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Selling handgun while out of home state

Discussion in 'Legal' started by gmaxim, Nov 11, 2014.

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  1. gmaxim

    gmaxim Member

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    Nov 11, 2014
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    My home state is Florida but I made a deal to sell one of my pistols while I am spending time in Buffalo, NY. I have the gun with me and I want to ship it to the buyers who is in another state. Can I walk in to a NY state LGS to send the gun through them with my Florida drivers license?
     
  2. Midwest

    Midwest Member

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    NO

    I strongly suggest do not enter New York State with a pistol unless you have a Pistol Permit from New York State and it is listed on the endorsement on the permit. Ship it to a New York State FFL instead.


    New York State is the worst when it comes to handguns.
    .
     
  3. gmaxim

    gmaxim Member

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    Thanks for the reply. Let's say the state I am visiting is Ohio instead of New York. Anything standing in the way of shipping a gun from an FFL in that state?
     
  4. Midwest

    Midwest Member

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    Bringing a handgun to a FFL (from another state) is fine in most states. Ohio should not be a problem.

    Just New York State it is an issue (and maybe NJ too).
    .
     
  5. Frank Ettin

    Frank Ettin Moderator Staff Member

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    Let's be clear. It is a very serous violation of New York state law (a felony) to be in possession of a handgun in New York State without a valid, New York permit. And permits are not issued to non-residents.

    Let's be clear here as well. Under federal law, pretty much any transfer of a handgun from a resident of one State to a resident of another must be done by an FFL in the transferee's State of residence. If you are selling a gun to a resident of another State, you (or an FFL on your behalf) must ship the gun to a cooperating FFL in the transferee's State of residence; and that FFL will do the actual transfer with all the usual folderol. Whether an FFL wherever you are will do the shipping for you, and at what price, is up to the FFL.

    You of course need to be sure that you are lawfully in possession of the gun wherever you are. It that's anywhere buy home, you might have issues in a number of States, including New York, New Jersey and Massachusetts.

    Here (for the umpteenth time) is the whole federal law story on interstate firearms transfer (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

    • Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

    • In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

    • In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

    • There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

    • The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

    • Here's what the statutes say:
     
  6. Hawaiian

    Hawaiian Member

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    Here in the Northwest, as a non FFL, I can legally drive from Oregon up to Washington with my handgun and meet the WA buyer at a WA FFL to complete the transfer. I do not need to ship it to the WA FFL, I can transport it myself. Granted, you could not do this in NY.
     
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