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Posted: 9/4/2008 9:27:00 AM EST
Hey guys,

My uncle that lives in NYC and has a NYC address on his driver's license just told me that he purchased a Marlin 336c 35 Rem lever action rifle for hunting up in Conn. Is that legal? He said they completed the background check and he was approved etc and everything. They ordered the rifle and he is supposed to pick it up in about 2 weeks.

I'm a little concerned about this. He has no kind of NYC permit or anything. What's going on? Only permit he holds is a hunting license. Is the Conn. dealer selling him this rifle legally?

I looked through the NYS laws thread but couldn't find anything saying that this was legal.
Link Posted: 9/4/2008 9:37:13 AM EST

Originally Posted By Hafellafuse:
Hey guys,

My uncle that lives in NYC and has a NYC address on his driver's license just told me that he purchased a Marlin 336c 35 Rem lever action rifle for hunting up in Conn. Is that legal? He said they completed the background check and he was approved etc and everything. They ordered the rifle and he is supposed to pick it up in about 2 weeks.

I'm a little concerned about this. He has no kind of NYC permit or anything. What's going on? Only permit he holds is a hunting license. Is the Conn. dealer selling him this rifle legally?

I looked through the NYS laws thread but couldn't find anything saying that this was legal.
He lives in NYC? Has he picked up the rifle yet?
Link Posted: 9/4/2008 9:39:58 AM EST
[Last Edit: 9/4/2008 9:40:34 AM EST by Hafellafuse]
Yes, lives IN Manhattan. His license clearly states New York, NY.

No, has not picked it up yet. It'll be ready for pick up in about two weeks.
Link Posted: 9/4/2008 9:49:25 AM EST
Its not a problem for him to purchase it only to possess it in NYC. He can not bring it into NYC. For example, if you have a house upstate you can purchase a long gun and leave it there with no permit. I don't know if there are any problems with bringing it moving it across state lines for good. Anyone know if there is a problem with this? Does he have to do an FFL to FFL transfer to NYS?
Link Posted: 9/4/2008 11:03:59 AM EST
[Last Edit: 9/4/2008 11:04:58 AM EST by rkbar15]
I don't see how they completed the NICS check in advance of transferring the rifle so I really doubt the background check has been completed.

As lion stated he can legally purchase a long gun in CT and bring it back to NYS but NOT NYC. Unfortunately as a NYC resident he cannot legally possess the rifle in NYC unless he registers it with the NYPD licensing division within 72 hours of bringing it into the city. Since it appears he does not have a NYC rifle/shotgun permit he cannot register the rifle and he would be subject to arrest and prosecution for possession of the unregistered rifle. In addtion he cannot even legally possess ammo in NYC for any gun that is not registered on his rifle/shotgun permit.

Is there someone outside of NYC where he can store the rifle? If not he fooked until he gets a NYC rifle/shotgun permit.
Link Posted: 9/4/2008 11:54:20 AM EST
Well, he plans on leaving it at my dad's place in Westchester anyway so I guess he's safe. Still confused about transferring it from Conn to NY though. Will he have to do that?

Also...
So, you guys are telling me that you can buy an AR (for example) with a NYC driver's license as long as you don't bring it into NYC?

My cousin (same uncle's son) would like to purchase an AK. Can I buy one for him here in NV and ship it via local FFL to an FLL in NYS? And if he holds a driver's license with a NYC address will they release it him?

These laws are confusing.
Link Posted: 9/4/2008 3:26:06 PM EST
New York is still part of the US, and as such, residents of an asshat city(NYC) can still purchase long guns out of state with no problems. There are exceptions in states like NJ and NC where you can only purchase in your home state, but NY has no such regulations. He can legally leave it at your dad's in Westchester, and use it whenever he wants. As far as doing a NICS check in advance, I was told by a dealer that the NICS can be done at the ordering stage, and the 4473 can be filled out. After approval from the instant check you and the dealer have 45 days to complete the transaction. If your cousin wants an AK, he's better off buying it in NY, as the one you will send him from NV will most likely not conform to the NYS AWB which mirrors the old fed ban.
Link Posted: 9/4/2008 3:40:03 PM EST

Originally Posted By rkbar15:
I don't see how they completed the NICS check in advance of transferring the rifle so I really doubt the background check has been completed.

