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9/19/2017 7:27:10 PM
Posted: 1/23/2006 7:22:05 AM EDT
A relative of mine living in NY has to go into a nursing home, he has a NYS pistol permit and wants to transfer his firearms to me. I own property in both New York and Florida and have a NY DL and a Florida ID card and concealed carry, I live most of the year in FL (99%). Would it be legal for a relative to drive him, with the handguns, to Pennsylvania, which does not require a pistol permit, have him give them to me (we would both be NYS residents, but be out of NYS at the time of the transfer), and then drive to Florida.

How does dual residence work in a case like this work?
Link Posted: 1/23/2006 7:34:15 AM EDT
[Last Edit: 1/23/2006 7:38:39 AM EDT by GunnyG]
He (the NYS permit holder) will still have to do an license amendment to dispose of the pistol(s). I'd recommend that you find a NY local FFL to do a transfer to a dealer in FL. It's a PITA, but I'd hate to make him or the executor of his estate explain the disappearance of the pistol(s) to the judge who issued his license.

If the family is in the Orange County area, I can recommend a good FFL to do this with.
Link Posted: 1/23/2006 8:31:22 AM EDT
1. Under Federal law a handgun can only be transferred by a FFL either in your state of residence or between residents of the same state (providing state law permits private transfers). You cannot transfer a handgun in a state that you are not a legal resident of.

2 NYS permits private transfers of handguns but only when both parties to the transaction have a valid NYS pistol license. Since you don't have a NYS pistol license this option is not available to you.

You or your relative needs to contact the NY county agency that issued his license to find out what documentation they require to remove the pistols and cancel his license. They will likely require that the pistols be shipped from a NY FFL who also has a NY handgun dealers license to an FFL in FL for transfer to you.

If he is not in the OC area make a post in the NY forum asking for a FFL recommendation to do the shipping/transfer for him.
Link Posted: 1/23/2006 9:04:15 AM EDT
I don’t see anyplace on the ATF site that prohibits a transfer between two individual that live the same state from meeting another state to conduct a private transfer – not a sale. These would be a gift, no money would be involved in the transaction.

It says:

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
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]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]
A person may only buy a firearm within the person's own state, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state, provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]
Link Posted: 1/23/2006 9:06:36 AM EDT
The issue isn't (ATF) federal law, the problem is NYS law.

He would still be in the state to prosecute, should they be so inclined.
Link Posted: 1/23/2006 9:26:56 AM EDT
[Last Edit: 1/23/2006 9:27:48 AM EDT by p712k]
Gotcha, that is why I was confused. You gotta love NYS, I have no doubt they would drag a 88 year old man out of a nursing home for the heinous crime of smuggling a gun OUT of New York, do they wonder why everyone is leaving for greener pastures….
Link Posted: 1/23/2006 10:07:22 AM EDT
A "transfer" takes place when you sell, trade, give etc. a firearm to someone else. A transfer does not require that any money be paid or received. A private transfer must take place within your state of residence. You cannot travel to another state and legally transfer a firearm in a private transaction except under limited circumstances which do not apply here.

In addition to violating federal law your transfer would also be illegal under PA law. PA allows the private transfer of handguns only between spouses or between a parent/grandparent and child/grandchild. In addition neither of you are PA residents.

NY does not restrict the "export" of handguns. Your relative could personally transport his handguns to a FFL in FL who could then transfer them to you.

In any case you need to find out what documentation your relatives county pistol licensing agency requires to remove the handguns from his license.

NY handgun possession/licensing/registration laws suck and have since the early 1900's.
Link Posted: 1/24/2006 8:07:11 PM EDT
[Last Edit: 1/24/2006 8:07:54 PM EDT by Smoki69696]
Sell it to me.hahahahahahaha
It also matters what county you live in don’t forget that. Ny allows each county to set rules regarding transfers ect. I live in Cayuga county about 20 minute from Syracuse and we have to have a green purchase coupon to give to the seller or what not. If you don’t get one of these from the person you sell trade or transfer the gun to than you’re done. If im not mistaken Onondaga county is the same. Contact the county clerk in the county he lives in and ask them.
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