Selling handgun while out of home state

[gmaxim]

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?

 

[Midwest]

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.
.

 

[gmaxim]

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?

 

[Midwest]

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?

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).
.

 

[Frank Ettin]

...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. ...

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 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?...

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:

  18 U.S.C. 922. Unlawful acts
  
  (a) It shall be unlawful—
  ...
  
  (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
  
  

  (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
  
  (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
  
  (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

  
  ...
  
  (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
  
  

  (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
  
  (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

  
  ....
  
  (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
  ...
  
  (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
  
  

  (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
  
  (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

  
  ...

 

[Hawaiian]

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.