Transfer NYS Registered Assault Rifle Back to NY From NC. - NYS and NYC Discussions (licensing/laws) - Long Island Firearms

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Transfer NYS Registered Assault Rifle Back to NY From NC.

transfer nys registered assault rifle back to ny from nc

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80 replies to this topic

#1 DEUCE

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Posted August 17 2016 - 07:53 PM

I moved to North Carolina last year and transferred my NYS Registered Assault Rifle to a FFL in NC. I just moved back to NY and want to know if I can transfer that rifle back to NY.

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#2 nitroscope8

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Posted August 17 2016 - 09:13 PM

Nope.

#3 zzrguy

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Posted August 17 2016 - 09:35 PM

I believe you cant.

But for all it worth the lower is registered you could build a NY compliant lower and put your upper on that and have a NY compliant gun. The sell you old lower out of state. That is all legal from my understanding of the SAFE Act.

#4 Parashooter

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Posted August 17 2016 - 09:35 PM

Why did you go through an FFL? A rifle you just pack in the car and go.... And the same to come back.

You didn't "transfer" it to another person - Just shipped it to yourself, via an FFL - Then I would think you CAN bring it back, since ownership never changed - and as you said it IS registered to you.
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#5 only7rounds

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Posted August 17 2016 - 10:36 PM

If you never notified them, I think it is still a registered andy gun?

#6 M1014

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Posted August 17 2016 - 11:55 PM

If you never notified them, I think it is still a registered andy gun?


(I feel the same way)

IANAL but if you never notified NYSP you sold/transferred the "AW", you should be OK

#7 grifhunter

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Posted August 18 2016 - 02:22 AM

Is what you are describing is you sending your registered AW to an FFL in North Carolina? Why did you do that?

Anyway, if you did do that and the FFL turned the AW over to you in NC, it was still always owned and possessed by you. I don't see any exception in the SAFE act that would prevent you from continuing the ownership since its registered. But I am not your lawyer.
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#8 class3

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Posted August 18 2016 - 06:21 AM

There's nothing wrong with taking it back. You disposed of it legally according to the law, which ticks the box on one section of law. And it's not an assault weapon under another section of law because you registered.

There's nothing that takes away that second exemption because you transferred it legally and temporarily. Not does taking it out of state alter that.

#9 Phoenix69

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Posted August 18 2016 - 06:44 AM

The Safe Act is freaked up!

#10 VtwinHP

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Posted August 18 2016 - 07:22 AM

Sounds like you just sent your gun through an FFL because you were to busy to drive it down with you for your holiday. And now your just going to drive your registered gun back home. Many people ship their firearms through FFLs for competitions or hunting trips so you should be good. Bigger question should be Why in the hell would you come back?
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#11 covertjy

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Posted August 18 2016 - 07:25 AM

This should clear it up...


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#12 Parashooter

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Posted August 18 2016 - 07:47 AM

There's nothing wrong with taking it back. You disposed of it legally according to the law, which ticks the box on one section of law. And it's not an assault weapon under another section of law because you registered.

There's nothing that takes away that second exemption because you transferred it legally and temporarily. Not does taking it out of state alter that.


BUT - he didn't "Dispose" of it - he sent it to himself, via an FFL for safekeeping... AND he did not "transfer" it - as ownership never changed.

Also - it IS an 'assault weapon' - BECAUSE IT *IS* registered.

Ownership never changed, and there was no 'disposal' - just a shipment through an agent. was and is always HIS property.
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#13 hoodfu

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Posted August 18 2016 - 08:20 AM

As someone who's had my eye on North Carolina, what part of the state did you move to and why are you moving back?

#14 class3

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Posted August 18 2016 - 09:02 AM

BUT - he didn't "Dispose" of it - he sent it to himself, via an FFL for safekeeping... AND he did not "transfer" it - as ownership never changed.

Also - it IS an 'assault weapon' - BECAUSE IT *IS* registered.

Ownership never changed, and there was no 'disposal' - just a shipment through an agent. was and is always HIS property.


I disagree. Who owned title to it when it was in the FFLs inventory (hint: not the sender)? If the FFL went bankrupt would that gun have been part of the bankruptcy estate? If the FFL sold his gun to a 3rd party, would the 3rd party have good title and the original owner only an unsecured breach of contract claim against the FFL?

