Posted: 8/7/2010 10:04:20 PM EDT
Bringing this up again
Does a new pistol coming from an out of state FFL need the fired shell? Or is it only when my FFL orders a pistol from an out of state wholesaler? Or for all intense and purposes, does NYS consider FFLs to be wholesalers? |
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Strictly speaking, only guns new from the manufacturer are covered under the statute. The state police views this as including shipments from a manufacturer's distributor. A fired shell is technically not required when purchasing from a non-distributor FFL. Whether the gun is "used" –– aka fired –– is irrelevant. Unfortunately many FFL's follow the new/used rule incorrectly, and I'm not sure each of the regional COBIS officers follows it strictly as well. Middletown has this one right when I ran into the issue, and I think Farmingdale does too. |
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I tried to get a AB-10 (afterban version of the tec-9) transferred thru Gander Mountain (hey it was only $150 on Gunbroker and I was young and stupid) The guy working the counter told me after he recieved it, they had to send it to get COBIS tested (the thing was faaaaaaaar from new)  I had to go back home, call the State Police, the COBIS guy I talked to was like "USED GUNS DON'T GO TO COBIS STUPID" so I had to go back to Gander and have the guy call the state police so they could be told not to send them the gun because they'd just send it right back w/o testing. Never doing that (buying or transferring a firearm thru gander) again, it was a hassle ever step of the way. |
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Quoted: So if one were to buy a new Glock through a non-Glock distributor who gets it from an out of state wholesaler no COBIS case is required and the dealer is in compliance by not submitting the case? I'm sure pistols could go through a couple different vendors before it hits NYS. Strictly speaking, only guns new from the manufacturer are covered under the statute. The state police views this as including shipments from a manufacturer's distributor. A fired shell is technically not required when purchasing from a non-distributor FFL. Whether the gun is "used" –– aka fired –– is irrelevant. Unfortunately many FFL's follow the new/used rule incorrectly, and I'm not sure each of the regional COBIS officers follows it strictly as well. Middletown has this one right when I ran into the issue, and I think Farmingdale does too. |
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"Q - Does this mean that guns received from out-of-state wholesalers aren't affected by this law because they're not received directly from a manufacturer?
No, for purposes of this section, the term "Manufacturer" includes any person, firm or corporation outside this state engaged in the business of supplying pistols or revolvers to licensed dealers in firearms in this state." http://www.troopers.state.ny.us/faqs/Firearms/CoBIS/ |
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Quoted:
Quoted:
So if one were to buy a new Glock through a non-Glock distributor who gets it from an out of state wholesaler no COBIS case is required and the dealer is in compliance by not submitting the case? I'm sure pistols could go through a couple different vendors before it hits NYS.
Strictly speaking, only guns new from the manufacturer are covered under the statute. The state police views this as including shipments from a manufacturer's distributor. A fired shell is technically not required when purchasing from a non-distributor FFL. Whether the gun is "used" –– aka fired –– is irrelevant. Unfortunately many FFL's follow the new/used rule incorrectly, and I'm not sure each of the regional COBIS officers follows it strictly as well. Middletown has this one right when I ran into the issue, and I think Farmingdale does too. I bought a new Glock 19 from an individual in OH. When he purchased it in OH, it came with two fired shell casings from Glock. |
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Quoted: "Q - Does this mean that guns received from out-of-state wholesalers aren't affected by this law because they're not received directly from a manufacturer? No, for purposes of this section, the term "Manufacturer" includes any person, firm or corporation outside this state engaged in the business of supplying pistols or revolvers to licensed dealers in firearms in this state." http://www.troopers.state.ny.us/faqs/Firearms/CoBIS/ again, many dealers follow the new/used rule. Strictly speaking, the state police have no authority to take the position that guns shipped by anyone other than the manufacturer - i.e., Glock, S&W, Beretta - are covered by COBIS, but unless you want to sue them . . . |