I can't wait for the PRNY Government to pass a law that states "it shall be illegal and a Class A Felony to think about defying the government," then have somebody tell me that the law is constitutional until the supreme court rules on it.
I just thought I'd pass that along.
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson
"A society that trades their freedoms for safety will in the end have neither" Benjamin Franklin
To me it sounds like some sort of discrimination. If anyone else can buy off the street why can't a ny resident. Seems like a lawsuit waiting to happen.
"Enhance yor calm " Dr. Raymond Cocteau Demolition Man
i was just recently in new hampshire. one store Rileys in hookset had no problem selling me and the lady ammo, 10boxes per day, 5.56 for $8.50 a box, really nice people and ammo prices were very resonable. but another store right down the road "shooters" also in hookset would not, said they wanted to see my pistol permit, needless to say i told them they just lost a customer for life...really thinking hard about moving to that area as well...
Been to Riley's many times. They sold me all the mags and ammo that I wanted to buy and didn't ask for ID.
Shooters Outpost doesn't entirely surprise me. They're owned and operated by the same folks that own the Manchester Firing Line. They have a LOT of people from more restrictive states (read: Massachusetts) come into the range and try to pull all sorts of crap.
A golf course is a deliberate and willful misuse of a perfectly good rifle range. - Lt. Col. David Grossman
I haven't purchased ammo from Dick's in a while - their prices are really out of whack. (So high the guy in the gun department advised me to go to Sports Authority because their prices are better).
Anyway... before they went nuts with prices I purchased some .45 colt at Dick's. The asked for my pistol license. Just to be annoying, I told them no - this is for a Marlin 1894 lever action rifle. They sold me the ammo without showing a license. While my Marlin is .45colt, I also have .45colt handguns. I just didn't want to show my license.
I also recently purchased ammo out of state in a large "chain" store. No ID of any kind requested.
While out of state stores are not bound by NY laws, they do have the right to set their own policies. If we don't like the policies, we can simply purchase elsewhere. It does end up being the store's loss. It amazes me that in this economy ANY store would be looking for a way to refuse business.
Who needs stringent laws when gun shops go overboard to cover their asses?
It seems a lot of resentment has developed around the country towards NYS. The whole state is being blamed for the SAFE Act and its possible influence on other states/federal gun restrictions. There has been an echo throughout the web that the gun industry should stop shipping/selling in NYS. Numerous companies in the industry have formally stated they are boycotting the state and the I guess gun shops are jumping on the bandwagon.
"It shall be lawful for a person or persons residing in this state, to purchase or otherwise obtain a rifle and/or shotgun in a contiguous state, and to receive or transport such rifle and/or shotgun into this state; provided, however, such person is otherwise eligible to possess a rifle and/or shotgun under the laws of this state."
I still can't find anything in either the federal code or PA law that specifically mandates that long gun purchases to non-residents can only be made to residents of a contiguous state.
EDITED TO ADD: http://www.nssf.org/factsheets/PDF/C...teRestrict.pdf
NSSF has a great primer on state contingency laws. Looks like there is no such federal law, and only CA, CO, DE, IL, MA, MD, NY, OH, and OR have them. (Of course, in NJ you need a non-resident FID to purchase a long gun if you're from out-of-state.)
Last edited by .357MagNYC; 06-09-2013 at 10:52 PM.
The NYS Law does NOT prohibit a purchase in a non-contiguous State. On the contrary it is a permissive law that was enacted to ALLOW the out of State purchase of a long gun in compliance with FEDERAL LAW at the time (since repealed).
There is no penalty for "violating" that law, and there is no prohibition in NYS law against buying a shotgun in Florida or Texas or wherever and bringing it back.
Anything which is not PROHIBITED in law, is therefore LEGAL.
You can not be charged with violating PL 265.40. There is no such charge. It is a PERMISSIVE law. NOT a prohibition. They could repeal it tomorrow (and should actually) and there would be no effect whatsoever. It does not prohibit anything.
It would be as if they passed a law that makes it "legal to drive a motor vehicle on a public highway". That would not make it illegal to drive a car in a parking lot. On it's own, it would not make it illegal to drive a truck on the highway. In fact, it would not make any behavior of any kind illegal.
How about a law that states: " A licensed driver may operate a passenger car". Absent a law prohibiting an UNLICENSED driver from operating a car, it would be meaningless.
That is the situation here. There WAS a FEDERAL LAW prohibiting a resident of a State from buying a long gun in another State, UNLESS the State passed a law to make it legal to do so. NY passed such a law. It was a "pro gun" law.
The Federal Law is gone. The State law is now meaningless, there is no Federal or State prohibition against buying a long gun out of State.
Firearms - Frequently Asked Questions - Unlicensed Persons | ATF
basically, everything has to go thru a dealer and no where does it say that a gun you buy has to be legal in your home state.
Yes, a dealer has to be on one end of the transaction. You either buy from a dealer, or receive from an individual through a local dealer.
However, it does state you must be legal in your home state (as well as the originating state):
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30
If the gun shop in the OP's original post was indeed visited by state police , assuming Pa. state police, but, any police, and there is no law restricting the sale of ammo to NY residents. Who unleashed this unlawful coercion by a state law enforcement agency? That should be looked into! All you NY ex-patriots now residing there should demand an investigation into this unlawful abuse of power. Heck all residents should demand an investigation! Your next!
I guess, technically, that would be okay. The dealer might get in trouble with the feds - but then, no violation was committed if the person modified the gun prior to crossing the state line. They were legal in PA when they bought it and legal in NY when they crossed the border.
I remember being in Cabela's pre-SAFE and looking at ARs. They did not have anything NY compliant so I didn't bother to ask. The person and I discussed what constituted NY compliant - he didn't say he would not sell me one, but didn't say he would either. Interesting question. I would still think a dealer would not want to deal with the heat of selling something when they know it is illegal where you claim to be bringing it, or trusting you to make it legal.