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

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Transferring handguns to family, post-SAFE

transferring handguns to family post safe

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12 replies to this topic

#1 Tomcat017

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Posted August 04 2014 - 08:39 PM

Hello All,

I wanted to check with a few of you here and make sure I have this straight. I want to transfer several handguns to a family member (also a Suffolk res, with permit). If I'm not mistaken, in the old days, we could both show up at pistol license section with the firearms, pay the appropriate amendment fees, and have the handguns transferred.

How does this work post-SAFE? All transfers have to go through an FFL with a NICS check? Does this mean...I have to give the guns to an FFL, travel to Yaphank to have them removed while my family member travels to Yaphank to get purchase docs, then drive back to the FFL, get the firearms with the purchase docs, then drive BACK to yaphank to have them inspected? Any idea what an FFL would charge per firearm for this luxury?

Thank you in advance guys,

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#2 Walker1847

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Posted August 04 2014 - 08:52 PM

See Chapter 3 of the SCPD Pistol License Handbook PDCS-4000m-Rev-01-14

Basically, yes - but your relative must have the receipt from the FFL before they can get the purchase docs.

FFL will give one receipt to you for taking the guns in (you "sell" to the FFL) and FFL with give one receipt to your relative (your relative "buys" the guns from the FFL).
You use your receipt to get them off your license, your relative uses his receipt to get the purchase docs.
You're done, relative is not.
Relative goes back to FFL with purchase docs to pick up guns, gets *NICS check and purchase docs filled in..
Relative goes back to Yaphank with filled in purchase docs and guns to get them on their license.

Call Jerry's Firearms

*The NICS check requirement does not apply to transfers between members of an immediate family as defined by New York State General Business Law.

General Business Law
Section 898:
Private sale or disposal of firearms, rifles and shotguns


1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC § 922, when such sale, exchange or disposal is conducted pursuant to that person’s federal firearms license or such sale, exchange or disposal is between members of an immediate family. For purposes of this section, "immediate family" shall mean spouses, domestic partners, children and step-children.

Edited by Walker1847, August 04 2014 - 09:29 PM.

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#3 Huntington Guy

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Posted August 04 2014 - 09:00 PM

Isn't there an exception for immediate family members?

#4 mongo

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Posted August 04 2014 - 09:04 PM

This crap is making me dizzy just thinking about it.......When is election day?
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#5 bberetta1

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Posted August 04 2014 - 09:06 PM

Isn't there an exception for immediate family members?

I thought that was only for long guns?
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#6 Harmony Hermit

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Posted August 05 2014 - 07:00 AM

This crap is making me dizzy just thinking about it.......When is election day?


The only type of voting that matters these days is voting with your feet.
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#7 FULL METAL JACKET

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Posted August 05 2014 - 07:08 AM

Jerry's in Bohemia is $25/ gun. He's one of the cheapest and it will be a super smooth transaction
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#8 rtl402

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Posted August 05 2014 - 07:27 AM

Call the pistol bureau. I transferred a handgun from my wifes license to mine at the PLB without going to a FFL. May be different if its not immediate family but check with them first. If they give you the ok to just come in get the officers name and ask for them when you get there

#9 Tomcat017

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Posted August 05 2014 - 10:22 AM

Just called PLB and they said to come on down - they'd do the transfer right there, no need for an FFL. Out of curiosity and the ingrained habit of CYA required in this state: does anyone know exactly (1) where in the law the requirement to go through an FFL for all in-state sales (new as per the SAFE act) is, and (2) where the exception is for immediate family members?

Thank you guys!

Think I found it - it looks like it is all in GBL Article 39-DDD, which is presumably where section 898 is found that Walker posted above (thank you!). Also found a confirmation in the NYSP SAFE act guide.

#10 The Architect

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Posted August 05 2014 - 10:41 AM

Immediate family members DO NOT require FFL!

2. Immediate Family Exemption
There is an exception to the requirement of a background check for transfers of weapons
between immediate family members. The term “immediate family members” is limited
by statute to:
• Spouses
• Domestic Partners
• Children
• Step-children

Attached Files



#11 cprstn54

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Posted March 08 2017 - 09:52 AM

Just looked into this and the steps are not obvious from the Suffolk Handbook.

 

Let's say you and your wife are licensed and all the guns are on your license.

 

If you get sick and want to transfer all the guns to her license, this is what you have to do if both of you are unable to visit Yaphank together with the guns:

 

1) Execute a durable power of attorney. You should both already have done this for estate planning purposes.

 

2) Wife visits Yaphank with both licenses and power of attorney. Yaphank will issue transfer documents for all the guns.

 

3) Wife returns to Yaphank with the guns and licenses and new licenses will issue.

 

It can't legally be done in one step because until the transfer docs are issued, wife can't legally possess your guns.

 

Probably it can be done in one step but it is not strictly legal. Officer at the licensing bureau at first suggested the one step procedure but reverted to two when I pointed out the technical illegality of wife possessing guns not on her license.

 

It is pretty evident that no one is an expert on all the ramifications of the Suffolk rules.

 

Easiest is if you both can visit Yaphank together. Then you bring the guns and licenses and they do it all in one visit.

 

Ken C



#12 bill3rail

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Posted March 08 2017 - 10:01 AM

Another dredging of the depths...



#13 NRATC53

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Posted March 08 2017 - 10:17 AM

Just looked into this and the steps are not obvious from the Suffolk Handbook.

 

Let's say you and your wife are licensed and all the guns are on your license.

 

If you get sick and want to transfer all the guns to her license, this is what you have to do if both of you are unable to visit Yaphank together with the guns:

 

1) Execute a durable power of attorney. You should both already have done this for estate planning purposes.

 

2) Wife visits Yaphank with both licenses and power of attorney. Yaphank will issue transfer documents for all the guns.

 

3) Wife returns to Yaphank with the guns and licenses and new licenses will issue.

 

It can't legally be done in one step because until the transfer docs are issued, wife can't legally possess your guns.

 

Probably it can be done in one step but it is not strictly legal. Officer at the licensing bureau at first suggested the one step procedure but reverted to two when I pointed out the technical illegality of wife possessing guns not on her license.

 

It is pretty evident that no one is an expert on all the ramifications of the Suffolk rules.

 

Easiest is if you both can visit Yaphank together. Then you bring the guns and licenses and they do it all in one visit.

 

Ken C

A person CAN legally possess handguns (with a license or not) for the purpose of bringing them to the licensing authority- It's in Penal Law. Please don't point things out to PLB that aren't there


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