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Posted: 2/16/2012 7:37:48 AM EDT
I am going to Florida tomorrow for a few days and it wouldn't be unlike me to find a lower or rifle while there. My question is : if I purchase a lower or long gun while there, can I box it up and ship it to my home in NY State? I do understand that it must comply with state AWB laws and the such, just want to know the short story on if that is legal.

Thanks for any input the more knowledgable have on the topic. I looked through the forum and maybe because the phrasing was so long, I couldn't find a clear answer.

Thanks again!
Link Posted: 2/16/2012 8:00:49 AM EDT
I'm fairly sure you can't do that. I believe you'd be able to purchase it there, then have it sent to your local FFL in NY.
Link Posted: 2/16/2012 8:59:55 AM EDT
[Last Edit: 2/16/2012 9:00:48 AM EDT by Phil_A_Steen]
I've bought many long guns in Florida and shipped back. Perfectly legal to buy the gun, then hop over to UPS or Fedex and send to yourself in New York.

Not all Florida dealers are willing to sell to you though, even though it is legal. If so, bring the FFL for your local guy and do a transfer.

I scored a preban Bushmaster complete rifle for 800 bucks last time at the Ft. Lauderdale gun show.
Link Posted: 2/16/2012 9:00:06 AM EDT
Yes you can. As long as you own it, you can ship it to yourself.
Link Posted: 2/16/2012 9:22:38 AM EDT
why couldn't you just fly back with it?
Link Posted: 2/16/2012 9:23:41 AM EDT
Assuming you are at least 21 years old a lower receiver can only be transferred to you in your state of residence. If you purchase it in FL the FFL will have to ship it to a NY FFL for transfer to you.
Link Posted: 2/16/2012 10:00:59 AM EDT
[Last Edit: 2/16/2012 10:02:08 AM EDT by kzaker]
I really don't know about flying with a rifle or lower either. That's kinda why I am asking. . Just trying to figure out what to do if I find something I want to buy. I am over 21 and have a NYS CCW.
Link Posted: 2/16/2012 10:34:21 AM EDT

Originally Posted By kzaker:

I am over 21 and have a NYS CCW.


Unless you're a FL resident you can't have a lower receiver transferred directly to you in FL. Federal law only permits non-residents to transfer rifles/shotguns from an out-of-state FFL. Handguns, receivers and PG (no stock) shotguns can only be transferred to you by an FFL in the state you are a legal resident of.
Link Posted: 2/16/2012 10:35:11 AM EDT
[Last Edit: 2/16/2012 10:39:14 AM EDT by fp1201]
Originally Posted By rkbar15:
Assuming you are at least 21 years old a lower receiver can only be transferred to you in your state of residence. If you purchase it in FL the FFL will have to ship it to a NY FFL for transfer to you.


IF the stripped lower has a rifle buttstock attached it's now a "Rifle" and may be transferred as such.

Before calling bullshit; consider this: How can a strip of metal the size of a disposable razor blade be a "machinegun"? (lightning link) All it need is a rifle buffer tube and it's now a "Rifle"
Link Posted: 2/16/2012 10:36:02 AM EDT
Originally Posted By rkbar15:
Assuming you are at least 21 years old a lower receiver can only be transferred to you in your state of residence. If you purchase it in FL the FFL will have to ship it to a NY FFL for transfer to you.


ATF:

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Link Posted: 2/16/2012 11:23:38 AM EDT

Originally Posted By fp1201:

IF the stripped lower has a rifle buttstock attached it's now a "Rifle" and may be transferred as such.


You sure about that?


Link Posted: 2/16/2012 11:44:50 AM EDT
Originally Posted By Bill_Wallace:
Originally Posted By rkbar15:
Assuming you are at least 21 years old a lower receiver can only be transferred to you in your state of residence. If you purchase it in FL the FFL will have to ship it to a NY FFL for transfer to you.


ATF:

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


Aah, so this does not apply to lower recievers. Interesting. Bastards.
Link Posted: 2/16/2012 11:50:00 AM EDT
[Last Edit: 2/16/2012 11:52:34 AM EDT by kzaker]
So. I guess I'll check back later. I didn't know that I could not buy a firearm when I am out of state (that in itself is rediculous).
Should not be an issue but I'll see if I have time to review the law if I have time. Flight leaves at 630 tomorrow and I work til 330.
Thanks to everyone who has responded- not that it made it any clearer. Wonder if I call BATF if they will clear it up or give me what I expect: "you can only buy firearms from FFL holders anywhere", like a conspiracy or something. Lol.
To buy at an FFL then ship to an FFL defeats the purpose. There are 4 lowers I was going to look at. Considering that I would have to pay for 4 fees in fla and 4 in ny, I would be down prob another $200 right?
Link Posted: 2/16/2012 11:55:19 AM EDT
This is a great theoretical discussion on what to do if you find a lower, but I will tell you from experience that you will not find a lower.

Really your chance is to find a preban rifle mixed in with used ARs in rifle configuration. I've scored like this a few times.

Suggestion is to check out one of the gun shows this weekend. Ignore all the new guns, and look through the used racks.

