Please Don't Be Judgmental

It all depends on what state you reside in now.

The answer here is always: Talk to a lawyer in your state familiar with firearm laws.

I want them out of the house.

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If it were not for the statement above, I would say don't worry about how long you have had them. As far as anyone knows you could have been keeping them in storage in the gun friendly state.

But, it is obvious you do not want the guns in the house so just sell them legally. Again, how would anyone know how long you have had them in the state?

But, I am not a lawyer... so it's probably best to disregard my advice.

bring them to a gun store it should be legal for them to posess them as long as you get them there.

if there are any questions you could allways explain it was granpas old guns you found them in a trunk were afraid of not being licensed and wanted to get rid of them .

Maybe the first thing......

is to determine if the posession of these handguns in your locality is actually illegal.

If not, and you truly want paperwork proving that you've sold the firearms to another individual, have an FFL holder do a transfer for you.

I've sold firearms to others without that formality of course, and felt very comfortable about it. I always use a simple bill of sale listing the buyer's name, phone number, and driver's license number (or in some cases, a concealed handgun license number). That's just for my benefit.

Some folks aren't comfortable doing that, and that's their right, but they won't be buying from me in that case.

If you live in DC or Chicago, you might have to sit on them for a little bit till the local rules get re-written.

If it's a "magazines are too large" issue for legality, Could toss out the mags and circumvent that by buying 10 round ones.

If it's a matter of you are made uncomfortable by their presence (it's ok, some people just don't like guns, and some marry people who do... it works out eventually. ) www.gunbroker.com and a conversation with a local FFL holder (many gun shops or Pawn shops, even some locals who do the service too) to handle the Shipping to the winning bidder should be your safest route to disperse the firearms to a new loving home.

http://www.gunbroker.com/FFL/DealerNetwork.aspx A searchable list of people who offer FFL service.

Besides, as said above, you could have had the guns with a friend or family member out of state and just now driven the guns to your residence in the less friendly state this week. Just start the registration paperwork (that still gets me, I've never had to register a gun beyond the on the spot check..) and legalize yourself. It's always easier than running around trying to avoid it, and your Husband can keep his Hardware.

Remember it's also legal to sell a Firearm Face to Face, to another citizen with nothing more than a handwritten bill of sale if you so desire. (edit.... It's just common sense though to do such a thing in a public area, check driver's license etc. )

Or drive to an out of state FFL holder and have them sell it for you.

http://www.gunbroker.com/User/HowToSell.aspx

You will get much better advice if you post which state this is in.

Hi,
As others have suggested, speaking with a knowledgeable attorney is your best bet. I'm guessing that the reality is that if you aren't in a position to afford the licensing fee's, you aren't in a position to pay a lawyer either. Try the link I attached and see if there is any useful info there. Just as you are hesitant to reveal too much info, most people on here are going to be leery of offering too much advice. For example, I would be hesitant to suggest that you leave them with a family member/friend who still lives in the state you purchased them in until you get it all sorted out. So I won't suggest that
Good luck with whatever you decide to do.....

http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)

Simple.

Take to gun store to be placed for sale on "consignment."

Gun store will get a chunk of the proceeds, you get whatever is left over.

+1 for being brave enough to ask a question in what is obviously very unfamiliar territory for you.

Wait for a gun "buyback" program and turn them into cash. We have "no questions asked" programs here in California so if NY has the same thing, that's the easiest way to dump a gun.

Thanx, Russ

Just my .02 and I am not judging by any means. But take a breath and relax. As long as you have acquired them legally and the facts are as they say, a lawyer will be able to guide you appropriately.

If I were in your shoes and did not want them lying around and were worried about selling them, I would go buy a cheap ammo crate at your local army surplus store. Oil the guns up and then put them in the ammo box and throw a couple pad locks on it and put it in your attic? This way they are secured and out of your hair. When things settle down then you can deal with the situation.

Also if you have extra ammo lying around, take it to a local gun shop and I am sure they will be happy to depose of it for you.

But living in Illinois and having lived in Chicago with handguns, the situation you are describing is not a big deal in the grand scheme of things...

Wait for a gun "buyback" program and turn them into cash. We have "no questions asked" programs here in California so if NY has the same thing, that's the easiest way to dump a gun.

Thanx, Russ

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That's ridiculous.

Why would you advocate playing into Anti-hands over selling legal private property for the value the market will bear? I don't usually say anything about California, but are things so warped out there that you think buy-backs are a good idea?

You're absolute best bet is to talk to a lawyer familiar with firearms laws. If you can't afford that, then I would call an FFL (gun dealer) and talk to them about it. Be advised that gun dealers in NY are required to record all of your information when they receive a handgun from you, but I don't see in the laws of NY where it is required that they verify a handgun license when receiving a firearm - only when transferring a firearm out of their store. Your possession of the handguns in New York, without a license, is a crime. As is selling the gun face to face in New York.

