the way through I'd expect CZ, Smith, Glock and all the others to start making "New York Legal" mags for their guns. Mayby just call one of them or wait to see if this happens.

    I wouldn't think they would kiss all those sales and customers goodby for the sake of a plastic filler or extended follower for the mags, think something along the lines of a shotgun filler plug but with the botttom of the mag welded closed?

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