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Thread: WARNING: Notice of Legal Stipulations for Handgun Sales

  1. #1
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    Exclamation WARNING: Notice of Legal Stipulations for Handgun Sales

    Since we aren't in a gun friendly state here it is advisable that folks in this section especially be aware of the legal stipulations of buying and selling a pistol in NY:

    1. Be sure that the buyer is legally authorized to own a pistol, i.e. has a license.
    2. Any magazines with capacity greater than 10 rounds be manufactured on or before the ban date in '94.
    3. Check local laws for anything precluding that person further, such as NYC's idiotic idiosyncrasies.
    4. Follow proper procedure as required by federal and state law for transfer.
    5. Don't use Paypal for payment--they hate us and might seize your money and/or cancel your account.
    6. Don't sell to out of state buyers unless done properly through a licensed FFL in their state. Even then it's complicated so do your homework so you don't get bit by bad legal problems. You alone are responsible for following applicable laws.

    Keep it legal, guys, and be careful. It is too easy to accidentally do something not in compliance with the law and get in trouble. Not everyone is your friend--it's not unheard of for unsavory LE/ATF posing as sellers to get you to do something illegal just so they can say they're "fighting the illegal gun problem."
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  2. #2
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    Default Cobis

    Although probably not an issue since this forum is based in NY, but if an out-of-state seller selling a handgun, ask if there is a New York COBIS report, which I believe is that two fired shells must accompany the gun, or these shells can be sent to a COBIS center in New York:

    http://www.troopers.state.ny.us/FAQS/Firearms/CoBIS/

    If not done, then your FFL transferree can do it, but there usually will be a charge.

    On Gunbroker, I always email the seller and ask about this. Most of them aren't even aware of it.

    Steve
    Last edited by stevenorlando; 09-03-2009 at 03:28 AM. Reason: wanted to add more

  3. #3
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    Quote Originally Posted by stevenorlando View Post
    Although probably not an issue since this forum is based in NY, but if an out-of-state seller selling a handgun, ask if there is a New York COBIS report, which I believe is that two fired shells must accompany the gun, or these shells can be sent to a COBIS center in New York:

    http://www.troopers.state.ny.us/FAQS/Firearms/CoBIS/

    If not done, then your FFL transferree can do it, but there usually will be a charge.

    On Gunbroker, I always email the seller and ask about this. Most of them aren't even aware of it.

    Steve
    Does NYSP charge for this?

  4. #4
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    Default Cobis

    Quote Originally Posted by thegriz18 View Post
    Does NYSP charge for this?
    I think so, but as a gun purchaser, I think you would pay your FFL transferree, and they would pay whatever NYS organization that needs to be paid. Some charge in addition, for a box of ammo.

    Steve

  5. #5
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    The spent case rule is interesting as at some point my SIL is going to get her NY handgun permit. She has fallen "in love" with a pistol I have here in PA. Looks like I will have to give her the heads up on needing spent shells for the transfer...even tho it will be months down the road.

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    Does this apply only to new pistols or used pistols also?

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    Quote Originally Posted by Rich View Post
    Does this apply only to new pistols or used pistols also?
    According to the link I gave, it applies to any pistol or revolver that went into New York State Inventory after March 1, 2001, so it does apply to some used pistols.

    Steve

  8. #8
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    Question for those in the know. I always have shipped guns out-of-state thru an FFL. Is that the only way to ship, or can one ship directly TO another FFL? Would a receipt from the out-of-state FFL be sufficient to hand to the County clerk while doing an amendment?
    Thanks

  9. #9

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    handguns are ffl to ffl in nys........a private person can ship a rifle to a ffl....a private person can not recieve a rifle shipped from a ffl.....
    Last edited by ossa250ex; 03-31-2010 at 08:59 PM.

  10. #10
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    Quote Originally Posted by ladder13 View Post
    Question for those in the know. I always have shipped guns out-of-state thru an FFL. Is that the only way to ship, or can one ship directly TO another FFL? Would a receipt from the out-of-state FFL be sufficient to hand to the County clerk while doing an amendment?
    Thanks
    As stated above handguns must be shipped FFL to FFL but long guns can be shipped directly to an FFL.

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