WARNING: Notice of Legal Stipulations for Handgun Sales

[ladder13]

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

Only new handguns

[ladder13]

handguns are ffl to ffl in nys......

So, BOTH ways, yes?

[ladder13]

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

It says new pistols, nothing about pre-owned. I may be incorrect, won't be the first time.

[cpgor]

As stated above handguns must be shipped FFL to FFL but long guns can be shipped directly to an FFL.

not true you can ship a handgun to an FFL from a private individual, I have done this many times. Sometimes an FFL might for thier own reasons want it from another FFL.

[DragonLW]

COBIS applies only to new handguns, which are shipped into NY State "DIRECTLY" from the manufacturer.

Any handgun that is Factory New In Box that made its first stop at an FFL in another state before coming to NY via a NY FFL technically does not require COBIS registration.

As always, verify with your local FFL.... :)

[Scott E White]

No, the handgun doesn't have to come directly from its maker, as NY has altered the definition of "Manufacturer" in this respect.

http://www.troopers.state.ny.us/FAQS/Firearms/CoBIS/
Second question in the NYSP's FAQ 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."

[FST]

not true you can ship a handgun to an FFL from a private individual, I have done this many times. Sometimes an FFL might for thier own reasons want it from another FFL.

I have also found that this is the case. I have previously contacted two major out of state manufacturers to have warranty work done on 2 different pistols. Both companies sent me an overnight shipping label and I took the gun to the shipper and off it went. No FFL on my end.

[Scott E White]

You've nailed it. Current owner to FFL holder, with intent to return, makes it perfectly legal. Only true when you already own the firearm, and ownership isn't being transferred.
I have returned an older Super Single Six to Ruger for warranty work a couple years ago, and I've had 'smith work done by gentlemen in two other states, as well.

[cpgor]

You've nailed it. Current owner to FFL holder, with intent to return, makes it perfectly legal. Only true when you already own the firearm, and ownership isn't being transferred.
I have returned an older Super Single Six to Ruger for warranty work a couple years ago, and I've had 'smith work done by gentlemen in two other states, as well.

Even if ownership is being transferred it is legal for a seller to ship to a valid FFL to transfer ownership of the pistol.

[Scott E White]

Here you go, I should have checked into this before I posted, as it's quite clear. The following quote is from the ATF Online section titled, "Unlicensed Persons Questions".
http://www.atf.gov/firearms/faq/unli...rms-additional

Q: May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Q: May a nonlicensee ship a firearm by common or contract carrier?

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

As to the receiving FFL holder, it's up to them if they choose not to receive from a private individual. Furthermore, all bets are off if you intend to ship into the state of California, as they have laws which make New York look good!