New York Firearms Forum banner
1 - 20 of 21 Posts

·
Registered
Joined
·
62 Posts
Discussion Starter · #1 ·
Today I was thinking of the hypothetical situation of two people from the same state conducting an FTF sale in another state. For example, could two people from NY go to a state such as PA or VT and perform an FTF sale in that state? In that case, the sale would be conducted in a state that does not require universal background checks, and the sale is still between residents of the same state. Is such a sale legal (assuming not felons, and all that stuff)? I'm not considering doing this (I am currently stationed in TX and can buy almost anything I want FTF since I'm legally a resident!), but was just curious if it was legal.
 

·
Registered
Joined
·
7,140 Posts
I think this was discussed ad nauseum when SAFE first passed. No sure anyone ever got a sure answer.
 

·
Registered
Joined
·
2,383 Posts
long gun...magazines....who would know ? Are we supposed to tattoo NY state on our foreheads and follow NY state laws wherever we go ? Same situation in another country...are we still "obligated" to follow NY sate ?......I think not.
 

·
Registered
Joined
·
62 Posts
Discussion Starter · #6 ·
long gun...magazines....who would know ? Are we supposed to tattoo NY state on our foreheads and follow NY state laws wherever we go ? Same situation in another country...are we still "obligated" to follow NY sate ?......I think not.
I agree with you. Handguns might even be ok in a state like VT (of course bringing them back to NY would be a crime). NY can not regulate what you do in another state. I'm not a lawyer, but it seems that if you go to another state and don't break any state laws or federal laws, you're gtg in my opinion.

Sorry if this was discussed in detail previously. I follow this board fairly regularly, but sometimes it can be a few weeks...
 

·
The artist formerly known as jhm8071
Joined
·
5,143 Posts
Isn't it against federal law to buy a firearm FTF in a state other than your residence?
 

·
Registered
Joined
·
5,168 Posts
Since its inception, I've yet to figure a way the state expects it can enforce the background check provision on regular long gun sales. They must have a full-fledged plan in waiting to require universal registration. That is the only way they can enforce it. Absent other factors, two legal gun owners can still easily exchange a legal long gun without anyone attached to the state becoming the wiser.
 

·
Registered
Joined
·
62 Posts
Discussion Starter · #9 ·
Isn't it against federal law to buy a firearm FTF in a state other than your residence?
Thats the question. 18 CFR 922 (full text here http://www.law.cornell.edu/uscode/text/18/922) says that it is illegal for

"any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to...[crap about bequeathed firearms and ones rented for sporting purposes] "

So, if the transferor and transferee both reside in the same state (nothing is said about the state in which the deal occurs) it could still be perfectly legal.
 

·
Registered
Joined
·
9,137 Posts
What about this, you wouldn't be breaking ny law but you would be breaking the law of the state you are in.

You are a non resident conducting a firearms transfer?
 

·
Registered
Joined
·
62 Posts
Discussion Starter · #12 ·
What about this, you wouldn't be breaking ny law but you would be breaking the law of the state you are in.

You are a non resident conducting a firearms transfer?
But you are selling to a person who resides in the same state as you. So you are not breaking federal law it would seem, and I doubt a state like Vermont has any laws about selling guns to people. Their gun laws fit on one page.
 

·
Registered
Joined
·
3,216 Posts
So, a list of states that do not have state specific transfers laws is in order.
 

·
Registered
Joined
·
3,568 Posts
Reading this thread pisses me off.
Nobody can answer all the questions regarding the gun laws we have on the books as it is but the antis want more "sensible" laws. Obey the laws? Impossible unless your an attorney. Aghhhh

To the OP, I would follow the list that Buell mentions (if there is such a thing)
 

·
Registered
Joined
·
7,542 Posts
hypothetically speaking.....How many firearms are in NYS that the state does NOT know about, ie: any LONG GUN you bought before they started using form 4473??? I would guess it would literally be a couple million.

Whats to keep anyone from going hunting in any part of the country with a group of friends and one friend admires another friends rifle and says "gee I have always wanted one of those" the other guy says, "I was going to sell it, give me $XXX.XX and it's yours" ..... they trade cash for a gun....everyone goes home happy.

Whats the state going to know or do about it? as long as both people are not Prohibited persons, what's the big deal?
 

·
Registered
Joined
·
9,137 Posts
But you are selling to a person who resides in the same state as you. So you are not breaking federal law it would seem, and I doubt a state like Vermont has any laws about selling guns to people. Their gun laws fit on one page.
It's hard to talk about this without knowing specific laws from other states.
The best example of this would be could two residents of PA drive to NY and conduct a sale? No way.
I am also not convinced this isn't a federal thing also, you are doing a transfer to an unlicensed person outside of your state of residence.
 

·
Registered
Joined
·
585 Posts
Living under the corrupt tyranny that is New York State, it is my opinion that the time is upon us when we each must be the judge of what is constitutional and responsible. We cannot rely on a state like this, that is so out of line with the majority of the other states that comprise this republic. You would be considered a felon here, and an upstanding citizen in the majority of other states for owning a non-registered full featured semi-auto rifle and for having a standard magazine for that rifle or the pistols that you own that were designed for 13,15,17 rounds. It is time to do what is right and trust who you sell to.
 

·
Registered
Joined
·
6,741 Posts
We shouldn't nee a lawyer to explain what is legal and illegal about a simple transaction of personal property. I understand you guys, and appreciate that you are just trying to do the right thing in the face of unjust, unconstitutional, political laws, but the simple fact that this conversation has to take place is disgusting to me.
Fuac! Fubo!
Robin
 

·
Registered
Joined
·
3,751 Posts
The way I see it, being a member of the military, you are a resident in both states. While in Texas, you are bound by Texas laws. Buy away.

However, once you bring the firearm into NY, it must be NY compliant.
 

·
Registered
Joined
·
8,391 Posts


What the hell is wrong with you guys? You best check to see if your Pee Pee is still there.
 
1 - 20 of 21 Posts
Top