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Hello everyone,

I'm a graduate student in Rensselaer County who's starting to get into shooting. I'm originally from southern NH, but I did my undergrad here at the same college, and will be living in NY for several more years as I finish my graduate degree. I have an apartment in the county, and the lease/utilities are in my name. My question is: is it legal for me to buy guns from an FFL in NY, with a NH driver's license?

Bonus question: can I buy an AR-15 stripped lower in NY?
 

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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]
 

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Not good advice in my opinion. If he buys in NY from a licensed dealer, he can be sure (especially because he's just getting into shooting) that he's buying a NYS AWB compliant weapon. If he accidentally buys a $1200 non compliant rifle in NH... either he won't be able to use it here which is a waste of money, or he'll become an offender which is much worse.

Buy locally, and bring your phone bills and lease with you. You won't have a problem.

Keith
 

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Not good advice in my opinion. If he buys in NY from a licensed dealer, he can be sure (especially because he's just getting into shooting) that he's buying a NYS AWB compliant weapon. If he accidentally buys a $1200 non compliant rifle in NH... either he won't be able to use it here which is a waste of money, or he'll become an offender which is much worse.

Buy locally, and bring your phone bills and lease with you. You won't have a problem.

Keith
You don't have to bring any kind of NY residence proof. Just an ID. You can go to any other state and buy a rifle then bring it back to ny as long as it's compliant and as long as you are transporting it legally.
 

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You don't have to bring any kind of NY residence proof. Just an ID. You can go to any other state and buy a rifle then bring it back to ny as long as it's compliant and as long as you are transporting it legally.
Is he considered a legal resident of NY? If so, he can buy any long gun from states touching NY's border and he must make sure they are NY compliant. He can buy a long gun in his state and bring it to NY as long as it is NY compliant. All other states he would have to buy it there and have it shipped. Right?

James
 

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Is he considered a legal resident of NY? If so, he can buy any long gun from states touching NY's border and he must make sure they are NY compliant. He can buy a long gun in his state and bring it to NY as long as it is NY compliant. All other states he would have to buy it there and have it shipped. Right?

James
It sounds like he still has a NH driver's license so he's technically still a NH resident.

The contiguous state language in the federal gun control act of 1968 is irrelevant these days after the implementation of NICS.

As someone quoted from the ATF's Faq page, as an out of state resident, you can buy a long gun in any of the 50 states so long as it is legal for you to posses both in the state you are in, and your home state.

Bonus Question: NO you cannot buy a stripped AR lower because it is classified as an "Other" on the ATF form 4473. It is treated as a handgun, which means you can only buy one in your state of residence and the age requirement is 21. The reasoning behind this is that it could technically be built into a pistol.
 

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If he goes to another state to buy a rifle, there's little chance that the gun dealer in the other state will know the ins and outs of NYs AWB. Best bet is to buy from an FFL in NY, and like others have said, that is legal regardless of which other state you live in.
 

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You don't have to bring any kind of NY residence proof. Just an ID. You can go to any other state and buy a rifle then bring it back to NY as long as it's compliant and as long as you are transporting it legally.
though not required to by law some stores will only sell to residents on NY, and will require NY ID or proof of residence, so contact the store first to see if they do.
 

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There is one problem you guys have missed. While it is now legal for anyone to purchase a rifle from an FFL in any state...by federal law....PL 265.40 still restricts NYS residents to "contiguous" state purchase.

IMHO: Purchase in NY...Ban compliant, and not contiguous problems. Your leese and utility bills will cover you for your residence requirements.
 

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Well, here's how it reads:

S 265.40 Purchase of rifles and/or shotguns in contiguous states. Definitions. As used in this act: 1. "Contiguous state" shall mean any state having any portion of its border in common with a portion of the border of the state of New York; 2. All other terms herein shall be given the meaning prescribed in Public Law 90-618 known as the "Gun Control Act of l968" (18 U.S.C.921). 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.
Notice that it doesn't expressly say it's ILLEGAL to purchase long guns in NON contiguous states. It just says that it's legal to purchase in a contiguous state. It also said that all terms should be given the meaning as proscribed in the federal gun control act.

From the ATF:

Contiguous States. The "contiguous state" provisions of the Gun Control Act (GCA), as enacted in 1968, allowed nonlicensed purchasers to acquire long guns from Federal firearms licensees (FFLs) located in a State contiguous to the State in which the purchaser resided if (1) the purchaser's State of residence permitted such sale and (2) the sale fully complied with the legal conditions of sale in both such contiguous states.

This provision of the GCA was amended in 1986 to allow FFLs to sell or dispose of long guns to residents of any other state (not just contiguous states) provided - (1) the transferee meets in person with the FFL to accomplish the transfer; and (2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer's and seller's States.
A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such "contiguous state" State laws as prohibiting sales to residents of noncontiguous states.
ATF does not read State laws that refer to "contiguous states" as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State's law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.
ATF Online - Firearms - Industry - FFL Tip of the Month
 
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