#15 CITYREPO61

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Posted August 18 2016 - 09:08 AM

I disagree. Who owned title to it when it was in the FFLs inventory (hint: not the sender)? If the FFL went bankrupt would that gun have been part of the bankruptcy estate? If the FFL sold his gun to a 3rd party, would the 3rd party have good title and the original owner only an unsecured breach of contract claim against the FFL?


The ffl does have to put it in his book but since there was no transfer of ownership wouldn't the ffl simply be the "transfer agent". The ffl is not taking the firearm for sale simply to transfer it for the "real owner"

#16 CITYREPO61

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Posted August 18 2016 - 09:13 AM

Don't know why I can't edit my post.
Additionally, because I pay ups to ship my rifle (legal without an ffl) does that mean UPS owns it?
Excuse me if my logic is way off.

#17 Bat21

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Posted August 18 2016 - 11:20 AM

I just quickly re-read the law and this is a grey area. If you temporarily went to North Carolina, even for a number of months or even years, with the full intention to return to NY, then I think you're in the clear. And you did mean to come back, of course! If so, you remained a NY domiciliary (a NY'er) even if you were temporarily residing somewhere else. If you maintained a NY address in any form (even at your parents, sibling, etc.), again better. Anything to show continuing contact with NY during this period of time. Did you change your drivers license? Did you still get any bills in NY? Etc. No one thing is controlling on this point, It's an amalgamation of your actions. Lastly, if you didn't tell them you were leaving the state with your gun, how are they going to know? The fact that you did not advise them of a "transfer" event could be seen as evidence of your intention to return to NY. I don't think shipping it through an FFL to yourself makes any difference. Just an expensive, but secure, way of moving it to your temporary residence.

#18 Parashooter

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Posted August 18 2016 - 11:43 AM

I disagree. Who owned title to it when it was in the FFLs inventory (hint: not the sender)? If the FFL went bankrupt would that gun have been part of the bankruptcy estate? If the FFL sold his gun to a 3rd party, would the 3rd party have good title and the original owner only an unsecured breach of contract claim against the FFL?


To answer - Yes, the sender. No, the shop didn't OWN the property, only possessed it. YES - the FFL the original owner would have a claim against the FFL



Don't know why I can't edit my post.
Additionally, because I pay ups to ship my rifle (legal without an ffl) does that mean UPS owns it?
Excuse me if my logic is way off.


Exactly - How many of us have ordered a firearm, had it shipped to the local FFL and been told "sorry, we sold it to someone else" None. Because the FFL is acting as an agent for the owner.

If a firearm goes into a shop for repair - it goes into the book - it does NOT belong to them. that's no different.
If a firearm is brought in to be sold on consignment - it does NOT belong to them - the owner can retrieve it at any time.

Ownership and Possession are different animals.

#19 class3

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Posted August 18 2016 - 03:56 PM

To answer - Yes, the sender. No, the shop didn't OWN the property, only possessed it.



So is it your assertion that title is being transferred directly from seller in State A to buyer in State B? That contravenes 18 USC 922(a)(5). At best you can say the FFL has voidable title.

YES - the FFL the original owner would have a claim against the FFL


Not under UCC 2-403 (except in Louisiana maybe). The seller and buyer are left only with an unsecured claim against the FFL and cannot recover the gun from the purchaser.



Exactly - How many of us have ordered a firearm, had it shipped to the local FFL and been told "sorry, we sold it to someone else" None. Because the FFL is acting as an agent for the owner.

If a firearm goes into a shop for repair - it goes into the book - it does NOT belong to them. that's no different.
If a firearm is brought in to be sold on consignment - it does NOT belong to them - the owner can retrieve it at any time.

Ownership and Possession are different animals.


Title and possession are two different issues but separating them in this case contravenes the regulatory scheme of the GCA. The seller/buyer can recover title from the FFL but if the FFL is in bankruptcy replevin is not possible and if sold the voidable title becomes good title in the purchaser.

#20 Parashooter

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Posted August 18 2016 - 04:02 PM

So is it your assertion that title is being transferred directly from seller in State A to buyer in State B? That contravenes 18 USC 922(a)(5). At best you can say the FFL has voidable title.


There is NO TRANSFER OF OWNERSHIP here - He sent it TO HIMSELF - CARE OF an FFL
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