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Get the latest facts on the new NY SAFE gun laws that effect you!

Handgun legalities


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12 replies to this topic

#1 sbninja

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Posted August 29 2009 - 09:14 AM

Hi all,

I recentally read a post on another forum, about someone living in New Jersey. His friend bought a house, and found a war-time 1911, and questioned on how to legally keep/register the pistol.


I was curious about this "scenario" here in NY, Suffolk County Long Island. If you have a pistol permit, and find a old war time pistol, could it be registered here?

#2 reodds

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Posted August 29 2009 - 10:34 AM

In my non legal opinion, I would think you have to turn it in to the local PD.  They would run a check to see if it were involved in any nefarious acts.  If it checks out o.k., you would be able to add it to your permit.
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#3 bobtorre

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Posted August 29 2009 - 11:23 AM

reodds said:

In my non legal opinion, I would think you have to turn it in to the local PD.  They would run a check to see if it were involved in any nefarious acts.  If it checks out o.k., you would be able to add it to your permit.

and how do they exactly do that?  It maybe a long time before you see it again.  I am not sure how a gun can be clear quickly or at all of every possible unsolved hand gun related crime in the nation.  Do they have the technology?  

I am really curious.  Maybe I'll create a new thread.
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#4 T.Webb

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Posted August 31 2009 - 05:37 PM

As I know it, they do a serial number search to make sure the gun isn't stolen. That will definitely take over 4 months. And as much as 8 months to a year. Hopefully, the gun will still be in the property clerks office a year from now. And with no rust.

Or, you could take the gun to Vermont or Pennsylvania and pay $25-50.00 to have it transferred to a NY FFL holder. Take possession and do the registration run. But, if the gun has a history that isn't good, it may come back to bite you.

I went through a similar situation. A client was so happy with my services, he gave me an old handgun he had. I took the gun out of the County and hid it. Twenty years later, I got my permit and determined the gun to be forty years old. Twenty years safely in my possession, and twenty years of unknown history. After jumping through the Suffolk County hoops, I was determined to NOT lose my permit over something stupid. So, for me at least, the right thing to do was throw the gun in a lake.

Besides, for me at least, it wasn't a gun that I wanted to own.

Maybe Ms. Murtha can chime in for legalities sake. But I don't have a snorkel or mask. :)
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#5 Gary_Hungerford

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Posted September 01 2009 - 08:49 AM

Folks:
    This is the same scenario as an estate administrator finding an unregistered handgun, among the possessions of the estate. The proper procedure is to turn it in, to the local LEO, in our case Suffolk PD (Yaphank) or Suffolk Sheriff (Riverhead), with an explanation of how you obtained possession. They will have the serial number traced, to see if it's clean and, if it is, they will arrange to have it added to your handgun license. The process will take a few to several months. If the handgun is "dirty," it will be retained, as evidence, if so needed or destroyed.
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#6 MMurtha

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Posted September 01 2009 - 11:03 AM

Gary_Hungerford said:

Folks:
    This is the same scenario as an estate administrator finding an unregistered handgun, among the possessions of the estate. The proper procedure is to turn it in, to the local LEO, in our case Suffolk PD (Yaphank) or Suffolk Sheriff (Riverhead), with an explanation of how you obtained possession. They will have the serial number traced, to see if it's clean and, if it is, they will arrange to have it added to your handgun license. The process will take a few to several months. If the handgun is "dirty," it will be retained, as evidence, if so needed or destroyed.
Gary

+1. Same rules for any lost/found property. The proper procedure would be to turn it over to local LEO, and if not claimed within a certain period of time, you can stake a claim to it.

As a purely academic argument, it would be interesting to see what happens if someone claims that they "purchased" the handgun with the house, therefore it's their property. How many state and federal crimes would they be charged with? Would the seller of the house then be arrested for selling a handgun? :popcorn
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#7 _

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Posted September 01 2009 - 11:07 AM

MMurtha said:


+1. Same rules for any lost/found property. The proper procedure would be to turn it over to local LEO, and if not claimed within a certain period of time, you can stake a claim to it.

As a purely academic argument, it would be interesting to see what happens if someone claims that they "purchased" the handgun with the house, therefore it's their property. How many state and federal crimes would they be charged with? Would the seller of the house then be arrested for selling a handgun? :popcorn

That would be my logic - I bought the house and its contents, I own the gun - would he be able to walk away owning the firearm or not. Also would the seller be charged with the sale lol. interesting.

