You go on GunBroker. You buy a handgun from Joe Acme, licensed FFL in Snickers Ditch, Idaho. It is New, In the Box, with a fired cartridge.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."
It gets shipped to you, care of your receiving FFL. The shipping FFL is NOT *in the business of supplying pistols or revolvers to licensed dealers*...he is simply an FFL who sold a NY Resident a NIB firearm, and is shipping to said NY owner in accordance with Federal Law, which is through a receiving FFL. That fired cartridge is now not legally required to go into COBIS, because the handgun was not shipped in by someone engaged in business as a SUPPLIER of firearms. He is a DEALER, who sold to you over the Internet, and is now shipping to ANOTHER DEALER the gun you bought outside of NY State. (Interstate Commerce Clause has jurisdiction here, and the sale was assumed consummated in the state in which the sale was offered. Sale was consummated in Idaho. Idaho is NOT required to submit to NY COBIS system a fired cartridge.)
NY never address that loophole. Go and ask your own local FFL. They will tell you the same.
ANd yes, the NY State Police will tell you different, because they *want* your cartridge entered into the COBS database, regardless of what the actual law states.
Also, I'l point out that you took the answer to the second question out of context, because you didn't include the first question, and the second question with it to place it IN proper context.
From the site you linked to...
Key here is *RECEIVED INTO INVENTORY*. As the example I gave above, if you, I, or any NY resident bought a gun from a licensed FFL in another state through the internet, the recieving FFL here in NY is *NOT* receiving the firearm into his inventory with the express purpose of resale. He is simply the conduit for the shiping of a firearm to its legal owner, ie: the NY buyer.Q - What are the responsibilities of a licensed dealer in firearms upon receipt of pistols and revolver into inventory?
A dealer in firearms that receives a new pistol or revolver from a manufacturer on or after March 1, 2001, shall upon receipt, ensure that the firearm is accompanied by a properly completed and sealed approved container enclosing a ballistic sample.
Now, Question #2:
The question SPECIFICALLY SAYS WHOLESALERS. A licensed FFL is NOT a wholesaler. The question was asking if a *wholesaler* (otherwise known as a middleman in the supply chain) is exempt from the *Manufacturer* requirement. And the answer is correct, that a wholesaler is the same as a manufacturer, as it is his express business purpose to *supply* firearms to licensed dealers in the state.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.
A FFL in another state is NOT a wholesaler...he is a dealer. He is NOT in the business of supplying other FFLs with a supply chain to stock their NY State inventory of firearms. He is just a dealer who sold you a product, and is shipping said product in accordance with Federal Law.
Keep in mind, too, that the Penal Codes 400 and 265 were written BEFORE the internet became a viable way to do business. Hell, even the last time it was amended was in the pre-AOL and Prodigy days, when there was no such thing as a folks selling products online. Until the NY Legislature amends the law to say that the only way that a handgun can be brought into the state for sale is if it is new, and comes directly from a manufacturer or wholesaler, and that new gun sales from out of state are prohibited, then this loophole around the COBIS system (which has cost NY over 44 MILLION dollars and has solved absolutely ZERO crimes...bupkus..) will be in existence. It wasn't intentional, by any means.
But that kind of law would never stand judicial scrutiny, because it is a violation of the Commerce Clause of the Constitution.