Nyc transporting gun to another state

[BIGGBAY90]

I'v heard from a friend that (live in nyc with a resident permit) he want to tranfer one of his guns to his second home in another state---nyc (1 police plz) says that he must go throught an ffl to have his gun ship there---but if he was moving from nyc permanently he can just put his guns in the car(trunk/case/locked) and drive it to his new home--nyc ffl transfer fee is $85------his new home ffl receive fee is $50 ---and he must go to 1 police plz to remove that gun from his permit---are the fee's about normal

 

[Shadow 7D]

What is your question?

 

[NavyLCDR]

What is your question?

are the fee's about normal

If he was making a statement he would have written, "the fee's are about normal" I hope.

 

[Shadow 7D]

Ah, read it 3 times and missed that
as for NYC and that mess
It's a gun that he can ship to himself, he doesn't need a FFL unless one is required for the city law...

 

[hermannr]

He does not need an FFL. He is in legal possession at his NYC place of residence, he is in legal possesson at his destination. Federal law says he can transport in a locked case. Just don't call NYC LE that you are doing so. NY law is screwed up, and not really law, becasue it is not in compliance with nathional law when it comes to transporting between states.

Lock it up, put it in the cars trunk, leave, and if he is smart, never return to NYC.

 

[BIGGBAY90]

Nyc must be informed because he must go to 1 police plz and have them remove that one gun off his permit and they want to see papers of THE licence ffl doing the transfer

 

[Shadow 7D]

Yeah, but what's to stop him from packing his stuff and just leaving
I mean, are they going to follow him to Florida and try to tax him or something (and yes it happens)

 

[BIGGBAY90]

yeah, but what's to stop him from packing his stuff and just leaving
i mean, are they going to follow him to florida and try to tax him or something (and yes it happens)

if he was moving out of nyc for good then he can do that but he has a home in another state and would like to bring one of his guns to that state and leave it there but because he will still be living in nyc he must follow nycpd rules

 

[NavyLCDR]

if he was moving out of nyc for good then he can do that but he has a home in another state and would like to bring one of his guns to that state and leave it there but because he will still be living in nyc he must follow nycpd rules

I don't think he would have any problems just taking it there himself. How the heck is NYC going to find out that he has his pistol stored in Florida anyway? Are they going to enter his home and search and make sure that each pistol listed on his permit is still in NYC?

I think it would be a huge rights violation case for them to charge him with any crime for legally retaining possession of a firearm at another location other than NYC just because NYC says he cannot remove his own property from NYC without getting their permission first.

 

[BIGGBAY90]

i don't think he would have any problems just taking it there himself. How the heck is nyc going to find out that he has his pistol stored in florida anyway? Are they going to enter his home and search and make sure that each pistol listed on his permit is still in nyc?

I think it would be a huge rights violation case for them to charge him with any crime for legally retaining possession of a firearm at another location other than nyc just because nyc says he cannot remove his own property from nyc without getting their permission first.

he has to renew his licence every three years and plus think about it----it is nyc law that he must follow, he is still a resident of the city and if he said that one police plaza which is the headquarters and where all firearms are register through in nyc he must follow---remember, if he was leaving permently he can just leave with it but to keep his nyc permit he must follow nyc rules

 

[NavyLCDR]

Just goes to show you the stupidity of politicians - they say they don't want guns in the city, but they won't let you legally remove them from the city.

 

[BIGGBAY90]

<deleted>

THIS IS WHAT I STATED
****** if he was moving from nyc permanently he can just put his guns in the car(trunk/case/locked) and drive it to his new home****
****HE STILL LIVES IN NYC AND WANT TO KEEP HIS EXPENSIVE (RESIDENT)PERMIT SO IT MUST BE TRANSFER BY AN FFL--NYC RULES****

 

[hermannr]

Bigbay90. I have a pistol, I also have the NYC paperwork for it, including a perminent NYC CC permit...it was a gift from my FIL.

It has not been in NY State since 1967, and it will never be back there if I can help it. (unless the wife has her way and we are planted there with her folks when we die)

That I just left with it has never caused me any grief...I just left NY with my wife and all my posessions, with no intention ever to go back except to visit. When I do go back to visit, I just don't bring that pistol with me, even though I could. Why risk it? NY is CRAZY.

