Guys,

I have buddy who lives in NY and he's looking to buy an AR. I'm not that familar so I have to ask, but are FTF transfers legal in NY or do all transfer have to be done through a dealer?

Thanks

FTF is legal between non-prohibited people who are both residents of New York.

If he's looking to buy from you (I see you're in NH), then take it to a dealer on either end. (He can buy long guns out of state; only federal laws apply in this instance.)

What is the status and relevance of New York's contiguous states law?

Do not take this advice before confirming this:

A dealer I recently saw said it is legal (he called his friend up who is an ATF Special Agent) to do a FTF transaction so long as the gun is compliant with the state laws and only if it is a long gun. If the firearm is a pistol it must be transfered through a dealer. I thought all firearm transactions across state lines need to be done through a dealer but he told me otherwise.

His example (to the best of my memory):

I can go to PA to buy a shotgun from a private party and exchange the money with the individual (not a dealer) and proceed to my home state.

you can purchase long guns from contiguous states, that is states that border new york. handguns and anything that falls under "other" on the nics check has to go through a dealer.

Unless something has changed recently, this is not good info, I do not believe that this would violate any State laws, but I do believe, and have been informed by the best authority that I know to contact, that it would be a violation of federal law.

TITLE 18 > PART I > CHAPTER 44 > § 922

§ 922. Unlawful acts
(a)(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (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 firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter

(b)(3) any firearm to any person who the licensee 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 licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Thanks guys!

None.







 

The ATF SA who stated that is a moron. FTF transfers of handguns, "other firearms" and long guns between unlicensed persons are only legal if both parties to the transfer are legal residents of the same state AND the transfer must comply with laws of the state where the transaction is taking place.



There is an exemption in federal law that allows an executor of an estate to transfer firearms interstate at the bequest of a will as long as the transfer complies with laws of all states involved in the transaction. Obviously if you are the executor of an estate you should be consulting with attorneys in all states involved who can provide legal advice with interstate transfers of firearms.