Denied at walmart

[D.Rail11]

Hey ya'll.
I just went into walmart to buy a cheap .22 to do some target shooting on my days off while I am up in glens falls NY working. I am a Florida resident so I was denied at the counter because NY doesn't allow FL residents to buy long guns. What the heck?:banghead: So I guess I have to go get a NY license since I live here for six months a year and in Florida for the other six months. Can I go to VT and buy my .22 and bring it back to NY? They should change the name to Nanny York.

 

[cor_man257]

They lied to you.

You don't have to register a long gun, or anything else. You dont even need to show ID to buy a long gun. This walmart employee lied to you, or its a silly walmart rule.

This is pretty much pure <deleted>

EDIT: The only reason they probably checked your ID was to make sure your above 18. But your state of residence should have absolutely nothing to do with it. And checking your ID is a Walmart thing.

 

[Sam1911]

Here's the NRA's guide to NY State gun laws: http://www.nraila.org/statelawpdfs/NYSL.pdf

I don't see any prohibition against selling to out-of-staters.

The counter folks at WM probably didn't really know the law, or didn't want to bother to check into what it would take to fulfil the requirements to legally sell to a resident of your state. That's their right -- they may refuse to make a sale to anyone. This sort of thing is pretty common.

You could try a real gun shop as they might know the law better and might be willing to make the sale.

 

[MtnCreek]

They lied to you.

You don't have to register a long gun, or anything else. You dont even need to show ID to buy a long gun. This walmart employee lied to you, or its a silly walmart rule.

This is pretty much pure <deleted>.

EDIT: The only reason they probably checked your ID was to make sure your above 18. But your state of residence should have absolutely nothing to do with it. And checking your ID is a Walmart thing.

Maybe NY won't let a out of stater purchase a long gun, I don't know. A licensed dealer must check your ID prior to purchase. They also make a photo copy of it and attach it to the 4473.

 

[Midwest]

Is NY just a contiguous only state for long guns? Where if you are from a nearby border state you can buy in NY but beyond that...you can't?

 

[Bubbles]

They also make a photo copy of it and attach it to the 4473.

Maybe your FFL does, but we don't. Legally all that we need to do is write the number and expiration date on the 4473.

 

[jimmyraythomason]

They also make a photo copy of it and attach it to the 4473.

I've never had this happen but it wouldn't surprise me any. Maybe a New York thing?

 

[Midwest]

http://law.onecle.com/new-york/penal/PEN0265.40_265.40.html


§ 265.40 Purchase of rifles and/or shotguns in contiguous states.
Definitions. As used in this act:
1. "Contiguous state" shall mean any state having any portion of its
border in common with a portion of the border of the state of New York;
2. All other terms herein shall be given the meaning prescribed in
Public Law 90-618 known as the "Gun Control Act of l968" (18 U.S.C.
921).
It shall be lawful for a person or persons residing in this state, to
purchase or otherwise obtain a rifle and/or shotgun in a contiguous
state, and to receive or transport such rifle and/or shotgun into this
state; provided, however, such person is otherwise eligible to possess a
rifle and/or shotgun under the laws of this state.

 

[Navy_Guns]

Apparently, you can't buy ammo in Illinois unless you live there and have a FOID or live in an adjacent state. I wanted .22LR and got turned away because I live in Virginia!

 

[Sam1911]

It shall be lawful for a person or persons residing in this state, to
purchase or otherwise obtain a rifle and/or shotgun in a contiguous
state, and to receive or transport such rifle and/or shotgun into this
state; provided, however, such person is otherwise eligible to possess a
rifle and/or shotgun under the laws of this state.

Yup. Now notice that it doesn't say, "It shall be unlawful for a person or persons ... to purchase or otherwise obtain a rifle and/or shotgun in a non-contiguous state!

As is pointed out lots of places, defining what is lawful, and defining what is UN-lawful are two different things, so that law doesn't actually make anything illegal. Can't press charges based on a law that doesn't define an illegal act.

That which is not specifically illegal is assumed to be lawful, under our system of laws.

(And, of course, neither has anything to do with what someone from a DIFFERENT state may do anyway!)

 

[Midwest]

This is from the ATF , it seems some states still insist on the contiguous rule. I guess NYS is one of them....

http://www.atf.gov/firearms/industry/tip-of-the-month-2010.html


"A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such “contiguous state” State laws as prohibiting sales to residents of noncontiguous states. "

 

[Sam1911]

Read that again. I believe what they're saying is that NYS set out to make sure it was known that a NYS resident COULD buy a rifle or long gun from a dealer in a contiguous state -- when it was against federal law to buy such from a dealer in a NON-contiguous state.