You could take the guns to an out of state FFL in a gun friendly state and probably have them sell them on consignment without too much hassle. For now, I would store the guns unloaded, with no ammo, in locked containers, and that is the way you will want to transport them as well when you decide what to do with them. In no way disclose the contents of the locked containers to any law enforcement and do not consent to search of the locked containers. If you are asked what is in the locked containers, the answer "personal items" is sufficient. I would avoid using gun cases - use generic pelican cases with foam inserts.

Once you physically leave New York State, New York State laws do not apply to you, regarding firearms possession. Federal laws and the laws of the state you are physically located in will apply to you. Federal law stipulates that you can transfer the guns TO an FFL in any state.

If you have any magazines over 10 round capacity, I would smash them with a BFH (Big Fricken Hammer) and dispose of them in the very bottom of a big trash bag full of the stinkiest, nasty trash you can come up with. Maybe wrap them in dirty baby diapers .

Unless you have kids. I'd just store them away. As long as you not doing anything unlawful, you should be fine.

I have a friend that has some very high end AK's and pistols. He moved to California from Texas. He stored his weapons at his mom's house but he wanted to get at least a couple rifles that are banned in California. We discussed this situation over a six month period. He has a valid Texas D/L and California D/L. He's a D.D.S. I told him if he really wants them where he lives in California, take them with you, fly in into Reno, NV(legal there) where his SUV was parked and drive straight home to S.F. I called him the next day and he said it was smooth sailing.

The reason to have the weapons was for if the SHTF and California is SHTF central especailly when it comes to earthquakes. He wanted to have protection if he has to bug out with his wife, to make it back to Texas. I told him it may very well be impossible to get out. Even a better reason to have them. We both conccurred.
JT

1. Wearing cement shoes in the bottom of a lake

2. Take it to a Pawn shop, in a friendly state. Get a pawn receipt and you are done.

First off I just want to say to Jenna that I applaud you for having the courage to ask these questions - I know it can be a very intimidating atmosphere when you're not familiar with it, but as I hope you've found is that most gun owners are generous people who genuinely care about your safety and comfort.

Second I just want to mention how ridiculous it is that Jenna is having to stress over this - her and her husband are american citizens who acquired these firearms legally and (i'm assuming) haven't used them for any unlawful purposes, and she's having to stress (i'm sure for many years now) so much that she got way out of her comfort zone and behind her husband's back to try to figure out what to do. I realize this recent SCOTUS decision is a step forward, but there's still a long way to go I'm afraid. I'm just glad I live in Texas where we don't have to worry about this kind of stuff.

Bu t as far as I see it Jenna you have three choices, all with their own pluses and minuses:

1. get rid of the mags, clean and lube the guns, lock them up and store them in the attic - no one's going to come looking for them, but that doesn't make you compliant with the law.
2. Talk to a lawyer - see what they say - consider getting the proper permits - not knowing how that all works I have no idea what it entails. Can you get a license now three years after the fact and then everything is legal? I don't know- but a lawyer would.
3. Do what NavyLT suggested and sell them in a nearby gun-friendly state.

But don't sell them in NY state, don't turn them in for a buyback program. And talk to your hubby about it and let him know how truly uncomfortable this situation has been for you. Good luck!

Why not find out when and where the next "gun buy back" is, then go and sell them that way? No questions will be asked, that is usually the policy that they have at those things. Police in areas that are not gun friendly might also have a policy of allowing people to turn in guns without having to explain why they have them.

Otherwise, load them in the trunk, drive to a gun friendly state and pawn them.

EDIT

Call a pawnshop in Penn. or Vermont and find out if they will buy them. They don't have the same laws regarding transactions IN STATE the NY does. I suppose that it shouldn't be a problem to do that. I am not read up on NY state laws. Regarding licenses, that depends ENTIRELY on the state you are in. I don't think there will be a problem with selling the guns in, say, Vermont.

Deleted

First off, don't panic...

NavyLT is right on track (including DON'T DISCLOSE THE CONTENTS OF THE LOCKED CONTAINERS TO ANYONE FOR ANY REASON, until you are out of that state)..... although I would get rid of the mags the same way I get rid of the guns (no sense tossing that money away either)....

But truly, don't panic... No one is coming house to house with gun detectors (... yet), and they can't search your locked items in your car without a warrant or probable cause (even in NY.... yet)

And lets just hope your real name is NOT Jenna Brinks (if it is- change your user name.... might need an admin to help with that... just PM hso by clicking on his name in front of his post....)

I feel your concern! I'm a native of Oklahoma, and found myself moving to the Syracuse area for several years. I brought my S&W .357 mag. with me, then found out about the BS oppressive NY gun laws, and was scared to death to take the gun out of the house. When we moved to the country out near Pennellville, I could shoot a few rounds in the backyard once in a blue moon, but it still made me very nervous.

Without a permit to own a pistol, gun shops in NYS wouldn't even take a pistol of out the showcase for me to look at. I'll never live there again.