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Posted: 6/7/2003 9:40:49 AM EDT
Ok now I know that NY requires any manufacture to ship a NY Compliant pistol with a ballistic sample, it raises the cost and makes it longer for the pistol to come if it doesn't have one. But what would you do if you ordered a pistol through gunbroker.com or came through a firearm through another legal mean, what would you have to do to make is NY compliant?
Link Posted: 6/8/2003 5:27:36 PM EDT
I believe the states that that all NEW pistols sold in the state must be compliant. I believe that the MANUFACTURER who sells the pistol in the state must send the required shell casings- reguardless of where you buy it. If you bought it off Gunbroker.com through a dealer, the dealer will probably take the shells. If YOUR a FFL than I don't know what the procedure is.
Link Posted: 6/8/2003 6:02:47 PM EDT
[Last Edit: 6/8/2003 7:06:48 PM EDT by Phil_A_Steen]
Ok, having just gone through this, I can shed some light on this:

I bought a NIB Stainless P226 from an ad on Sturmgewehr.com. It was shipped to my receiving FFL in Mahopac from a shop in Virginia. My FFL charges $25 for a transfer only. I paid the dealer in VA directly.

When it arrived in NY, my dealer freaked out because there was no shell casing for the CoBIS database. He was going to return the pistol.

However, I did a little digging. For starters, the letter of the law only requires that the shell casing be retained when shipped to a NYS dealer by the manufacturer, i.e., SigArms, Exeter NH.

However, the State Police, in their infinite wisdom, have adopted a regulation that says "manufacturer" includes a distributor. In other words, if your dealer buys his guns from a wholesaler, and then sells them to you, you must have a CoBIS shell.

In the case of a purchase out of state where you are only using a local dealer to transfer, there is no requirement to provide the shell case. So you don't need a NY compliant pistol.

In my case, my dealer and I called a very helpful Sergeant at the SP barracks in Middletown who confirmed this is the case.

(Needless to say, I got my pistol.)

This link to the NYSP CoBIS Page doesn't spell it out exactly so you should call and verify with your local CoBIS officer.

One postscript to this story -- before I did the digging into the law, I called SigArms to find out if I could send the pistol to them and have them fire it. Answer: Sure for 75 bucks. How's that for customer service? That's the last Sig I buy.

[Edited to fix link]
Link Posted: 6/8/2003 6:08:00 PM EDT
Link Posted: 6/8/2003 7:06:14 PM EDT

Originally Posted by Aimless:

There is some procedure for your FFL to go to a State Police Barracks that has a bullet trap and fire a round off. He might want more than $ 25 for that transfer.

Doesn't apply to new guns, I think. You could ask the shipping dealer to fire a couple of magazines out the back door of his shop, then it's used.



Any dealer can take the gun to one of the SP barracks with the CoBIS labs to have a test fire done (that's Albany, Batavia, Ray Brook, Sidney, Farmingdale, Middletown and Oneida). In my case, my FFL, who does this as a hobby, will charge $300. Reason? It's a 90 minute drive each way to Middletown and he has to drop off the gun and pick it up another day, meaning two trips. So he won't do it.

As to your second point, whether the gun is fired or unfired is irrelevant. It's the source of the gun that matters.

Link Posted: 6/8/2003 7:28:00 PM EDT
[Last Edit: 6/8/2003 7:41:45 PM EDT by Aimless]
Link Posted: 6/8/2003 7:48:56 PM EDT
Aimless is right, used and surplus pistols are not covered... yet...
Link Posted: 6/9/2003 5:07:27 AM EDT
To clarify my earlier comment on new vs. used:

What I meant was the CoBIS rule applies to pistols coming from the manufacturer or wholesaler. Which are of course "new" pistols. But the P226 I bought was every bit as "new" as those (never taken out of the greasy plastic factory bag, as far as I could tell) but is considered "used" for CoBIS purposes. That was where my dealer was hung up -- he thought it was a "new" pistol subject to shell collection.

So, new vs. used is not dispositive. It must be new and and purchased by the dealer for resale from the manufacturer/wholesaler. A conjunctive test.

If there is a channel of "used" pistols being sold by manufacturers, I'm not sure the SP wouldn't read the regs to cover them. i.e., Glock factory refurbs could be deemed new by the SP (no matter what the statute says about "new").
Link Posted: 6/9/2003 10:54:18 AM EDT
Interesting... I just bought an Arsenal Refinished FM Hi Power from FAC that was imported by JLD... That would seem to meet your hypothetical of a refurbished from a manufacturer and sold in NYS. As it was a surplus frame, my dealer interpreted that as a non "New" pistol.
Link Posted: 6/9/2003 5:58:12 PM EDT
The good news HiramRanger is that it's the dealer's problem, not yours.
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