Legal length

[RKellogg]

Was not sure what thread to put this in because it is a two part question .

Have a guy at work that wants to give me a shot gun he has , but I am not sure if it it legal . It is a 16 ga bolt action , don't know the make , with a pistol grip and he saids it has at least a 18" barrel , I haven't seen it yet . Is there a over-all length they have to be . I was just thinking I would take it and see if I could find a stock for it .

Second question is , how do I know it is not stolen . I trust this guy 100% , but I started to think about if I bought a used gun from a show or somewhere . Is there a web site or a place to call to see if it has been stolen .

I am in Rochester New York , if it matters . Thanks .

 

[VARifleman]

I don't know New York law, so someone else will have to fill you in on that, but federal law for shotguns is 18" minimum barrel measured from the breach face to the muzzle. Drop a dowel in that has 18" marked on it and if the line goes into the barrel, you're fine. 26" minimum overall length. Run parallel with the bore, and give yourself some wiggle room. 26.0 may be fine, but 25.9 buys you 5 years, same with 17.9. It's stupid, but it does put people in prison. Give yourself a 1/2" on both dimensions and you'll be good federally.

Someone that is familiar with NY please fill in the blanks if there are any.

 

[everallm]

The only practical way to see if the weapon had been stolen AND reported would be to take it to the police and ask them to run a serial number check. The chance of the police doing that typically runs between slim and fat.

Make up a bill of sale, name, dates, addresses, copy to you, copy to seller and don't worry about it.

 

[contenderman]

As a practical matter it is wise to note who (and where) you acquire a gun (sale, trade, whatever). That way, if at some future point it turns out that the gun has been stolen you have some specific info. to give to the police. However, if you don't keep personal records the authorities would have to prove that you knowingly acquired the stolen property, or to try and prove that your the one that stole the gun. Both very tough to do. Typically the gun would be confiscated and you would be out any money that you paid. Yes moving back along the path of the gun you might be able to get your money back from the person who sold the gun to you, but that can pprove to be a long and winding road.

Specific to your question about a source to check ... at present that information is only available to law enforcement. For several years there has been a movement to get the ATF (etc.) to open access to Federally Licensed Dealers (FFL's) ... but, sadly, that still make to much sense. Access to the general public? Not a good idea as that would give thieves a portal to check and see if/when stolen guns have been reported/logged into the system.

 

[Rokyudai]

Ok let's see what google shows for good ole' Ra Cha' cha'.

Pretty sure 18 is the MINIMUM length of the barrel, overall I believe it must be greater than 26 inches (stock to barrel end). But what has me concerned is this part in bold. It's a ban on possession, not ownership...

Source: http://www.nysrpa.org/nygunlaws.htm

For City of Rochester: Effective April 1, 1993, the City of Rochester enacted a gun control ordinance. Four specific categories of firearms are banned: (1) specific assault-type weapons and stockless pistol grip shotguns; (2) any centerfire semi-automatic rifle or shotgun which holds more than six cartridges in the ammunition feeding device and chamber combined; (3) any ammunition feeding device capable of being attached to a pistol which holds in excess of seventeen cartridges; and (4) "look-alike" imitation hand guns which can be used in the commission of crimes. Antique reproductions are exempt. The ban is on possession, not ownership; the weapons may either be disabled and kept within the City, or stored outside the City. Pistol license holders may carry their handguns, except those that are specifically banned, in the City of Rochester except in government buildings, on school property, in public parks, or in other public facilities, in which all guns are banned. Long guns may not be carried in public places unless they are unloaded and locked in a vehicle, locked in a carrying case, or equipped with a trigger lock. All firearms must be stored in locked places or equipped with a trigger lock. This requirement does not apply to those instances when the gun is in "close proximity" to the owner and only applies to residences, not to businesses. The law bans selling, trading, or leasing firearms in Rochester, except through licensed dealers, or persons surrendering firearms under the terms of State law. The ban also does not apply to gifts or sales among family members, including bequests made pursuant to a will. Please look in the file library for more information on Chapter 47 relating to to "assault weapons", storage, carrying and discharging firearms within Rochester city limits.

You may try your luck at calling the Ulster County Sheriff. It's a crap shoot though.

 

[isp2605]

It is a 16 ga bolt action

how do I know it is not stolen

Most likely this gun will not have a serial number. Until the 1960s shotguns were not required to have serial numbers and some of the cheaper makes didn't have them. A 16 ga bolt action was most likely made pre-1968.