Moving from KA to NY with handguns

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bk42261

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My son is getting out of the Army in Fort Riley,KA and moving to Syracuse,NY where he'll be in the USAR.
He owns a Remington 1100, an SKS, and two handguns, and we need to KNOW the proper procedure for "importation" to NYS.
I know we can get some good advice here, so please help out
Thanks
 
he cant bring the handguns into ny without having a permit first. you cannot posess a handgun in ny even in your home without a permit.

there may be restrictions on the sks depending on how many features it has. you will have to read up on that, im not well versed in that area.

there are also restrictions on magazine capacity to 10 rounds.
 
His rifles are fine. The handguns must be stored out of state until he gets a permit to purchase. The nearest local gun store in Syracuse will help you out. All post 1994 mags must be 10 rounds or less.
 
And he can't get a permit until he's lived in NY for a year... and depending on the county, they have requirements regarding who can serve as references (or rather, how long they need to have known you) and they they have to be locals.

The 1100 will be fine. the SKS will depend on preban/postban compliance.
 
I would talk to the Sherrif's department in the County he's moving to. Each of the County's handles things differently, and some are better than others. If he doesn't have anyplace to keep them until he gets his ny permit, they might allow them to be held at a NY ffl. Not sure but worth checking. Welcome to NY. Some good deer hunting up that way, just fyi.
 
The SKS is OK as long as it is not configured with a removable magazine. For the pistols, he will have to leave them with somebody out of state or arrange some other storage until he gets a NYS permit. Permit application for Syracuse here: www.ongov.net/sheriff/documents/PLAPPLICATION.pdf

There is no minimum residency period for applying that I can find, but since your references all must be locals, your son may be rejected if the references have only known him for a short period of time.
 
Here's an example of NYS laws. If you possess a home-only permit, you can legally possess the handgun only while in your home. No where else.

When you buy your handgun from the dealer and transport it back to your home, where it will be legal to possess, I believe you are violation of the law while transporting it.
 
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Originally Posted by pseudonymity
The SKS is OK as long as it is not configured with a removable magazine.

Citation? There's no such requirement I'm aware of as long as the gun otherwise complies with NYS assault weapons guidelines.

NY Penal Code 265.00-22 - the "assault weapon" definition. An SKS (or any other rifle) without the ability to accept a detachable magazine is by definition not an assualt rifle.

Even with a detachable magazine the SKS may be OK, depending on the features. Any rifle "lawfully possessed" (whatever that means) before 9/14/94 is grandfathered, so a Yugo SKS with bayonet lug and grenade launcher would be grandfathered, a newer Yugo would not.

In short - SKS with the fixed magazine is good to go. An SKS with a detachable mag is in most cases good to go also, since the Chicom models that take AK47 mags were banned from import in 89.
 
Here's an example of NYS laws. If you possess a home-only permit, you can legally possess the handgun only while in your home. No where else.

When you buy your handgun from the dealer and transport it back to your home, where it will be legal to possess, I believe you are violation of the law while transporting it.

premise permits are not common outside of NYC. Western NY is very different. I would have to double check the law but I believe even where premise permits are given there is still an exception for going to the range and for transporting the firearm home. It would have to be unloaded and locked or in the trunk.

OP. Check out the law, check out new York specific gun forums .and maybe give the state police a call about the pistols. The forum I listed is a.great site and it's run by people from western new York, but I'm sure there are others. NY had some fubar'd gun laws but a lot of people will make it out to be way worse than it is. NYC is very different from NY and from a rkba perspective it gives the whole state a bad name. If you give some more details on the sks I can give you more specifics. (ie removable magazine, original military stock vs. after market collapsible stock, etc )

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About the pistols. He cannot bring them into the state without a NY pistol permit issued by the county he resides in. He cannot leave them with a FFL until he gets his pistol permit because that means he will have them in his possession without a permit prior to surrender, which is illegal and obliges the FFL to inform the police. He may be able to find an FFL that will accept them if they are shipped directly to the FFL from out-of-state, pending a permit, but he cannot just bring them to the FFL himself. It puts the FFL in a tight spot. Once your son acquires a pistol permit, he can legally have the pistols transferred to his local FFL, who can then transfer their possession to your son once he registers the pistols on his permit. If he has high capacity magazines that hold 10+ rounds, he must be sure they are pre-ban magazines. He should double check this with the FFL as well when he has the pistols shipped to the FFL - many of them will not release a pistol with high capacity magazines that were transferred into the state. The magazines will be destroyed, and the FFL will likely offer to sell him compatible NYS compliant magazines. If he knows the magazines are pre-ban (even better, if he can prove it) he should have the magazines sent to him directly and separately from the pistols, and they should not go through the FFL.

The requirements for acquiring a pistol permit vary from county to county depending on what the county judge requires. Some require a handgun safety course, some require a NRA handgun course that includes live fire, some may have additional or other requirements as well. Many judges will not accept other courses other than the one they require, and will not make an exception - currently the waiting period just for the required course in my county is over 9 months. A friend of mine who is a NRA Firearms Trainer in several different disciplines moved to my county and had to take the county course to get his NYS permit; the judge would not provide him with a wavier despite a career in firearms handling. Residency requirements will vary from county to county. Most require a number of references from other people that live in the same county, and that you have known for a minimum of 6 months to a year. Some judges will waive this requirement and accept references from out-of-state if you write a letter to the judge, others will not waive this requirement.

My best advice is for your son to contact the Sheriff's department and/or the judge in the county he will be residing in to start the application process now, and to find out if he can get any exceptions or waiviers for things like the reference requirements. I've lived in NYS all of my life, have never been arrested, and still spent over 9 months and several hundred dollars to acquire my (hunting and target) restricted pistol permit. Unrestricted isn't even a realistic option in my county.

Good luck. I'm sorry to be so negative in this post, but NY does not have an efficient, consistent, streamlined, or even logical pistol permit process.
 
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