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Posted: 6/1/2010 3:24:50 PM EDT
Hello All,
I am considering purchasing a new handgun from an out of state source, Do all  "NEW"  handguns come from the factory with spent shell casing ? or only handguns being shipped to NY ?  Are there any other legal  concerns, or NY compliance requirements that I should be aware of
                                                                                         
                                                                                           Thanks for the advice GOTURBACK


I'm thinking about a  HK45c not the usp,  I can't seem to find any place that has any... re: mags it's only 8 - 10 rounds max any way  Thanks
Taking it to the state police for firing ahh... Did you mean to say that from an out of state dealer to my ffl would be considered a used gun and not be required to have spent casings ?
Link Posted: 6/1/2010 4:33:53 PM EDT
[#1]
Not all handguns, even those shipped to NY, come with a spent shell casing. If they do not come into NY with a spent casing the FFL dealer will take the handgun to the State Police and they will fire two rounds and recover them for COBIS compliance. If you are transferring the handgun in the FFL will most likely charge a fee for the trip to the State Police. Check with your seller to see if the gun has the casing and if it doesn't check with your FFL dealer to see if he charges a fee for COBIS.

You are limited to 10 round magazines in NY.

What gun are you thinking of transferring in?
Link Posted: 6/1/2010 4:43:57 PM EDT
[#2]
NEW in NY means from a distributor or manufacturer to the dealer.
Link Posted: 6/1/2010 5:59:51 PM EDT
[#3]
Quoted:
NEW in NY means from a distributor or manufacturer to the dealer.


exactly, my FFL considers it used if it comes from anyone but a dist or dealer..
Link Posted: 6/1/2010 6:18:52 PM EDT
[#4]


Everyone should be able to discern between the keystrokes here.



What does NYS do to ensure compliance from the shipper if they are a FFL? Suppose that FFL fires the gun and includes the casing?



On another thought, I hope every gun mfgr that is shipping casings is (UNintentionally) fucking up the casings in a big bad way.





One could only wish....





'Drew



 
Link Posted: 6/2/2010 4:56:12 AM EDT
[#5]
if gun is listed as sold new, then a case for cobis is required and is either shipped with the gun in a sealed envelope from maker or gun gets transported by dealer to nysp for cobis firing.
Most of the big makers are cobis compliant and inclue cases(glock ,sig,colt,s+w) not sure about hk. Go to the hk forum and ask someone there if they got a new hk recently and if they had shell cases included
Link Posted: 6/2/2010 5:22:21 AM EDT
[#6]



Quoted:




What does NYS do to ensure compliance from the shipper if they are a FFL? Suppose that FFL fires the gun and includes the casing?





 


A licensed NYS dealer in firearms would have to be nucking futz to risk his FFL/Handgun Dealer License by falsifying a CoBIS certificate of compliance.

Link Posted: 6/2/2010 6:29:41 AM EDT
[#7]
Do the state police only fingerprint the casings, or do they recover a bullet as well?  I seem to remember hearing something about them firing the gun into a tank of water so they can check the markings on an undamaged bullet.
Link Posted: 6/2/2010 6:53:27 AM EDT
[#8]
If the CoBIS center is collecting and imaging the fired bullets that would be contrary to state law.



(5)  On  and after March first, two thousand one, a gunsmith or dealer
 in firearms licensed in this state shall, within ten days of  delivering
 to  any  person a pistol or revolver received by such gunsmith or dealer
 in firearms on or after such date, forward  to  the  division  of  state
 police,   along   with  the  original  transaction  report  required  by
 subdivision twelve of section  400.00  of  the  penal  law,  the  sealed
 container enclosing the shell casing from such pistol or revolver either
 (a)   received   from   the   manufacturer,   or  (b)  obtained  through
 participation in the program operated by the division of state police in
 accordance with subdivision four of this section.

Link Posted: 6/2/2010 6:09:07 PM EDT
[#9]
The last time I had a gun go to COBIS my dealer said that the State Police recover the fired bullet also. I don't think that is true but that is what he told me. If you go to the State Police web site the COBIS rules state that the ammo has to be full metal jacket with lead free primers if they are available. The guns are fired into a water tank and I assume they want full metal jacket and lead free primers to limit their lead exposure. My FFL was under the impression that they wanted FMJ in order to recover an undamaged bullet but I believe he is mistaken.

Link Posted: 6/2/2010 6:30:38 PM EDT
[#10]
When the Trooper comes out to the shop he test fires the handgun on the range, picks up the empty case, then prints a couple nifty tags: one for the fired case and the other for the factory box the handgun came in.

A water tank is a effective means of stopping the bullets, but I wonder if they have to have a HAZMAT team recover the lead contaminated water.

If a handgun comes from the Factory to the dealer having not previously been sold or delivered it is "new"
If a handgun comes from a Distributor (they would likely have gotten it from the factory) and has not been previously sold or delivered it is "new".
If you win an auction for a new-in-box handgun and it's being shipped by Bubba's Gunshop or Bubba Gump himself to your FFL it is used and exempt from the COBiS requirement.

Are we clear here?  
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