The two I see on the calendar for this weekend:

Feb 18-19 Lakeland, Lake Mirror Center, 121 South Lake Ave. Lakeland Curio & Relic Arms Show, 100+ 9' tbls $75, Jack Schubert, 863-858-8777
Feb 18-19 Melbourne, Melbourne Auditorium, http://flgunshows.com/

Bring a list of preban serial numbers for Colts, BMs and others (I keep a copy in my cell phone) and happy hunting.
Link Posted: 2/16/2012 12:09:22 PM EDT

Originally Posted By kzaker:

So. I guess I'll check back later. I didn't know that I could not buy a firearm when I am out of state (that in itself is rediculous).


As a NY resident you can buy a legal length rifle/shotgun in person from a FFL in any state as long as the rifle/shotgun is legal to possess in NY and the state where the FFL is located does not prohibit such rifle/shotgun transfers to non-residents.
Link Posted: 2/16/2012 12:09:58 PM EDT
[Last Edit: 2/16/2012 12:11:51 PM EDT by kzaker]
Not looking for just preban, but an $80 lower is no deal if I add FFL fees.I still need to get it home.
Link Posted: 2/16/2012 12:19:45 PM EDT
yup.

and you can us the post office as well (long guns) priority mail is a great service.
Link Posted: 2/16/2012 12:30:51 PM EDT
[Last Edit: 2/16/2012 12:38:39 PM EDT by kzaker]
So- it looks like this is a two part question then. If I purchase a complete rifle? Or if it is a lower?Or is it different if it is a complete lower v a stripped lower. Lol. Not sure this will ever be resolve to a point where it is clear- either way these stupid laws are infringing on my delicate 2nd Amendment Rights, may have to start typing a frantic letter to a politician who could care less.
Link Posted: 2/17/2012 8:38:23 AM EDT
Originally Posted By RangeWarrior:
why couldn't you just fly back with it?


If I am not mistaken, that is a pretty hefty fee. Something like $75.00 as extra bag and another fee for the content. Don't know for sure, airline website said that I have to call for specifics. Seems easier just to send via UPS.
Link Posted: 2/17/2012 9:10:40 AM EDT
[Last Edit: 2/17/2012 9:21:25 AM EDT by fp1201]
Spending a little more money and effort will open the opportunity to make, or save more money: Now I'm speculating that you're going to the Orlando area and want to head up to Spikes in Apopka to buy a lower. Now they cannot deliver to you a "stripped lower" because it's classified as "Other" and is treated the same as a handgun, and in that instance he must send it to a FFL in NY who will process it the same as any other sale.
IF you bought a "Rifle lower" that has a stock on it (and might as well have the internals too) http://www.spikestactical.com/new/z/spider-bullet-lower-w-standard-kit-no-stock-p-588.html you COULD bring that home....don't want the parts? sell 'em on the EE and make a couple bucks. Go in and talk to Earl and TELL HIM you're a NY arfcommer, and ask them to custom build or laser engrave or color fill your lower, they'll do it, and be sure to get a few Tee shirts too!
As far as scoring a pre-ban: go back down US 441 a mile to "Shoot Straight" gun shop. If you find one and buy it there are a few options for bringing it back: split it in two and pack it inside your suitcase or some other lockable case/box then when you check in tell the Airline Agent you need to declare a firearm, the TSA will insure it's unloaded and properly secured as your baggage is checked. Option two: there are Post Offices everywhere: box it up and mail it to yourself or someone that'll be home, or even have it held at the Post Office for pickup. Option 3: You can set up your own FedEx or UPS accounts that'll allow you to print your own label (Hotels all have computer centers w/ printers) buy a roll of clear packing tape, get a box, pack it, apply the label, and hand it off to one of their truck drivers or find the nearest hub! Don't know? Google it or ask the front Desk if they have daily deliveries from FedEx or UPS, once that label is on there, the bullshit stops.....it's just like dropping a letter in the Mail box.
And another thing: If you're driving, use the Sun Belts and get a Sun Pass; you WILL thank me later I promise. (oh and buy the way Spikes is right off one of the beltways)
Link Posted: 2/17/2012 9:18:57 AM EDT
Originally Posted By Phil_A_Steen:
This is a great theoretical discussion on what to do if you find a lower, but I will tell you from experience that you will not find a lower.

Really your chance is to find a preban rifle mixed in with used ARs in rifle configuration. I've scored like this a few times.

Suggestion is to check out one of the gun shows this weekend. Ignore all the new guns, and look through the used racks.

The two I see on the calendar for this weekend:

Feb 18-19 Lakeland, Lake Mirror Center, 121 South Lake Ave. Lakeland Curio & Relic Arms Show, 100+ 9' tbls $75, Jack Schubert, 863-858-8777
Feb 18-19 Melbourne, Melbourne Auditorium, http://flgunshows.com/

Bring a list of preban serial numbers for Colts, BMs and others (I keep a copy in my cell phone) and happy hunting.


Growing up I used to hit those shows.....those were the days!
Any Dealer selling to you is going to have to call for a NICS check and in FL that costs $10. for each check (unless you have a CCW that was issued within the last five years) then no check is required. Making multiple deals at the same show and don't have a CCW licenses? find one dealer that'll take them all and log them out on one back ground check as it doesn't matter how many firearms are on the 4473.
Link Posted: 2/17/2012 10:00:24 AM EDT
Silly me. I assumed we were talking preban only. I have to remind myself that someone would be silly enough to build a rifle in a postban configuration.
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