Give long guns to son in another state

[DrifterYank]

I live in Virginia. My (adult) son lives in upstate New York. He will be driving here for Christmas.

I have a .22 rimfire rifle and a 12 gauge shotgun I would like to give him when he is here. How can I accomplish this legally?

Thanks.

 

[Sam1911]

An FFL (dealer) can transfer them to him on the usual form 4473. You can do this in VA or NY.

(Handguns would be much more trouble.)

 

[oneounceload]

Since the recipient is in NY, doesn't he have to go through the herniating rigamarole that encompasses NY's SAFE Act and registration, etc., etc., etc.?

 

[Sam1911]

IIRC, the SAFE act doesn't get into this kind of rifle or shotgun -- though I might be wrong.

In any transfer between residents of different states, all provisions of the law in BOTH states have to be followed.

It might not be easy to find a VA gun dealer who's willing to sort out the NY laws to make sure they're in compliance, though. Just have to ask.

 

[Mman]

Check NY laws to make sure the rifle and shotgun are ok in NY. For instance if the .22 rifle has a tube magazine it probably takes more than 10 rounds and wiuld be illegal in NY.

 

[Field Tester]

Check NY laws to make sure the rifle and shotgun are ok in NY. For instance if the .22 rifle has a tube magazine it probably takes more than 10 rounds and wiuld be illegal in NY.

http://www.scopeny.org/safe_act/#mags

Not true. Number 3 under Magazines.

 

[Frank Ettin]

Sam pretty much covered it.

• Since it's a transfer from a resident of one State to a resident of another, federal law requires that the transfer be done by an FFL on a 4473.
  
  
• Since it's long guns, federal doesn't require that the FFL be an FFL in the transferee's State of residence (as it does for handguns).
  
  
• However, federal does require that (1) the long gun(s) be legal in the transferee's State of residence; and (2) that the transfer comply be done in a way which complies with the laws of both the transferee's State of residence and the State in which the transfer takes place.
  
  
• Some State's law would make impossible for any FFL other than one in the transferee's State of residence to comply. I don't know if that would be the case transferring a long gun to a resident of New York.

 

[DrifterYank]

Sam, you brought up a good point about Virginia FFLs possibly not wanting to be involved because of lack of familiarity with New York laws.

As a result, I didn't even bother to check the local Mom & Pop FFLs. My son went home without the guns. He is going to check with Dick's Sporting Goods when he gets home. Since they are located in both places and originated in NY they should know what to do, though it might cost a few extra bucks.

Thanks for the responses.