Posted: 4/4/2009 12:45:58 PM EDT
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Looking for some input:
If you buy a new handgun from an out of state FFL and have it transfered to you in your state (NY) using your FFL. Who is responsible for CoBis, YOU, your state FFL, or the out-of-state FFL? |
| If it comes with the fired casing, you're golden - your FFL will take care of sending it in. If it doesn't, you need to make sure your FFL is willing to deal with it. Mine does for an additional fee - handguns with casing are $25, without are $90. *Your FFL* has to make an appointment with the State Police and take the gun to one of their specified labs for firing and shell collection. |
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Thanks. How do I make sure he does this if he needs to when the gun arrives, or is this basically an FFL's responsibility and not mine? I would suggest you let your fingers do the walking to get the right answer on this one. Call your FFL and ask him directly what his procedure is. |
I just had one come in from out of state without a shell casing. My FFL was Bass Pro shops of all places and it actually worked out better because I wasn't charged any fees and due to their high volume of transfers, it was done the next day. Beware that Bass Pro said there is quite a wait time for CoBis testing and I lucked out on the timing for my testing. I'd say it would be worth a shot to call whoever is selling the gun and ask them to send a few rounds down range before they ship it
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Quoted:
Quoted:
Thanks. How do I make sure he does this if he needs to when the gun arrives, or is this basically an FFL's responsibility and not mine? I would suggest you let your fingers do the walking to get the right answer on this one. Call your FFL and ask him directly what his procedure is. Was told that if it came from out of state and from another FFL no shell needed. |
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Quoted:
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Quoted:
Thanks. How do I make sure he does this if he needs to when the gun arrives, or is this basically an FFL's responsibility and not mine? I would suggest you let your fingers do the walking to get the right answer on this one. Call your FFL and ask him directly what his procedure is. Was told that if it came from out of state and from another FFL no shell needed. That's what I was told. Then I went to pick up my pistol and was told it had to be tested because it was unfired  Goodluck.
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IMHO once a handgun has been transferred to an individual it is used, and therefore not subject to CoBIS testing.
When a dealer transfers a firearm to anyone including another dealer a 4473 is completes and disposition noted in his bound book. While not specifically addressed, it would seem that the language of the law could be interpreted to include distributors: The law specifies "...from the manufacturer..." AFAIK when the distributor transfers to a dealer it could be considered used, however the SP doesn't view it that way. Lots of folks have bought brand new guns from dealers and never chambered a round, so "unfired" cannot be applied here. |
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The NYSP has taken the position that only guns received from manufacturers or distributors are subject to CoBIS. That position is consistent with the statute and regultations. You can verify with your regional CoBIS center.
The law is clear on the subject. New York General Business Law 396-FF, the CoBIS law, reads that CoBIS applies only to "receipt of any pistol or revolver from a manufacturer." (see subsections (2), (3) and others). A manufacturer is defined as "any person . . . possessing a [FFL] that permits such person, firm or corporation to engage in the business of manufacturing pistols or revolvers or ammunition therefor for the purpose of sale or distribution." The NYSP has adopted regulations to the same effect. Under 9 NYCRR 923.1, the regulation states: (a) Application only to new pistols and revolvers.
(a) The provisions of this Part shall apply only to new pistols and revolvers received by a licensed dealer in firearms from a manufacturer on or after March 1, 2001, and shall not apply to any pistol or revolver possessed by any licensed dealer in firearms prior to that date nor to any pistol or revolver legally possessed prior to that date by any person in this State under the provisions of section 400.00 or 265.20 of the New York State Penal Law. The definition of "manufacturer" in the regs tracks the statute. Your local CoBIS office can be found at this link: NYSP Troops with CoBIS |