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11/22/2017 10:05:29 PM
Posted: 8/21/2004 3:43:44 AM EST
Guys, question.
I have a preban Oly A2 in good shape the I just rebuilt last year. The lower is circa 1990 production. I have read on the site here and there about guys I believe in states like NY that can have an AR if it is a pre ban? I really have no clue what I'm talking about here and would really like some help on this issue. NY guys, I just use NY as an example, I really have no idea what the laws are.

The reason I ask is because if the ban goes bye bye like it looks it is going too, I wouldn't mind helping out a brother with a pre ban. I won't have any sensible reason to keep it anymore as I have other AR's. Anybody know? Anybody know how the transfer is handled? Thanks.
Link Posted: 8/21/2004 4:03:30 AM EST
[Last Edit: 8/21/2004 4:04:33 AM EST by mongo001]
A few notes of info to help out:

Note 1: All rifle transactions (in this case) must be handled through an FFL.

Note 2: An FFL receiving a rifle must send a copy of their FFL to the seller and this paperwork must accompany the rifle during shipment.

Note 3: Somewhere in this transaction, the FFL has to get a copy of the buyers driver's license, but I can't remember exactly when that info exchange happens (before shipment, with shipment?? - I've done a few, but can't remember when I sent the DL info)



While there may be some logistical details that complicate the issue a little, it seems you would simply do this:

You sell your rifle (lower) to the NY person - their FFL sends you their FFL paperwork and you ship the rifle (lower) to their FFL.

They sell you their rifle (lower) - your FFL sends them their FFL paperwork and they ship their rifle (lower) to your FFL.

I say "rifle (lower)" because most grandfather clauses state that the rifle was supposed to be assembled before the ban took place. Just swapping lowers would technically be illegal, but proving that may be difficult.
Link Posted: 8/21/2004 4:21:40 AM EST
[Last Edit: 8/21/2004 4:27:45 AM EST by Iceshark03]
Deleted because I had a brain fart.
Link Posted: 8/21/2004 4:33:53 AM EST

Originally Posted By mongo001:
A few notes of info to help out:

Note 1: All rifle transactions (in this case) must be handled through an FFL.

Note 2: An FFL receiving a rifle must send a copy of their FFL to the seller and this paperwork must accompany the rifle during shipment.

Note 3: Somewhere in this transaction, the FFL has to get a copy of the buyers driver's license, but I can't remember exactly when that info exchange happens (before shipment, with shipment?? - I've done a few, but can't remember when I sent the DL info)



While there may be some logistical details that complicate the issue a little, it seems you would simply do this:

You sell your rifle (lower) to the NY person - their FFL sends you their FFL paperwork and you ship the rifle (lower) to their FFL.

They sell you their rifle (lower) - your FFL sends them their FFL paperwork and they ship their rifle (lower) to your FFL.

I say "rifle (lower)" because most grandfather clauses state that the rifle was supposed to be assembled before the ban took place. Just swapping lowers would technically be illegal, but proving that may be difficult.



Mongo is correct....HOWEVER:

Most FFL's are reluctant to send a copy of their FFL to a non-FFL. Most prefer to do the transaction FFL-to-FFL. It's not right, but, it is the way it is........
Link Posted: 8/21/2004 5:28:44 AM EST
I'm not sure exactly what NY state law is so take this with a grain of salt:

An FFL can recieve a firearm from a non FFL without giving them a copy of their license, a reciept will do. The individual sending out their firearm can not use USPS and needs to provide at least his name and address or he may get his gun back.

Link Posted: 8/21/2004 5:37:27 AM EST

Originally Posted By ian187:
I'm not sure exactly what NY state law is so take this with a grain of salt:

An FFL can recieve a firearm from a non FFL without giving them a copy of their license, a reciept will do. The individual sending out their firearm can not use USPS and needs to provide at least his name and address or he may get his gun back.




Close. A non FFL holder may ship a long gun by USPS to a licensed dealer, just not a handgun.



Lonny
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