Moving from KA to NY with firearms

[bk42261]

My son will be leaving Fort Riley, and moving to Syracuse around May/June.He's leaving the Army and will be bringing two handguns and two rifles (one of which is 742 with a 10- round magazine, in case that matters in NY)
Will he need to send them all to an FFL in NY, or just the handguns, or is he good to go as-is? What about ammo?Does that need to shipped/ stored seperately or just not in the same carrier as the guns?
He'll be driving a U-Haul or similar with his van towed behind it .Could he bring the guns in the (locked) truck with the ammo in the (locked) van and be OK?
I understand NY has some pretty goofy gun laws, and don't want him to get jammed up.Thanks for any input.

 

[Sam1911]

He's going to need to do something else with the handguns. NY State law requires that he go through an application process to be allowed to possess handguns. Until he's completed that process, having them would be very illegal.

More info here: http://www.nraila.org/statelawpdfs/NYSL.pdf

Here are some excerpts:

A license is needed to possess a handgun. ...
The determination whether to grant the license is completely within the discretion of the licensing officer. ...

... Other counties may also require a safety course for license issuance. ...

A license may be granted to an applicant who is of good moral character, who is over 21 years of age, who has not been convicted of a serious offense, who states if and when he has ever been treated for mental illness, who is not subject to a protective court order and to whom no good cause exists for the denial of the license. ...

An investigation will be conducted regarding all statements required in the application. This includes taking the fingerprints and physical descriptive data of the applicant. ...

The licensing officer may, in his discretion, add restrictions to the license, limiting the places where the handgun may be kept or carried. ...

No demonstration of need to possess is required to obtain an “on premises only,” license valid for one’s home or place of business. An “on premises only” license authorizes the possession of a
handgun only at the location written on the license. It does not authorize the holder to take such handgun to any other place. (It should be noted further that an “on premises only” license
technically does not authorize the holder even to transport the handgun from its place of purchase to the location stated on the license.)

...If issued, a license is valid until revoked, except in New York City.

... A license fee is fixed by the board of supervisors in each county.

... A fee is charged fee for each amendment to the license.

... Each handgun possessed must be listed on the license by make, model, caliber and serial number. ...

The name and address submitted by an applicant to obtain the license becomes a matter of public record....

...Failure to notify of the change of residence may result in an inability to obtain amendments, and
possible revocation of the license.

NY is ... distressing.

 

[bk42261]

Thanks Sam I thought he'd have to jump through some hoops. The rifles should be fine though, right? A custom Mauser 98 and a Remington 742.
Any goofy restrictions on ammo?

 

[JimPage]

He should apply as soon as he can. Most counties recognize military service as adequate training in lieu of a safety course. Oneida county for example recognizes it for 3 years. Other counties may vary.

 

[Sam1911]

From what I understand, the "hoop jumping" can take a year or more for the handguns.

As for rifles, he should be fine. As long as his mags are no more than 10 rds, and it does not meet this definition of an "Assault Weapon:"

A semiautomatic rifle that has an ability to accept a
detachable magazine and has at least two of the following
characteristics:
• a folding or telescoping stock;
• a pistol grip that protrudes conspicuously beneath the
action of the weapon;
• a bayonet mount;
• a flash suppressor or threaded barrel designed to
accommodate a flash suppressor;
• a grenade launcher.

 

[bk42261]

Sam, his BIL is a Sargeant with the Syracuse PD. Is there a way he could LEGALLY yet temporarily transfer the handguns to him through an FFL? Just checking on options. Thaks much for your help!

 

[toivo]

Sam, his BIL is a Sargeant with the Syracuse PD. Is there a way he could LEGALLY yet temporarily transfer the handguns to him through an FFL? Just checking on options.

It's as legal as pie as long as your son doesn't enter the state with the handguns in his possession. He can ship them to an FFL for transfer to his BIL. The "temporarily" part is between your son and his BIL. When your son's permit comes through, the handguns can be legally transferred back to him, as long as the BIL hasn't decided he'd rather keep them. They would legally be his.

I don't know about Syracuse, but in my county a handgun transfer between two permit holders can be done without an FFL being involved. There is registration paperwork that has to be done through the sheriff's office, though: the handgun has to be taken off the seller's permit and added to the buyer's (or in this case the "giver" and the "receiver.")

How long it will take for the permit depends on the county. I got mine in three months, but I've heard of people waiting a year or more.

 

[Sam1911]

Yes, that should work really well! Knowing someone in the state who is already "gunny" and willing to help out like that is a big plus.

 

[Midwest]

If you are interested, there is a site that deals with the pistol permit issues of NY State including which county might offer unrestricted carry as well as waiting times for the permit.

http://www.nyfirearms.com/forums/pistol-permits/

 

[lobo9er]

having them would be very illegal.

all good info so far for you. He can have pre-ban stuff. Pre ban mags and "assault weapons".

 

[lobo9er]

He can make a hobby out of trying to get his head around NY state gun law. Good hunting around syracuse though. Also he will be close to one of the biggest state parks in the country, The Adirondaks. you can fit yellowstone.yosemite and like 4 others in inside the Adirondaks. Its massive. I recommend checking out the high peaks area.

 

[wgp]

All of the above makes me happy I am NOT moving out of Kansas, especially to New York.

 

[hermannr]

This would be my idea on how to take care of the handguns: BTW: this is not talking about a permit to carry, only a permit to possess.

Give the BIL the types and SNs of those he wants to bring so BIL can put them on his personal permit. I'm not sure of LE in NY, but I think that they need a permit for personal weapons too??? correct me if I'm wrong, it's been several years.

Bring the handguns to the PA/NY border, but do not go into NY. Loan the handguns to the BIL until his personal permit is complete, then BIL can return them.

Remind him (I am sure BIL will anyway)...he can not legally touch these handguns in NY until he has a permit with these particular weapons listed.

How long it will take to get a permit to possess is totally up to how well politically connected his BIL is.

 

[X-Rap]

Personally if I were him I would go out and buy a preban AR, a Glock and a bunch of preban mags for both of them before I made any moves toward residency in NYS. I don't know if it matters but getting that stuff into the state once he becomes a resident may be bending the rules a little and anything preban in NYS is way expensive.
Have him leave all the handguns with you until he gets the go ahead from NY.
I think once you get squared away with a permit and depending on the location NYS wouldn't be bad, I like the country north of Syracuse.

 

[lobo9er]

NY is bad but i wouldnt say its the worst. NY you can carry any size knife you want hunting and in texas it has to be smaller than 6 or 7 inches, I think. so NY is better than texas in that regard! I better fact check texas law though and make sure before I gloat to much

edit:Texas
Summary: Folders under 5.5" OK.
Max length: 5.5"
Specifically illegal: Switchblade, throwing knives, daggers (in general), bowie knives, swords and spears.
Relevant laws: Penal Code 46
Quirks: The one state people associate with Bowie knives explicitly forbids them.

 

[lobo9er]

Also in NY Balisong better known as butterfly knives are legal. And in court of law were found to not be a "switch blade" because it takes 2 hands to open and then lock the blade open. Sorry for the tangent. Just want to point out NY isn't all bad, just dont confuse Upstate Law with Down State law I.E. NYC. NYC might as well be a different planet.

 

[crossrhodes]

Good advice

Some good advice to keep things legal for the Vet. My advice....don't drive through New Jersey.