#8 FatWhiteMan

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Posted September 06 2009 - 09:01 AM

T.Webb said:

Or, you could take the gun to Vermont or Pennsylvania and pay $25-50.00 to have it transferred to a NY FFL holder. Take possession and do the registration run. But, if the gun has a history that isn't good, it may come back to bite you.

Be careful as you could be in violation of Federal laws with this scenario.  I believe you need to transfer it from NY to the other state via FFL to be legal.

Not knowing NY law, can an FFL transfer a gun to another FFL (in another state) without it being registered to an individual? In other words, when does a handgun require local paperwork? When it leaves an FFL to transfer to an individual? If so, then you could be legal by having a NY FFL transfer it to an out of state FFL.

You guys have so many hoops to jump through and I am amazed every time I read a new, similar post.  Here's the process at home: uncle Frank died and he had a bunch of guns in his closet including some that he brought back from WW2 and have been in storage ever since.

Aunt Mildred: "Do you want Frank's guns?"
Nephew Bill: "yup."
Aunt Mildred: "Ok, here you go"
Nephew Bill: "Thank you."

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#9 artburg

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Posted September 06 2009 - 09:39 AM

T.Webb said:

As I know it, they do a serial number search to make sure the gun isn't stolen. That will definitely take over 4 months. And as much as 8 months to a year. Hopefully, the gun will still be in the property clerks office a year from now. And with no rust.

Or, you could take the gun to Vermont or Pennsylvania and pay $25-50.00 to have it transferred to a NY FFL holder. Take possession and do the registration run. But, if the gun has a history that isn't good, it may come back to bite you.

I went through a similar situation. A client was so happy with my services, he gave me an old handgun he had. I took the gun out of the County and hid it. Twenty years later, I got my permit and determined the gun to be forty years old. Twenty years safely in my possession, and twenty years of unknown history. After jumping through the Suffolk County hoops, I was determined to NOT lose my permit over something stupid. So, for me at least, the right thing to do was throw the gun in a lake.

Besides, for me at least, it wasn't a gun that I wanted to own.

Maybe Ms. Murtha can chime in for legalities sake. But I don't have a snorkel or mask. :)
So basically you posted here to admit to you felony???

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#10 Broussard

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Posted September 11 2009 - 09:40 PM

FFL to FFL doesn't abide by local laws.  I was in NY in August and saw a Kimber in Uniondale.  I could purchase the gun at the store without a NYS permit and have them ship it to my FFL down here in Lafayette, LA.  The local FFL is responsible for local law administration.  There is no registration requirement down here for any type of gun, handgun, long gun, shotgun etc.  Hell, we even have Class 3 fully auto machineguns down here.

#11 Gary_Hungerford

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Posted September 12 2009 - 08:31 AM

FatWhiteMan said:


Be careful as you could be in violation of Federal laws with this scenario.  I believe you need to transfer it from NY to the other state via FFL to be legal.

Not knowing NY law, can an FFL transfer a gun to another FFL (in another state) without it being registered to an individual? In other words, when does a handgun require local paperwork? When it leaves an FFL to transfer to an individual? If so, then you could be legal by having a NY FFL transfer it to an out of state FFL.

You guys have so many hoops to jump through and I am amazed every time I read a new, similar post.  Here's the process at home: uncle Frank died and he had a bunch of guns in his closet including some that he brought back from WW2 and have been in storage ever since.

Aunt Mildred: "Do you want Frank's guns?"
Nephew Bill: "yup."
Aunt Mildred: "Ok, here you go"
Nephew Bill: "Thank you."

   Long guns are not registered, in NY, except in NYC. Yes an FFL can transfer to any other FFL. Handguns, in many states, are not registered, either. In those states, the sending FFL merely needs to accept it, from a handgun-licensed individual, to transfer it to another FFL, in any other state.
Gary

#12 Mr. Shotgun

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Posted September 12 2009 - 09:40 AM

Broussard said:

FFL to FFL doesn't abide by local laws.  I was in NY in August and saw a Kimber in Uniondale.  I could purchase the gun at the store without a NYS permit and have them ship it to my FFL down here in Lafayette, LA.  The local FFL is responsible for local law administration.  There is no registration requirement down here for any type of gun, handgun, long gun, shotgun etc.  Hell, we even have Class 3 fully auto machineguns down here.

Lucky you..... lol

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#13 BadKarma

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Posted September 12 2009 - 11:09 AM

I was reading the same thread over on arfcom, looks like the wifes father is taking it.  Damn shame since the guy did a great job restoring it.  
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