FFL transfer legality question...

[gbelleh]

I have a pistol I might sell to a buddy of mine who lives just across the state line. The FFL dealer he would use for the transfer in his state is about a 20 minute drive from my house.

Is it legal for me to just drive the gun across the state line and give it to the dealer to do the transfer?

I've only done transfer deals by mail, so I want to verify the legality of this.

Thanks.

 

[SIOP]

Yes, perfectly legal. Standby for the rest of the experts to chime in telling you it's not legal, though.

 

[Car Knocker]

It's legal.

 

[Graystar]

If the FFL is in New York, you will be arrested and sent to jail for violating New York law. Federal law allows such a transfer, but you must check state law as well.

I notice that people here seem to forget that there are at least two sets of laws that must be complied with (sometimes three.)

 

[gbelleh]

Thanks.

The transfer would be from Ohio to Indiana.

 

[Graystar]

Indiana seems to be okay. Call and ask the FFL you plan to visit just to double check. Remember, even if it's legal, some FFLs will refuse certain types of transfers.

 

[Lupinus]

legal so long as you go through the ffl

 

[wdlsguy]

I also vote for legal.

Q: To whom may an unlicensed person transfer firearms under the GCA?

A: A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. A firearm other than a curio or relic may not be transferred interstate to a licensed collector. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

http://www.atf.gov/firearms/faq/faq2.htm#b

 

[Car Knocker]

If the FFL is in New York, you will be arrested and sent to jail for violating New York law. Federal law allows such a transfer, but you must check state law as well.

For my edification, could you give me a brief summary of this NY State law?

 

[Graystar]

For my edification, could you give me a brief summary of this NY State law?

In New York State, mere possession of a firearm is against the law.

New York State Consolidated Laws
Penal
Article 265
FIREARMS AND OTHER DANGEROUS WEAPONS

S 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or "Kung Fu star"; or
...

From this prohibition arises several regulatory requirements placed on firearms dealers. These are found in the NYCRR (New York Code of Rules and Regulations), which, unfortunately, is not found online (you can buy a copy for 3000 bucks.) New York State firearms dealers are required to call the police immediately if a person, without a handgun license, shows up with a handgun. They’re supposed to make a good effort to stall the person long enough for the police to arrive.

The NYCRR doesn’t even allow NYS dealers to receive a firearm in the mail from someone who isn’t an FFL. If a non-licensee were to ship a handgun to a NY dealer, that dealer is required to turn that gun over to the police.

 

[Car Knocker]

Interesting. Thanks!

 

[perpster]

A NY lawyer familiar with NY gun laws told me that non-NY private seller can ship directly to NY FFL; don't need FFL to FFL.

 

[Graystar]

A NY lawyer familiar with NY gun laws told me that non-NY private seller can ship directly to NY FFL; don't need FFL to FFL.

I wouldn’t recommend hiring him for your legal needs.

NY dealers are required to record the authority under which all received handguns were previously possessed. The only out-of-state sources that NYS recognizes as having authority to possess firearms are FFLs and state authorities. NYS does NOT recognize the authority of private citizens to possess firearms.

If an FFL received a handgun from a private citizen from outside the state, he would have nothing to record as to the authority under which the handgun was previously possessed. As such, the handgun is considered contraband and must be turned over to the state police. If he doesn’t turn it over, he will have a very serious matter to deal with when his log book is reviewed by the state.

When I was preparing to moved back to NY from Idaho, I called several FFLs, looking for one that would receive my guns directly from me. None would. I didn't understand why until I learned about NYS record-keeping requirements.

 

[jer1949]

After reading these posts regarding NY gun laws, I don't want to hear anyone else bad mouf California....

 

[idaho_brian]

When I was preparing to moved back to NY from Idaho.

One question-WHY????

Somewhat tongue in cheek-pls don't be offended

I went the other way 12 years ago, if I never go East of Montana again I can die happy. Firearms laws in the top few reasons, with Shrillary and Schumer as Senators, I'm glad I got out when I did.

Bri

 

[Graystar]

One question-WHY????

That quiet Mormon life just wasn't for me!

 

[ScottS]

NYS does NOT recognize the authority of private citizens to possess firearms.

Isn't this just an amazing concept? And my FIL just couldn't understand why I'd never move to NY.