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Little. Yellow. Different. Better.
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Discussion Starter · #1 ·
quick question: A friend wants to give me one of his rifles that he no longer uses as a gift. He is from another state. Does this have to go through an FFL? I know if is it a sale the answer is yes, but this is a gift... does that make a difference?
 

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Little. Yellow. Different. Better.
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Discussion Starter · #2 ·
quick question: A friend wants to give me one of his rifles that he no longer uses as a gift. He is from another state. Does this have to go through an FFL? I know if is it a sale the answer is yes, but this is a gift... does that make a difference?
 

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I think a better question would be how are you going to receive the rifle? If you are going there for Christmas you could receive it in person. If it is going to be mailed to you It is my understanding that it must be shipped to a FFL.

P.S I am not a lawyer nor did I stay at a Holiday Inn Express lastnight.

-Jim
 

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I think a better question would be how are you going to receive the rifle? If you are going there for Christmas you could receive it in person. If it is going to be mailed to you It is my understanding that it must be shipped to a FFL.

P.S I am not a lawyer nor did I stay at a Holiday Inn Express lastnight.

-Jim
 

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Little. Yellow. Different. Better.
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Discussion Starter · #5 ·
JimP said:
I think a better question would be how are you going to receive the rifle? If you are going there for Christmas you could receive it in person. If it is going to be mailed to you It is my understanding that it must be shipped to a FFL.

P.S I am not a lawyer nor did I stay at a Holiday Inn Express lastnight.

-Jim
Going to visit for the holidays... If I receive it in person can I bring it back?
 

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Little. Yellow. Different. Better.
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Discussion Starter · #6 ·
JimP said:
I think a better question would be how are you going to receive the rifle? If you are going there for Christmas you could receive it in person. If it is going to be mailed to you It is my understanding that it must be shipped to a FFL.

P.S I am not a lawyer nor did I stay at a Holiday Inn Express lastnight.

-Jim
Going to visit for the holidays... If I receive it in person can I bring it back?
 

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18 USC § 922. Unlawful acts
(a) It shall be unlawful-
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-
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(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Unless your friend is an FFL you need one on the New York side.

This isn't legal advice, if you need legal advice contact a licensed attorney in your jurisdiction.
 

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18 USC § 922. Unlawful acts
(a) It shall be unlawful-
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-
...
(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Unless your friend is an FFL you need one on the New York side.

This isn't legal advice, if you need legal advice contact a licensed attorney in your jurisdiction.
 

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SASI Firearms Chairman, LISAPA Training Committee
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In addition to bradleyjg's post, your should note that, if your friend is in a state which touches our state, you can do the transfer, without an FFL. NYS Penal Code follows:
Gary

Section 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 1968" (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.
 

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SASI Firearms Chairman, LISAPA Training Committee
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In addition to bradleyjg's post, your should note that, if your friend is in a state which touches our state, you can do the transfer, without an FFL. NYS Penal Code follows:
Gary

Section 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 1968" (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.
 

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Also remember that long guns are not tracked in this state.

-Jim
 

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Also remember that long guns are not tracked in this state.

-Jim
 

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What state are you going to/is he from?  Federal Law requires an FFL for long gun sales out of state, but you can take possession there, usually, if state law allows it.  Handguns will always have to be shipped FFL-FFL back home.
 

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What state are you going to/is he from?  Federal Law requires an FFL for long gun sales out of state, but you can take possession there, usually, if state law allows it.  Handguns will always have to be shipped FFL-FFL back home.
 

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Moved to out of state Licensing, closest match.

I am unaware of anything illegal about receiving and long arm as a gift and bringing it into NY. I would worry about the transporting from another state however. If I were to give you a rifle, in NY, a transfer is not necessary, although it might be helpful just "for the record".

I would call a local gun shop and ask. it is their job to know things like this, although they will lean towards shipping and an Transfer, usually around $40, just to stay on the safe side. Just do not use it for any roadside adventures on the way home and you should be fine.

I am not a lawyer, nor did I stay at a Holiday Inn, but I did save a bunch on my car insurance.
 

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Moved to out of state Licensing, closest match.

I am unaware of anything illegal about receiving and long arm as a gift and bringing it into NY. I would worry about the transporting from another state however. If I were to give you a rifle, in NY, a transfer is not necessary, although it might be helpful just "for the record".

I would call a local gun shop and ask. it is their job to know things like this, although they will lean towards shipping and an Transfer, usually around $40, just to stay on the safe side. Just do not use it for any roadside adventures on the way home and you should be fine.

I am not a lawyer, nor did I stay at a Holiday Inn, but I did save a bunch on my car insurance.
 

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Little. Yellow. Different. Better.
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Discussion Starter · #17 ·
emsjeep said:
What state are you going to/is he from? Federal Law requires an FFL for long gun sales out of state, but you can take possession there, usually, if state law allows it. Handguns will always have to be shipped FFL-FFL back home.
I'm in NY he is in FL. Road trip 8)! Not a handgun so I am ok there...
 

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Little. Yellow. Different. Better.
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Discussion Starter · #18 ·
emsjeep said:
What state are you going to/is he from? Federal Law requires an FFL for long gun sales out of state, but you can take possession there, usually, if state law allows it. Handguns will always have to be shipped FFL-FFL back home.
I'm in NY he is in FL. Road trip 8)! Not a handgun so I am ok there...
 

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Discussion Starter · #19 ·
JimP said:
Also remember that long guns are not tracked in this state.

-Jim
good point but but I want to follow the draconian laws of this state :yuck
 

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Little. Yellow. Different. Better.
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Discussion Starter · #20 ·
JimP said:
Also remember that long guns are not tracked in this state.

-Jim
good point but but I want to follow the draconian laws of this state :yuck
 
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