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Posted: 9/9/2001 3:34:24 PM EDT
I was wondering if the laws regarding the interstate shipment/sale of handguns is the same as long guns? If I live in NYS and want to sell a handgun to a resident of another state, can I just ship the handgun out of New York via UPS to the buyer's local FFL in his/her state of residence? Or do I need to ship from FFL to FFL? Thanks guys and gals in advance for your assistance.
Link Posted: 9/9/2001 4:14:27 PM EDT
Yes you can ship it directly to an FFL for any lawful purpose providing the FFL will receive it from a non-licensee. Check with your pistol permit licensing officer to find out what documentation you need for the disposition when you amend your permit. It varies by county.
Link Posted: 9/9/2001 5:27:43 PM EDT
Thank you sir, that was exactly the info I was looking for. [:)]
Link Posted: 9/9/2001 6:02:36 PM EDT
Just a little CYA. Get a copy of the FFL's license signed in ink and retain it for your records. Check to make sure he/she's a valid FFL and verify the shipping address on the ATF website or use the 800 number.
Link Posted: 9/10/2001 3:38:52 AM EDT
Good point, thanks.
Link Posted: 9/10/2001 10:51:21 AM EDT
OK, slight problem here. I called the pistol permit office of my county Sheriff's Dept. today and asked about what documents are needed to amend my permit for the disposal/sale of a registered handgun. The officer told me that if it's an in-state sale, I need to sumbit the green purchaser "coupon" and if it is out of state, I have to provide the receipt from the NYS FFL dealer I shipped through. So, according to the county Sheriff's Dept. I need to ship from FFL to FFL. When I questioned this, she told me that although one can ship a long gun out of state as long as it is going to an FFL dealer, handguns must ship from FFL to FFL. Unfortunately, this is what I was trying to avoid. I'm guessing this is incorrect info, however her department handles pistol permit matters so I guess I'm SOL. Dealing with multiple FFL dealers is a nightmare I've been through and would rather not repeat. Thanks again rkbar15 for the help. B MAN
Link Posted: 9/10/2001 4:02:52 PM EDT
Originally Posted By BMANSAR15: OK, slight problem here. I called the pistol permit office of my county Sheriff's Dept. today and asked about what documents are needed to amend my permit for the disposal/sale of a registered handgun. The officer told me that if it's an in-state sale, I need to sumbit the green purchaser "coupon" and if it is out of state, I have to provide the receipt from the NYS FFL dealer I shipped through. So, according to the county Sheriff's Dept. I need to ship from FFL to FFL. When I questioned this, she told me that although one can ship a long gun out of state as long as it is going to an FFL dealer, handguns must ship from FFL to FFL. Unfortunately, this is what I was trying to avoid. I'm guessing this is incorrect info, however her department handles pistol permit matters so I guess I'm SOL. Dealing with multiple FFL dealers is a nightmare I've been through and would rather not repeat. Thanks again rkbar15 for the help. B MAN
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those are the rules... whomever told you that you didn't need to use an instate dealer was wrong... It doesn't have to be an FFL in NY, just a state dealer with a dealers book (even though I'm sure all will be FFLs also) so he can book the gun off of your license...
Link Posted: 9/10/2001 4:52:53 PM EDT
BMANSAR15: Let's just say then that while there's no FEDERAL requirement to ship a handgun FFL to FFL, it may be that NYS requires it. States and cities/counties are free to enact more restrictive laws than those enacted by the feds.
Link Posted: 9/10/2001 5:53:42 PM EDT
BMANSAR15: Politely ask the Sheriff's Office where the NYS statute, regulation or local law states that handguns in NYS must be shipped from a NYS FFL holder to an out of state FFL holder. AFAIK the FFL shipping requirement is for transfer INTO NYS not OUT of NYS. I have stated this numerous times that you always need to verify the local laws in your jurisdiction in NY before you do anything. What's legal on one side of a street maybe illegal on the other side of the street! I will check with my counties licensing division tomorrow.
Link Posted: 9/10/2001 6:18:13 PM EDT
Circuits - Wouldn't that be considered interstate commerce, which I always thought only the federal government (by law) can regulate? rkbar15 - I'm interested to know what your county's licensing office says in regards to this matter. In any case, I completely agree with you about double checking all state and local laws before doing anything (especially when it concerns firearms). That's why I called the Sheriff's Department this afternoon. Thanks men.
Link Posted: 9/10/2001 8:01:52 PM EDT
In this case, the state could make it a statutory requirement for keeping your pistol permit up-to-date. I'm not saying it's right, just that I can imagine a legal justification. I think it's stupid to have to get a permit to purchase a handgun - but it's the law in NYS, too.
Link Posted: 9/11/2001 4:57:20 AM EDT
[Last Edit: 9/11/2001 4:57:27 AM EDT by rkbar15]
The NYSP maintain a database of all firearm transactions in NYS. When you amend your permit you must specify the disposition of a firearm you are removing from your permit. The choices are: LICENSE# - For transfer to another permit holder DEALER LICENSE# - For transfer to a FFL dealer SHIELD# - For transfer to a LEO If it's been lost or stolen you must provide a police report to that effect. [b]We need a preemption law in NYS.[/b]
Link Posted: 9/11/2001 4:58:04 AM EDT
I think that's what it is... you need to do it in order to keep your permit up to date. Remember, they keep a record of all handguns you have in NYS. When I left NY, however, they told me it was ok to simply send in a letter stating that I moved out of state and took the guns with me (had to send the letter in with my license, of course).
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