Question on long rifle purchase?

[lonewolf5347]

I like to ask I own a home in N.C. were I snow bird for 5 month out of the year.
I like to ask can I legal purchase a firearm (long Rifle) from a private party and bring it back into N.Y.S. when I return to my primary resident.
I would do a bill of sale also copy both seller and buyers driver Lic:

 

[Bubba613]

If you are not a resident of NC then you cannot purchase any gun from a private party. You may purchase a long gun from a dealer, if he does it in accordance with NY state laws.

 

[NavyLCDR]

If you are not a resident of NC then you cannot purchase any gun from a private party. You may purchase a long gun from a dealer, if he does it in accordance with NY state laws.

He is a resident of North Carolina for 5 months out of the year. Private party purchases of rifles (and handguns, with the North Carolina purchase permit) are legal for him during those 5 months out of the year.

I like to ask I own a home in N.C. were I snow bird for 5 month out of the year.
I like to ask can I legal purchase a firearm (long Rifle) from a private party and bring it back into N.Y.S. when I return to my primary resident.
I would do a bill of sale also copy both seller and buyers driver Lic:

Rifle: yes, if purchased during the months you reside in North Carolina. Handgun: you would have to obtain the New York permit for the pistol before bringing it into New York.

If you have a New York driver's license, it would be best NOT to do a bill of sale that showed a copy North Carolina driver's license for the seller and a New York driver's license for the buyer. That could cause major legal problems as it would APPEAR to be an illegal sale between two residents of different states without an FFL involved.

 

[medalguy]

Obtain a North Carolina Identification Card issued by the state (cost $10) and use that to show proof of residence while you are residing in North Carolina. Then you can do a BOS or whatever paperwork your seller desires.

 

[Jim K]

I thought NY had a registration law on some long guns, specifically on "assault rifles", treating them like handguns.

Jim

 

[Bubba613]

He is a resident of North Carolina for 5 months out of the year. Private party purchases of rifles (and handguns, with the North Carolina purchase permit) are legal for him during those 5 months out of the year.

There is no way to tell if he is a resident any of the time. Merely residing in some place doesn't make you a resident. He might be. He might not be.

 

[NavyLCDR]

There is no way to tell if he is a resident any of the time. Merely residing in some place doesn't make you a resident. He might be. He might not be.

According to Federal firearms regulations, merely residing in some place does make you a resident for the purposes of firearms transactions (specific to the OP's situation, see example 2):

27 CFR 478.11:
http://www.law.cornell.edu/cfr/text/27/478.11

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition

Example 1.
A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.
A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Where do you see additional requirement in the Federal definition other than presence in a state with the intention of making a home there, even if that home is only on weekends or for a few months out of the year? I don't.

 

[lonewolf5347]

I spoke with the attorney general office about that issue ans she stated after 30 days you are considered a state resident.and buying a long gun will be no problem.Now on the other hand a pistol is out of the question and it can be done but a FFL to FFl will be required.
I did have a problem about 2 years ago on buying a rifle reviver from N.J. shipped to my Local FFL for transfer to me .I did fill out the FFL forum but used my N.Y.S. Driver license ,that did knock it out of the system the window was shut down NO SALE.The next following week again went thew the FFL 4473 But did use my Property tax bill showing I did have a home there :Then I had no problems.I did one year buy a long Rifle from Bass Pro shop using my N.Y.S.
I also have a HR218 I.D. only because being a retired law enforcement and my I.D. card
Now after all it said and done when I return home in may with a new rifle I like to ask I hope I am not breaking any state laws going across state lines wit the new rifle??

 

[Ehtereon11B]

I thought NY had a registration law on some long guns, specifically on "assault rifles", treating them like handguns.

Technically no. The STATE of NY does not require registration or permit of long guns or shotguns. However the CITY requires all firearms, regardless of type be registered with the city police.

All rifles and shotguns owned by a permit holder must be registered with the Police Department. There is no charge for registering firearms. The registration of a rifle or shotgun can be accomplished by filling out the registration form, PD 641-121, and mailing the two top copies (Green) to: License Division, Rifle and Shotgun Section, Room B11, 120-55 Queens Blvd., Kew Gardens, N.Y. 11424.

http://www.nyc.gov/html/nypd/html/permits/rifle_licensing_information.shtml

 

[NavyLCDR]

I spoke with the attorney general office about that issue ans she stated after 30 days you are considered a state resident.and buying a long gun will be no problem.Now on the other hand a pistol is out of the question and it can be done but a FFL to FFl will be required.
Now after all it said and done when I return home in may with a new rifle I like to ask I hope I am not breaking any state laws going across state lines wit the new rifle??

Here's the deal, lonewolf. Let's say that I live in a house in NC. You show up next door with a moving truck from New York and start moving furniture in. It's pretty dang obvious to even the casual observer that you are present there with the intention of making a home there. That very same day, I could sell a rifle or shotgun to you. In most states, I could also sell a handgun to you on the day you arrive. No laws broken. In NC you would have to have the proper NC permit for me to sell you a handgun.

In 5 months, you would be perfectly legal to take any firearm back with you to New York state, but a handgun would need the New York state permit first.

 

[lonewolf5347]

yep in N.Y.S. you need a purchase document before buying a pistol
I am retired and do have a CCP

 

[brickeyee]

I spoke with the attorney general office about that issue ans she stated after 30 days you are considered a state resident...

State residency laws do not override or alter the federal laws for gun purchasing.

If you move into the state with the intent of making a home you are a resident for federal gun laws.

The state law does not alter this.

AG advice is not binding on anyone for anything.

 

[medalguy]

"...after 30 days you are considered a state resident"-- a resident for what purpose? Voting? In-state tuition for college? Buying auto tags? That doesn't really mean anything. Federal law is the overiding law here.

"Merely residing in some place doesn't make you a resident" That doesn't make sense at all.

 

[brickeyee]

"Merely residing in some place doesn't make you a resident"

The fed law for gun purchasing requires intent to make a home.

Being on vacation is not residing, no intention to 'make a home.'

 

[Ehtereon11B]

The federal law for residency doesn't have a home requirement. I bought most of my firearms while I was attending college in Vermont. College/University meets state and federal residency requirements for firearm purchases.

Long term vacation is a grey area. Having a physical place to receive mail with a State ID with said address will satisfy federal and state requirements for a 4473 regardless of how long you spend there. And by extension work for Bill of Sale. Just make sure the long gun from NC is registered if you live in NYC.

 

[Frank Ettin]

The federal law for residency doesn't have a home requirement. I bought most of my firearms while I was attending college in Vermont. College/University meets state and federal residency requirements for firearm purchases....

Where you are living while attending college is your home during that time.