User Panel
Posted: 9/2/2004 7:55:21 AM EDT
I'm in the western upstate NY area (Rochester) and I have a (EDIT)pre-ban?, doh of course it's POST-BAN, mis-typed(/EDIT) HBAR 20" A2 AR-15, which I need to turn into cash :(
I know this isn't the right forum to advertise rifles for sale... this isn't that, this post is preliminary to me posting in that forum - I thought I should get some advice and information before I went ahead annoyed anyone there. I have a 20" HBAR A2 rifle (Bushy lower, J&T upper) with muzzle brake I want to get rid of. It's an emergency sell on top of being a pretty vanilla rifle and pre-ban/used; it will have to go cheap, but I need the money to keep the vehicle on the road and a roof over my head; currently unemployed and job-searching. I know there are some AR15.com crew guys local to the Rochester area - FYI that's where I am located. What I need is advice on how to sell my rifle, as I am still a newbie to all this, I bought my rifle last summer and have enjoyed it fully but I have only been into shooting less than a year. Questions: What is the skinny on selling rifles from private owner to private owner in NYS ... do I need to involve any agencies or do any paperwork? Shipping rifles - If I find a buyer outside my area, is anything important to know about this? Rochester-specific - any of you Rochester AR15.com guys have any recommendations or information on what shops or people in this area might buy guns and are reputable? The worst part of this is that from what I have heard there is a local gun show coming up on the 25th, where I could certainly find someone who might be interested, but I have to be at a wedding that weekend :/ Thanks for reading, wish me luck... |
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Hi Art15t...
Selling to private individual in NY one can do face to face. One can legally ship to another private individual within the state... I am not familier with Rochester, and any local laws that may restrict this.... But some cities in NY have resticted ownership of AR's... I prefer to sell to people I know or at the very least have a NY state pistol permit. But that is my preference... Otherwise, shipping out of state is not a problem. Ask for a signed in ink copy of the FFL you will be shipping to. UPS is the best to ship by these days. There is a show in Syracuse on the 18th and 19th if you wish to try to sell it there... You will have to go thru a FFL at the show. Being a state owned facilty they require it.... Feel free to email at [email protected] if you have any further questions.... Dan Tucker UPstate NY |
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Being Familar with Local and State laws I can tell you that you pickupdan is right by selling your AR15. You can post your gun in the swap sheet that is sent out thru out the rochester and syracuse area or post or on gunbroker.com plus there is a gun show in rochester sept 25/26 at the Dome & Minett Hall in henrettia and also the one at the NYS fair grounds Sept 18/19. There really arent any laws that would restrict you from selling your gun to anybody. The only real thing i can say is the one law that everyone should be aware of is that you can not sell a firearm to a known felony by doing so then you can get charged with a felony also. But its nothing to really worry about. By rights ever person that is selling a firearm is suppose to do a background check on the person buying the gun but I know alot of people dont have the cash that is required to do such.
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Please do not forget that if you sell at a gunshow the law says it must be done through an FFL who will require a 4473 be filled out along with a NICS check. You may not go out to the parking lot to do the deal, it MUST go through a dealer. Annoying yes, but its the law... and besides, it also covers your ass if the person is a stranger... and I can't express enough how important that is.
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2 Rochester area shops that you could place your rifle on consignment are Pro-Guns in Victor and Liberty Gun Shop just a few miles further east. They might also offer to buy your rifle, but expect a low-ball offer if you choose that route. If you price it right, it will probably sell quickly. Pro-Gun gets a lot of traffic and is quite black rifle friendly.
If you place the rifle in the EE, you can specify a FTF NY deal preferred. Sorry you have to sell.... |
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I believe this BS law is only valid on NYS property Hiram, such as at the Syracuse show/NYS Fairgrounds. Not applicable at Rochester, where many paperless private transactions still occur. |
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Thanks for all the info everyone, and it is indeed a sad thing to have to sell - but the upside is that this was just my first AR, and in retrospect I would be into owning a little different configuration than the one I did.