 

[BIGGBAY90]

he want to tranfer one of his guns to his ***second home*** IN another state---MEANING HIS FIRST AND MAIN RESIDENT IS N.Y.C AND HE PLAN ON LIVING IN N.Y.C UNTIL HE MOVE TO HIS SECOND HOME IN A FEW YEARS

 

[Sam1911]

[Mod Talk: Wow, looks like we got off on a tangent about a permanent move. I've cleaned things up a bit to make it clearer what the OP is saying. Remember, to paraphrase that carpenter guy on TV, "Read twice, post once." ]

 

[hnk45acp]

Technically the pistol is tied to the residence in NYC. If he wants to bring it to his new house in another state he will technically need to remove it from his NYC license. If the pistol no longer is in his NYC residence he can't have it on his license. Will the NYPD know for sure if it's there? Probably not but if there were ever an issue the NYPD can pull his permit and he'll lose ALL his guns.

 

[BIGGBAY90]

technically the pistol is tied to the residence in nyc. If he wants to bring it to his new house in another state he will technically need to remove it from his nyc license. If the pistol no longer is in his nyc residence he can't have it on his license. Will the nypd know for sure if it's there? Probably not but if there were ever an issue the nypd can pull his permit and he'll lose all his guns.

that is correct hnk45acp

 

[hermannr]

You k now what, it sounds like just purchasing another weapon for his "second home" would be the easiest thing to do. Never register it in NYC, never bring it into NYC.

 

[Sam1911]

You k now what, it sounds like just purchasing another weapon for his "second home" would be the easiest thing to do.

Now that's not a bad idea at all!

The ATF FAQ says:

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

If this is a second home, and he lives there part of the year, he's definitely able to lawfully purchase any firearm that would be legal in that state. (So no worries about what NY or NYC thinks about it.)

 

[BIGGBAY90]

Many states and localities have laws governing the transportation of firearms. ***Travelers must be aware of these laws and comply with legal requirements in each jurisdiction***. There is no uniform state transportation procedure for firearms. If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container

 

[Sam1911]

Biggbay, that's close. The Firearm Owners Protection Act of 1986 does give a federal "safe passage" provision which does defend the traveler against incarceration for violating a restrictive state's laws.

TITLE 18 > PART I > CHAPTER 44 > § 926A§ 926A. Interstate transportation of firearmsHow Current is This? Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Note that ammunition does not have to be locked up.

 

[BIGGBAY90]

***Many states and localities have laws governing the transportation of firearms***. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction,any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry.
Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest

 

[Sam1911]

Travelers must be aware of these laws and comply with legal requirements in each jurisdiction,any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry.

Yes, but that's a little misleading. You don't have to be authorized to be able to "carry," as in open carry or concealed carry a loaded firearm, in either the location of your origin or destination to be covered by FOPA's protections -- just be lawful to possess that weapon there. Someone who doesn't have a carry permit from their home state, or from their destination state is still covered, as long as ownership/possession of that weapon is legal in both.

Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest

Yes, some states have pushed this issue. It appears to be largely a harassment tactic, as they know going in that there is a federal protection in place which kills their prosecution of the defendant they've arrested, but a few (NJ and NY mostly, from what I've read) will sometimes go ahead and arrest someone and put them through the legal wringer, forcing them to endure arrest, detention, temporary jail time, loss of income, costs of legal defense, etc. -- even though they know they'll be found to be in the wrong, in federal court.

 

[BIGGBAY90]

QUOTE BY SAM 1911 -NY mostly, from what I've read) will sometimes go ahead and arrest someone and put them through the legal wringer, forcing them to endure arrest, detention, temporary jail time, loss of income, costs of legal defense, etc. -- even though they know they'll be found to be in the wrong, in federal court.

THATS TRUE, THATS WHY IF THE **POLICE HEADQUARTER IN NYC** INFORMED MY FRIEND TO HAVE HIS GUN SHIPPED THROUGH AN FFL HE BETTER MUCH DO IT THAT WAY

 

[PavePusher]

I am very confused here. Since there is no transfer of ownership, merely transfer of location, how is an FFL involved? I don't see how NYC could require this.

Can an FFL even do something like this?

"Hi, Mr/s FFL, I'd like to transfer this firearm from myself to... myself..."