New York Firearms Forum banner

1 - 8 of 8 Posts

·
Registered
Joined
·
202 Posts
Discussion Starter #1
I was recently discussing the topic of out-of-state long gun purchases with a friend. I told him that I didn't think it was possible to purchase and transport from a state that didn't border NY, unless it was purchased and shipped between FFLs. I know this topic has been discussed here before, but after reading some older threads and references to various codes / laws, I'm having trouble fully interpreting where Fed and State law does or doesn't prevent the purchase and transport from a non-contiguous state.

He said that he's purchased in other non-neighboring states in the past, and after the gun shop / pawn shop ran a NICS check, he was able to walk out the front door and drive it back to NY. I know of a few other people that have done this in the past as well. Does this sound right? What data is collected from the NICS check or the store from a sale? Would you be setting yourself up for trouble down the road, as far as an agency verifying the purchase and how the rifle was brought back to your home state?

From discussion in this thread, http://www.nyfirearms.com/forums/laws-politics/25075-buying-long-guns-n-hampshire.html, it sounds you could buy a long gun and transport it to your home state, regardless if it's a non-contiguous state, as long as you're within the law to own / possess, and that the firearm does not violate any state / local law where you reside. I apologize if I'm asking a question that has already been covered in the past, but if anyone cares to comment I'd appreciate it. Thanks!
 

·
Registered
Joined
·
1,188 Posts
NY state law prohibits long gun purchases and transport in from non-contigous states. PL 265.40(2) However not all states have that same restriction and they aren't expected to know NYS law. If you buy a long gun from a non-contiguous state you need to ship it FFL to FFL.

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.
 

·
Registered
Joined
·
202 Posts
Discussion Starter #5
Thanks Jeff. I guess that clears things up.

The excerpt below is from ATF Tip of the Month, (Oct 2010 archive).

October

  • 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.
    FFLs who have questions about particular State laws should contact their nearest ATF office.
 

·
Registered
Joined
·
1,049 Posts
NY state law prohibits long gun purchases and transport in from non-contigous states. PL 265.40(2) However not all states have that same restriction and they aren't expected to know NYS law. If you buy a long gun from a non-contiguous state you need to ship it FFL to FFL.
You're kidding me. I have been under the impression that to buy something in PA and bring it to NY, I had to go through FFL's. Fantastic. This makes rifle buying and selling MUCH easier.
 

·
Formerly SRV1
Joined
·
4,720 Posts
You're kidding me. I have been under the impression that to buy something in PA and bring it to NY, I had to go through FFL's. Fantastic. This makes rifle buying and selling MUCH easier.
That only applies to handguns. Any state touching borders with NY, you can buy a long gun in that state and bring it back to NY. Of course the long guns have to meet NYS criteria. You will find that some stores will not sell you a long gun because you do not live in that state. Places like Gander Mountain will not sell you a long gun in PA if you are a NY resident even though it is legal.

James
 
1 - 8 of 8 Posts
Top