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Posted: 7/17/2010 7:06:10 PM EDT
ok so i sold a guy in your sate a pre ban ak and the ffl has stated that its illegal in ney york ? thought pre bans were gtg ?
Link Posted: 7/17/2010 7:18:54 PM EDT
[#1]
Quoted:
ok so i sold a guy in your sate a pre ban ak and the ffl has stated that its illegal in ney york ? thought pre bans were gtg ?


Ignorance of the law is rampant, even among ffls. If it is a genuine pre-ban it is legal in New York.
Link Posted: 7/17/2010 7:25:34 PM EDT
[#2]
Quoted:
Quoted:
ok so i sold a guy in your sate a pre ban ak and the ffl has stated that its illegal in ney york ? thought pre bans were gtg ?


Ignorance of the law is rampant, even among ffls. If it is a genuine pre-ban it is legal in New York.


its a kassnar imports hungarian sa 85m only 4k ever made it to the us
Link Posted: 7/17/2010 7:40:00 PM EDT
[#3]
IM sent
Link Posted: 7/17/2010 11:55:56 PM EDT
[#4]
Quoted:
Quoted:
Quoted:
ok so i sold a guy in your sate a pre ban ak and the ffl has stated that its illegal in ney york ? thought pre bans were gtg ?


Ignorance of the law is rampant, even among ffls. If it is a genuine pre-ban it is legal in New York.


its a kassnar imports hungarian sa 85m only 4k ever made it to the us


Does it say Kassnar on it? or does it say KBI? If it says Kassnar it is preban.
Link Posted: 7/18/2010 4:27:58 AM EDT
[#5]
What part of the State ?
Link Posted: 7/18/2010 4:32:30 AM EDT
[#6]
Quoted:
Quoted:
ok so i sold a guy in your sate a pre ban ak and the ffl has stated that its illegal in ney york ? thought pre bans were gtg ?


Ignorance of the law is rampant, even among ffls. If it is a genuine pre-ban it is legal in New York.


Really?
Well How do you suggest the FFL VERIFY the preban status of the rifle?  

Because it is MOST CERTAINLY a crime for an FFL to sell  a rifle like that in your state if it is NOT a preban.

The only REAL proof would be the Mfg.s serial # records , or a copy of the original  ATF form showing a NY preban date.

The Burden of proof is ALWAYS on the person requesting the Transfer.

IMHO - Anybody with common sense would have checked with the receiving FFL BEFORE the Sale.  

Link Posted: 7/18/2010 6:30:26 AM EDT
[#7]
Quoted:
Quoted:
Quoted:
ok so i sold a guy in your sate a pre ban ak and the ffl has stated that its illegal in ney york ? thought pre bans were gtg ?


Ignorance of the law is rampant, even among ffls. If it is a genuine pre-ban it is legal in New York.


Really?
Well How do you suggest the FFL VERIFY the preban status of the rifle?  

Because it is MOST CERTAINLY a crime for an FFL to sell  a rifle like that in your state if it is NOT a preban.

The only REAL proof would be the Mfg.s serial # records , or a copy of the original  ATF form showing a NY preban date.

The Burden of proof is ALWAYS on the person requesting the Transfer.

IMHO - Anybody with common sense would have checked with the receiving FFL BEFORE the Sale.  



Most FFL's that I have dealt with will want to know what is being transferred in to avoid these types of conflict.

Link Posted: 7/18/2010 12:42:23 PM EDT
[#8]
it is a preban kassnar and is in the process of being worked out. payment was mailed from brewster ?
Link Posted: 7/18/2010 1:06:15 PM EDT
[#9]
I HAD a deal working for a preban lower till the seller said "Before sending though, can you send me a copy or reference to the bill and section that covers the legalities in NY for shipment of a pre-ban item into the state."

Uh...  he wanted me to show him where in the law it says it's legal for him to send a preban lower. Which of course doesn't exist. People got some crazy ideas.  
Link Posted: 7/18/2010 1:24:18 PM EDT
[#10]
I was trying to purchase a Sig P6 from Peach State Guns in GA (through gunbroker).  The guy flipped out when he learned I was in NY.  Made up a story about how the ATF said it was illegal for him to send handguns to NY.
I don't know how he thought I would find an FFL to handle the transfer on this end if it was illegal.

I can understand being hesitant to make a sale to us in NY, but instead of bullshitting some "illegal to do that" excuse, just spend a few minutes and look up the law or something.
Link Posted: 7/18/2010 3:10:16 PM EDT
[#11]
brewster is not part of NYC therefore if the firearms is indeed a preban it is good to own.
Link Posted: 7/19/2010 1:08:05 AM EDT
[#12]



Quoted:



Quoted:

ok so i sold a guy in your sate a pre ban ak and the ffl has stated that its illegal in ney york ? thought pre bans were gtg ?




