NY gun sale/transfer out of state

NY gun sale/transfer out of state

This is a discussion on NY gun sale/transfer out of state within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was wondering if anyone could give me some info about the laws regarding the transfer/sale of guns registered in NY, to buyers outside of ...

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  1. #1
    Member Array schwaa's Avatar
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    NY gun sale/transfer out of state

    I was wondering if anyone could give me some info about the laws regarding the transfer/sale of guns registered in NY, to buyers outside of NY state. I have a family friend, who lives on long island, who is giving my father a S&W .38 snubbie (not sure what model). Florida does not register or restrict private sales, but NY is a totally different ball game. The family friend is retired from Suffolk PD and is more concerned about how to get the firearm unregistered from his name. My father told him to "just mail it down and dont worry about it". Any help is great.


  2. #2
    Member Array fatcat's Avatar
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    From what I know sale to a private buyer from NY to another state is not a problem. The NY owner just has to go to his/her local pistol issuing department and have it removed from their license. NY may keep a record of where and to whom it was sold, I'm not sure on that, but as long as it gets taken off the NY permit I think it is fine.

  3. #3
    Distinguished Member Array JerryM's Avatar
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    "just mail it down and dont worry about it"

    Especially if you want jail time for him.

    Regards,
    Jerry

  4. #4
    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by JerryM View Post
    "just mail it down and dont worry about it"

    Especially if you want jail time for him.

    Regards,
    Jerry

    Yup, I agree.

    Go to your local FFL and have it shipped to an FFL on the receiever's end. Then the receiver will fill out a 4473 on the gun. That creates a "paper trail" so to speak. The receiever's FFL will have to provide your FFL with a copy of their FFL License.

    I think after giving it to your local FFL it would be easy to get it removed from your permit, but I don't know for sure.

    Biker

  5. #5
    Member Array KSCarry's Avatar
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    Quote Originally Posted by BikerRN View Post
    Yup, I agree.

    Go to your local FFL and have it shipped to an FFL on the receiever's end. Then the receiver will fill out a 4473 on the gun. That creates a "paper trail" so to speak. The receiever's FFL will have to provide your FFL with a copy of their FFL License.

    I think after giving it to your local FFL it would be easy to get it removed from your permit, but I don't know for sure.

    Biker
    More work? Absolutely.

    In the end...totally worth the hassle.

  6. #6
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    Quote Originally Posted by KSCarry View Post
    More work? Absolutely.

    In the end...totally worth the hassle.
    It is especially worth the hassle since doing it any other way is a federal crime.

    27 C.F.R. (Code of Federal Regulation)
    § 478.29 Out-of-State acquisition of firearms by nonlicensees.
    No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

    (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 rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of §478.96(c) and

    (c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§478.30 and 478.97.

    [T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]

    § 478.30 Out-of-State disposition of firearms by nonlicensees.
    No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, 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: Provided, That the provisions of this section:

    (a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any 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) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

    [T.D. ATF–313, 56 FR 32508, July 17, 1991; 57 FR 1205, Jan. 10, 1992]
    George

    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

  7. #7
    Member Array fireman836's Avatar
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    IIRC the only FFL dealer needed is in the state of the receiver. The sender must send the firearm to the FFL in the receivers state who then transfers it to the new owner.
    I carry a bible and a gun. Your Point?

    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")

  8. #8
    Member Array Chroode's Avatar
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    None of you that answered have a clue. This is Suffolk County that they are talking about. Think of it like west Berlin before the wall came down.

    Tell your retired LEO friend to go to the Suffolk County Police Pistol License Section and get specific instructions from them regarding the transfer.

  9. #9
    Member Array fatcat's Avatar
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    Quote Originally Posted by Chroode View Post
    None of you that answered have a clue. This is Suffolk County that they are talking about. Think of it like west Berlin before the wall came down.

    Tell your retired LEO friend to go to the Suffolk County Police Pistol License Section and get specific instructions from them regarding the transfer.
    Yeah the counties do vary a lot. But I think that is mostly for issuance of permits. The state laws for sale exist in all counties. I've not seen anything that says the counties control that in a different way.

    Buying is a different story, as in NY you need a voucher from your permit issuing department to buy a pistol. But selling is a different story.

    The safe thing to do is call your local FFL and ask, or as you said go to your local clerk and ask the procedure to be sure. But I think a private person can ship it to an FFL.

  10. #10
    Member Array KSCarry's Avatar
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    Quote Originally Posted by KSCarry View Post
    More work? Absolutely.

    In the end...totally worth the hassle.
    When I made this statement, I meant it is much easier than trying to mail your own gun via private carrier to an FFL Dealer. Mailing to an FFL is a given, but I've found that using the FFL Dealer on my end and having them mail to another FFL on the the other end is the way to go. I am sure there are folks at the private carriers that know what they are doing, but all the folks I've worked with freak out whenever a gun is involved and then end up doing and redoing the paperwork. When all is said and done, it cost me 45 minutes and more $ than if I had just paid my FFL the transfer fee and his costs for USPS shipping.

  11. #11
    Senior Member Array Freedomofchoice's Avatar
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    I moved from NYC to Florida (thank God!!). When I called NYPD they told me to go to a firearms (FFL) dealer, and have them ship any arms to an FFL in the receiving state, even though they were my own firearms. Additionally, I had to send NYPD a letter stating that the firearms were no longer in NY.
    .

    Too light for heavy work, too heavy for light work!

    pb

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