As lion stated he can legally purchase a long gun in CT and bring it back to NYS but NOT NYC. Unfortunately as a NYC resident he cannot legally possess the rifle in NYC unless he registers it with the NYPD licensing division within 72 hours of bringing it into the city. Since it appears he does not have a NYC rifle/shotgun permit he cannot register the rifle and he would be subject to arrest and prosecution for possession of the unregistered rifle. In addtion he cannot even legally possess ammo in NYC for any gun that is not registered on his rifle/shotgun permit.

Is there someone outside of NYC where he can store the rifle? If not he fooked until he gets a NYC rifle/shotgun permit.



Question, (NYC excluded) Can someone purchase a rifle in another state and just bring it back to NYS or does it have to "transfer" state lines thru an FFL like a handgun?


Link Posted: 9/4/2008 8:21:10 PM EST
Albanians in Nevada, wow, they are every where, lol.
Link Posted: 9/4/2008 8:56:58 PM EST

Originally Posted By JPNY23:
Albanians in Nevada, wow, they are every where, lol.


HAhaha, we're in your schools, you work with us, you pass us on the street daily, and you don't even know we're there....

WE'RE EVERYWHERE!

LOL.
Link Posted: 9/5/2008 4:22:31 AM EST

Originally Posted By Lion:
Question, (NYC excluded) Can someone purchase a rifle in another state and just bring it back to NYS or does it have to "transfer" state lines thru an FFL like a handgun?


Yes as long as the long gun is being transferred in person from a FFL and the state the transfer is taking place in does not specifically prohibit such transfers to non-residents. You can't transfer a long gun in NJ without a NJ FID card so you can cross that state off your list of states.
Link Posted: 9/5/2008 5:40:55 AM EST

Originally Posted By rkbar15:

Originally Posted By Lion:
Question, (NYC excluded) Can someone purchase a rifle in another state and just bring it back to NYS or does it have to "transfer" state lines thru an FFL like a handgun?


Yes as long as the long gun is being transferred in person from a FFL and the state the transfer is taking place in does not specifically prohibit such transfers to non-residents. You can't transfer a long gun in NJ without a NJ FID card so you can cross that state off your list of states.

Please don't cross us off the list. Non-residents can obtain a FID card and buy long guns in NJ from a dealer. Residents of PA, NY and DE that are close to the iron curtain still have that option.
Link Posted: 9/5/2008 6:32:01 AM EST

Originally Posted By PK90:
Please don't cross us off the list. Non-residents can obtain a FID card and buy long guns in NJ from a dealer. Residents of PA, NY and DE that are close to the iron curtain still have that option.


OK you're back on the list!

http://www.state.nj.us/njsp/info/forms.html#firearms
Link Posted: 9/5/2008 7:39:16 AM EST

Originally Posted By rkbar15:

Originally Posted By PK90:
Please don't cross us off the list. Non-residents can obtain a FID card and buy long guns in NJ from a dealer. Residents of PA, NY and DE that are close to the iron curtain still have that option.


OK you're back on the list!

http://www.state.nj.us/njsp/info/forms.html#firearms


Yes, but a record of your long gun sale will be fowarded to the NJSP and kept on file. The system in NJ is exactly the same as registration, so if you want your gun registered, and you're not a NJ resident obtain a FID and buy your guns in NJ. If I wanted a gun from a dealer in NJ, I'd just have it shipped to my FFL and pick it up with only a 4473 which the dealer retains for 20 years and can then trash.(I'll assume most don't)
Link Posted: 9/5/2008 7:58:21 AM EST
Hey you don't have to buy a gun in NJ to register your guns!

http://www.state.nj.us/njsp/info/pdf/firearms/sp-650.pdf

This form may only be utilized to voluntarily register firearms you own that may be lawfully possessed in New Jersey that were previously acquired under any one of the following circumstances:

1. Inherited pursuant to N.J.S.A. 2C:58-3j;
2. Lawfully acquired in another state pursuant to state and federal laws; or
3. Lawfully acquired in New Jersey pursuant to N.J.S.A. 2C:58-3a and N.J.S.A. 2C:58-3b.
Link Posted: 9/5/2008 6:59:25 PM EST
I know where you are, I see what others can't see, I can spot an Albanian a mile away, but then again its because I am one, haha.
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