Hi, I have a question about out of state gun sales. I am going to make a hypothetical scenario. I know that every state has its own laws regarding out of state gun sales. Say for instance, I am the gun dealer and am located in NY. A customer walks in to my store and wants to buy a long gun, but he is a Florida resident. Can i sell him the gun legally? I did some research and found out that Florida residents can only buy long guns out of state, if the state they are buying in is what they call a "contiguous" state, meaning a state that shares a border with. Now, most customers dont know this and if I wanted to be dishonest I could sell all the guns I want to out of state residents, because there are currently no NYS laws prohibiting or restricting the "sale" of long guns to out of state residents, as far as I know.
QUESTION: Even if there was a NYS law stating I must know the other states law during a out of state resident sale, what laws have I technically broken? Technically, I am not responsible because I have not broken any NYS laws. The only law that was broken was a "Florida" law restricting the "purchasing" of an out of state long gun, which the customer broke. He is responsible for knowing his states laws. I, as a dealer, am not responsible to know any other states laws regarding firearms sales, legally. (It is not morally right, again I am just speaking hypothetically) Are we both responsible, or just the customer? Can i be held reponsible for breaking a Florida law, isn't that out jurisdiction, so to speak? I have another
QUESTION: Say i make this sale to the Florida resident. I put the 4473 form in my legal bound books which show the resident's address being Flordia state with a Florida ID. When the ATF comes in to do a random check (which is normal) they go through all the 4473 forms to look for any illegal activity, human errors and/or mistakes. No red flag would be waved when the inspector comes across the Florida resident. WHY you ask? Although ATF agents are FEDERAL, each state has their own bureau. The agents in that bureau only know the ATF laws of the state that they are inspecting in. It is impossible for 1 agent to know all 50 states ATF Laws, since they vary from state to state. If I have a FFL dealership in NY, that means a few times a year ATF agents who are trained in (correct me if I am wrong) "U.S. Gun Control Act" and "NYS Penal Code" will seize my books at random and check for inconsistencies.
Since, there are no NYS laws restricting/prohibiting the sale of long guns to non-contiguous out of state residents I have not broken any NYS laws according to the ATF agent. The ATF agent closes my books, says "Have a nice day, Sir everything seems fine here." and walks out the door. The ATF agent would never follow up on the Florida resident gun sale because she is only legally trained in NYS Law and is not concerned with Florida Law, its not her problem, its like they have blinders on. Laymans terms - they are only concerned with what concerns them and I ave seen it probally a million times. Since there is no registration process on long guns there is literally no paperwork or notification of any kind sent to Florda state to notify them of the sale. IT GOES COMPLETELY UNNOTICED!!!
Who would ENFORCE or regulate gun dealers from selling to out of state residents.The only way I could imagine that anyone would find out about this is if somebody was killed with this gun and some lawyer starting digging around. Otherwise, as they say "it is what it is". Pretty messed up, right? I would love to find out what people thought about this and any feedback or help woul dbe greatly appreciated, especially in regards to this QUESTION in particular, am I legally REQUIRED to know the laws of the out of state resident's state when making the sale? Thank you very much.
QUESTION: Even if there was a NYS law stating I must know the other states law during a out of state resident sale, what laws have I technically broken? Technically, I am not responsible because I have not broken any NYS laws. The only law that was broken was a "Florida" law restricting the "purchasing" of an out of state long gun, which the customer broke. He is responsible for knowing his states laws. I, as a dealer, am not responsible to know any other states laws regarding firearms sales, legally. (It is not morally right, again I am just speaking hypothetically) Are we both responsible, or just the customer? Can i be held reponsible for breaking a Florida law, isn't that out jurisdiction, so to speak? I have another
QUESTION: Say i make this sale to the Florida resident. I put the 4473 form in my legal bound books which show the resident's address being Flordia state with a Florida ID. When the ATF comes in to do a random check (which is normal) they go through all the 4473 forms to look for any illegal activity, human errors and/or mistakes. No red flag would be waved when the inspector comes across the Florida resident. WHY you ask? Although ATF agents are FEDERAL, each state has their own bureau. The agents in that bureau only know the ATF laws of the state that they are inspecting in. It is impossible for 1 agent to know all 50 states ATF Laws, since they vary from state to state. If I have a FFL dealership in NY, that means a few times a year ATF agents who are trained in (correct me if I am wrong) "U.S. Gun Control Act" and "NYS Penal Code" will seize my books at random and check for inconsistencies.
Since, there are no NYS laws restricting/prohibiting the sale of long guns to non-contiguous out of state residents I have not broken any NYS laws according to the ATF agent. The ATF agent closes my books, says "Have a nice day, Sir everything seems fine here." and walks out the door. The ATF agent would never follow up on the Florida resident gun sale because she is only legally trained in NYS Law and is not concerned with Florida Law, its not her problem, its like they have blinders on. Laymans terms - they are only concerned with what concerns them and I ave seen it probally a million times. Since there is no registration process on long guns there is literally no paperwork or notification of any kind sent to Florda state to notify them of the sale. IT GOES COMPLETELY UNNOTICED!!!
Who would ENFORCE or regulate gun dealers from selling to out of state residents.The only way I could imagine that anyone would find out about this is if somebody was killed with this gun and some lawyer starting digging around. Otherwise, as they say "it is what it is". Pretty messed up, right? I would love to find out what people thought about this and any feedback or help woul dbe greatly appreciated, especially in regards to this QUESTION in particular, am I legally REQUIRED to know the laws of the out of state resident's state when making the sale? Thank you very much.