Pro-Gun, yes, I have of them but never stopped by, I'll get info on Liberty, because consignment sounds like a good plan. I am glad to hear that I can sell face-to-face w/out hassle, as I think I have 2 or 3 shooters I know who might be into buying it ... one is an AK47 guy who's always coveted it but not been into spending the cash for one new and another is a friend who's mainly into pistol shooting that I think I could get into ARs if I gave him a deal! Hey at least I can create another AR fan in this process! |
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Incorrect, the governor originally signed an Executive Order requiring it on state property... i.e. fairgrounds, the Egg in Albany... the state's AWB law expanded it to all gun shows in the state, whether on private or public property. Its just BCI has a far greater presence at the state facility shows. Still the law is as I stated. |
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Well then, it breaks my heart to see so many NY'ers not complying
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Like I said, outside of shows in state facilities I haven't noticed a large BCI presence. Just making people aware as they can arrest you for it and seize the firearm.
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Hiram? What is the defintion of a gunshow then? I was only aware of the deal with the Syracuse show was on state land... Every gunshow firearms transaction needs to go thru a NICS check???? Dan Tucker |
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On the phone with my firearms attorney now, he confirms that the law is as I stated. He is looking for the legal cite now. He confirmed the only on state property provision was an Executive Order, that was superceded by the state's AWB. Will follow-up here when he finds the cite.
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OK... so who is covering the 1/4 billable hour on this search?
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Nobody , but You get first Crack at the next 14 yr. old chickie that trolls the Board |
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Will a beer a Tully's cover this? THanks Dan Tucker UPstate NY |
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Shit, I say we THROW a beer on the Albany lapdog
J/K...Thanx for all you do (keeping us informed of our Albany Lord's mandates). Hugs and kisses |
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HR is correct about gun shows. In a private transfer you must also be in compliance with both NYS and Federal law which prohibits transferring a firearm to a prohibited person. The person you are transferring the firearm to must also be a resident of NYS. You would be wise to take HR's advice on having an FFL do the transfer if you have any doubts. It can come back to haunt you many years later. |
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I don't drink beer, but a Jack and Coke will cover the debt... I owe my lawyer lunch for this... I'm thinking hot dogs at the capital venfor cart!
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Hehe, lots of good info in this thread... thanks bunches everyone. I have another question for you guys, if you'd be so kind.
Is it lawful for a private owner to sell a rifle to a resident of another state who currently resides in NY? A potential buyer for my rifle has 4 years residency here in NY, but he still keeps a Colorado drivers license. Is it verboten in general to sell individual rifles, over state lines? |
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My take on it, and I'm not a lawyer, if he has a bonafide residence here and can prove it... utility bills, lease for an apartment, etc... he is a resident of the state. It is not his PRIMARY residence, but it is a legal residence. I think you would be ok. You might want to call the local ATF compliance office to check. I've called them several times and they have never asked my name. Keep in mind though, half the time they are ignorant of the laws they are charged with enforcing.
My guess is it would be legal, but I am not an attorney. Maybe send an IM to Aimless or Philasteen. |
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To back up what Hiram says, at the Middletown Show if you want to bring a firearm into the show to sell FTF or to a dealer, you are required by the show promoters to leave your driver's license with them. They also take down the info on the firearm. If you find a seller, it must be sold through a dealer at the show along with a NICS check. Proof of compliance is required to get your driver's license back. There are plentiful warnings about parking lot deals and the NYSP are around in plainclothes. At the last show, a knife dealer was warned by uniformed NYSP that he was selling switchblades which are illegal in NYS. He was told to put then away. After they left, he put them out again. He was too stupid to realize that the plaincothes guys would show up later to make a buy. Sure enough he was arrested on the spot and all his inventory was confiscated.
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Switchblades are not illegal in NY IF you have a fishing license and do not carry it EXCEPT when fishing. There is an exception to the prohibition for this purpose and this purpose alone.
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As HR stated you can legally possess a switchblade knife in NYS while hunting, trapping or fishing and have the associated ENCON license. Don't expect the average NYS LEO to know this though. Some states which restrict auto opening knives also have an exemption if you only have one arm.
NYS Penal Law ARTICLE 265 FIREARMS AND OTHER DANGEROUS WEAPONS S 265.20 Exemptions. a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to: 1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05 and 270.05 by the following: ......................................... 6. Possession of a switchblade or gravity knife for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law. |
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Cool I wasn't aware its good for hunting and trapping as well... Thank you!
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