This has caused confusion among FFLs, who often read such “contiguous state” State laws as prohibiting sales to residents of noncontiguous states.

Now that the federal law against it is gone, the state law, which reinforced the right of the state resident to buy in states next door, has lost its context and makes no clear sense.

The dealers are then "confus[ed]" and mistakenly assume that the orphaned clause is "prohibiting sales to residents of noncontiguous states," or, in this case, of NYS residents to buy in non-contiguous states. Neither of which is actually illegal by any text of the legislation.

 

[whalerman]

Wal Mart has a hodge podge of confused policies regarding both firearms and ammo purchases. Some stores have even taken it upon themselves to demand handgun permits for ammunition that can be fired through long guns, as they are confused about that too. A manager explained it to me that if the register demands a pistol permit they can't override the register. How stupid. But that's what Walmart has become. The solution is DO NOT BUY ANYTHING SPORTING GOODS RELATED AT WALMART. It is all we can do.

 

[dogtown tom]

cor_man257 ....You dont even need to show ID to buy a long gun...

Wrong.
Federal law REQUIRES that a buyer show a "valid government-issued photo identification" on every firearms purchase from a dealer.....says so right on pg 2 of the 4473.

 

[cor_man257]

Then some of the LGS around here aren't doing so.

 

[Birch Knoll]

Then some of the LGS around here aren't doing so.

You must be mistaken about that. There is no way that an FFL is going to sell any firearm without obtaining identification, unless they're looking for an all-expenses-paid stay at a Federal institution.

 

[D.Rail11]

They had a map in the gun case that showed the USA with like four or five states in red and florida was on of them. I have a good gun shop about an hour away that I trust I will call there and see whats up.

 

[CapnMac]

Federal law REQUIRES that a buyer show a "valid government-issued photo identification" on every firearms purchase from a dealer.....says so right on pg 2 of the 4473

Dogtown, am I remembering the old 4473 that had a dealer-entered "how known to me" checkbox list?

I want to remember jawing with my then long-time FFL about how "personal friend" seemed like a lonely box to check off--but, he knew me well enough to fill in most of my info without looking it up. Ah, the 'good old days' . . .

 

[NavyLCDR]

This is from the ATF , it seems some states still insist on the contiguous rule. I guess NYS is one of them....

http://www.atf.gov/firearms/industry...onth-2010.html


"A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such “contiguous state” State laws as prohibiting sales to residents of noncontiguous states. "

Midwest,

You stopped reading that link too early. Read the rest of that section and you will find:

"ATF does not read State laws that refer to “contiguous states” as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State’s law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states."

New York state law prohibits nothing.

 

[Jason Porter]

You guys are so lucky. Being a California resident, I'm not legally allowed to buy a firearm in any other state but California. And if we don't get our shizzle together out here, we won't be able to do that soon. BTW, our waiting period is 10 days

 

[rule303]

Florida uses a state point of contact, instead of the FBI NICS system. Any time a dealer calls in a NICS check for a Florida resident, it will be denied. It has nothing to do with the buyer being prohibited, it's just the way Florida law handles firearm background checks.

 

[NavyLCDR]

Florida uses a state point of contact, instead of the FBI NICS system. Any time a dealer calls in a NICS check for a Florida resident, it will be denied. It has nothing to do with the buyer being prohibited, it's just the way Florida law handles firearm background checks.

That makes sense, and is probably the real answer.

 

[AirForceShooter]

Deleted as probably illegal

AFS

 

[ChileRelleno]

Apparently, you can't buy ammo in Illinois unless you live there and have a FOID or live in an adjacent state. I wanted .22LR and got turned away because I live in Virginia!

Strange, I'm from Alabama, I buy ammo when visiting my Mother in Illinois.
No FOID, just claim Out of State and show my ID to prove it.
I've bought handgun, shotgun & rifle ammo.

 

[langenc]

I dont know what the law is but WMs gun cases have a outline of the US. On each state it is noted weather the residents can buy a gun at that WM location. I have noticed this in more than one state.

Yesterday I noticed that my local WM now has bullets. powder, brass and dies. I also recieved a WM sale flier with guns on the front 2 pages.