Ignorance of the law is rampant, even among ffls. If it is a genuine pre-ban it is legal in New York.


Yes.





Most of the FFLs in WNY are complete idiots. Some times I consider getting an FFL myself.
 
Link Posted: 7/19/2010 4:04:24 AM EDT
[#13]
Quoted:
I HAD a deal working for a preban lower till the seller said "Before sending though, can you send me a copy or reference to the bill and section that covers the legalities in NY for shipment of a pre-ban item into the state."

Uh...  he wanted me to show him where in the law it says it's legal for him to send a preban lower. Which of course doesn't exist. People got some crazy ideas.  


Send him a  copy of the appropriate NYS section. It gets posted here all the time.
Link Posted: 7/19/2010 4:19:29 AM EDT
[#14]
Quoted:
Quoted:
I HAD a deal working for a preban lower till the seller said "Before sending though, can you send me a copy or reference to the bill and section that covers the legalities in NY for shipment of a pre-ban item into the state."

Uh...  he wanted me to show him where in the law it says it's legal for him to send a preban lower. Which of course doesn't exist. People got some crazy ideas.  


Send him a  copy of the appropriate NYS section. It gets posted here all the time.


And just for giggles, we'll do it one more time.

NYS Penal Law, Article 265.00, "Definitions", Section 22.e.5 (pre-ban firearms), and Section 23 (pre-ban magazines)

From http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(b).htm:

22. "Assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:

 (i) a folding or telescoping stock;

 (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

 (iii) a bayonet mount;

 (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor;

 (v) a grenade launcher; or

(b) a semiautomatic shotgun that has at least two of the following characteristics:

 (i) a folding or telescoping stock;

 (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

 (iii) a fixed magazine capacity in excess of five rounds;

 (iv) an ability to accept a detachable magazine; or

(c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics:

 (i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

 (ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

 (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

 (iv) a semiautomatic weight of fifty ounces or more when the pistol is unloaded;

 (v) a semiautomatic version of an automatic rifle, shotgun or firearm; or

(d) any of the weapons, or functioning frames of receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:

 (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

 (ii) Action Arms Israeli Military Industries  UZI and Galil;

 (iii) Baretta AR70 (SC-70);

 (iv) Colt AR-15;

 (v) Fabrique National FN/FAL, FN/LAR, and FNC;

 (vi) SWD M-10, M-11, M-11/9 and M-12;

 (vii) Steyr AUG;

 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

 (ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

(e) provided, however, that such term does not include:

 (i) any rifle, shotgun or pistol that (A) is manually operated by bolt, pump, lever, slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18 U.S.C. 921 (a)(16);

 (ii) a semiautomatic rifle that cannot accept a detachable magazine that bolds more than five rounds of ammunition;

 (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed of detachable magazine;

 (iv) a rifle, shotgun or pistol, of a replica or a duplicate thereof, specified in Appendix A to section 922 of 18 U.S.C. as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon; or

(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September fourteenth, nineteen hundred ninety-four.

23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
Link Posted: 7/19/2010 5:56:52 AM EDT
[#15]
There was no question that a preban was legal here, he wanted to see something saying that it's legal for him to transfer one in from out of state.

That left me stumped...

It was like "I know the speed limit sign says 55 mph, but can you show me where it says   it's legal to drive 53?"
Link Posted: 7/20/2010 6:04:40 PM EDT
[#16]
wow. so i had it shipped and judging by the date it was shipped the ffl opened the box saw what it was freaked and ran back to the post office my ffl just called me sayin it came back
Link Posted: 7/20/2010 6:36:12 PM EDT
[#17]
FFL's ship back guns all the time.

As was said earlier in the thread, many refuse to accept guns shipped from non FFLs. Something about the exposure not being worth the money. Mine will ship back any gun that does not have a copy of the sender's FFL in the box. They open em while the UPS man is there, and refuse to accept delivery.
Link Posted: 7/20/2010 6:40:46 PM EDT
[#18]
Quoted:
FFL's ship back guns all the time.

As was said earlier in the thread, many refuse to accept guns shipped from non FFLs. Something about the exposure not being worth the money. Mine will ship back any gun that does not have a copy of the sender's FFL in the box. They open em while the UPS man is there, and refuse to accept delivery.


was shipped from an ffl
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