NY firearm laws

CAP Black · 10-05-2011, 10:32 AM

I am attempting to purchase a 1938 Luger from a person in NY. He says he must send the gun from a FFL to my FFL and that the C & R license has no validity in NY. Anyone have any knowledge of this slant on things?
I'm certainly not knowledgeable of these type ATF rules so I need your help.
Thanks
Jack

Edward Tinker · 10-05-2011, 11:02 AM

That is true for receiving into NY, I do not know if the opposite is true?

If I remember right when I bought my Simson 2031 from a dealer in NY, I had to have it sent to a FFL 01 -- figured if I wanted it, it was part of the game...

Curly1 · 10-05-2011, 11:39 AM

For Longarms you can ship to C&R in NY no handguns.

This is from the Penal code, not sure if it covers shipping or just plain destruction of the weapon.

16. Unlawful disposal. No person shall except as otherwise authorized pursuant to law dispose of any firearm unless he is licensed as gunsmith or dealer in firearms

lugerholsterrepair · 10-05-2011, 03:27 PM

Jack, People are ignorant of most laws. Me too sometimes..

he must send the gun from a FFL to my FFL and that the C & R license has no validity in NY.
Your C&R is not supposed to have any validity in NY..it is supposed to have validity in WV where you live. You are recieving the pistol and your license to recieve a C&R pistol from anyone is valid according to the Federal Govt. Federal laws always trump state laws.
Trouble is... It's hard to convince people of this.

ithacaartist · 10-05-2011, 04:22 PM

I'm a NYS resident, and it is true in my experience. If I had to send a Luger, it would have to be sent by my FFL guy. I've received my auction pieces, sent to him, then registered by me and, finally, transferred to me. On the registration form, his business is the one listed as my source, not RIAC. There seems to be variation in this by county, or perhaps by dealer, as one I talked with said he'd receive only from another FFL. I'm figuring RIAC has their own FFL and do not itemize a transfer fee in their numbers. They certainly tack on a hefty enough buyer's premium to be able to cover it.

David Parker

lugerholsterrepair · 10-05-2011, 04:52 PM

David..If I had to send a Luger, it would have to be sent by my FFL guy.

That may be the case yes..BUT why wouldn't an 01 FFL in NY send to a C&R in WV?

lew1 · 10-05-2011, 06:00 PM

Because the 01 FFLs in NY are scared and it is better to be safe than sorry.

I can understand that position.

lugerholsterrepair · 10-05-2011, 06:07 PM

Well..I am not an expert on NY gun laws. Perhaps it is what is required by the state.

As for fearing my Govt. " I can understand that position " It is a deplorable position to find oneself in.

10-05-2011, 10:32 AM	#1
CAP Black User Join Date: Dec 2008 Location: Fairmont, WV Right here in Mountaineer country and God's country Posts: 767 Thanks: 100 Thanked 168 Times in 96 Posts	NY firearm laws I am attempting to purchase a 1938 Luger from a person in NY. He says he must send the gun from a FFL to my FFL and that the C & R license has no validity in NY. Anyone have any knowledge of this slant on things? I'm certainly not knowledgeable of these type ATF rules so I need your help. Thanks Jack

10-05-2011, 11:02 AM	#2
Edward Tinker Super Moderator Eternal Lifer LugerForum Patron Join Date: Jun 2002 Location: North of Spokane, WA Posts: 15,912 Thanks: 1,989 Thanked 4,502 Times in 2,077 Posts	That is true for receiving into NY, I do not know if the opposite is true? If I remember right when I bought my Simson 2031 from a dealer in NY, I had to have it sent to a FFL 01 -- figured if I wanted it, it was part of the game... __________________ Edward Tinker ************ Co-Author of Police Lugers - Co-Author of Simson Lugers Author of Veteran Bring Backs Vol I, Vol II, Vol III and Vol IV

10-05-2011, 11:39 AM	#3
Curly1 User Join Date: Oct 2005 Location: Upstate New York Posts: 1,229 Thanks: 111 Thanked 702 Times in 364 Posts	For Longarms you can ship to C&R in NY no handguns. This is from the Penal code, not sure if it covers shipping or just plain destruction of the weapon. 16. Unlawful disposal. No person shall except as otherwise authorized pursuant to law dispose of any firearm unless he is licensed as gunsmith or dealer in firearms __________________ Laugh hard and often. Gary

10-05-2011, 03:27 PM	#4
lugerholsterrepair Moderator Lifetime Forum Patron Join Date: Jun 2002 Location: Arizona/Colorado Posts: 7,761 Thanks: 4,855 Thanked 3,101 Times in 1,427 Posts	Jack, People are ignorant of most laws. Me too sometimes.. he must send the gun from a FFL to my FFL and that the C & R license has no validity in NY. Your C&R is not supposed to have any validity in NY..it is supposed to have validity in WV where you live. You are recieving the pistol and your license to recieve a C&R pistol from anyone is valid according to the Federal Govt. Federal laws always trump state laws. Trouble is... It's hard to convince people of this. __________________ Jerry Burney 11491 S. Guadalupe Drive Yuma AZ 85367-6182 lugerholsterrepair@earthlink.net 928 342-7583 (CO & AZ) Year Round 719 207-3331 (cell) "For those who Fight For It, Life has a flavor the protected will never know."

10-05-2011, 04:52 PM	#6
lugerholsterrepair Moderator Lifetime Forum Patron Join Date: Jun 2002 Location: Arizona/Colorado Posts: 7,761 Thanks: 4,855 Thanked 3,101 Times in 1,427 Posts	David..If I had to send a Luger, it would have to be sent by my FFL guy. That may be the case yes..BUT why wouldn't an 01 FFL in NY send to a C&R in WV? __________________ Jerry Burney 11491 S. Guadalupe Drive Yuma AZ 85367-6182 lugerholsterrepair@earthlink.net 928 342-7583 (CO & AZ) Year Round 719 207-3331 (cell) "For those who Fight For It, Life has a flavor the protected will never know."

10-05-2011, 04:22 PM	#5
ithacaartist Twice a Lifer Lifetime Forum Patron Join Date: Mar 2011 Location: Atop the highest hill in Schuyler County NY Posts: 3,284 Thanks: 7,013 Thanked 2,478 Times in 1,320 Posts	I'm a NYS resident, and it is true in my experience. If I had to send a Luger, it would have to be sent by my FFL guy. I've received my auction pieces, sent to him, then registered by me and, finally, transferred to me. On the registration form, his business is the one listed as my source, not RIAC. There seems to be variation in this by county, or perhaps by dealer, as one I talked with said he'd receive only from another FFL. I'm figuring RIAC has their own FFL and do not itemize a transfer fee in their numbers. They certainly tack on a hefty enough buyer's premium to be able to cover it. David Parker

10-05-2011, 06:00 PM	#7
lew1 Lifer Lifetime Forum Patron Join Date: Aug 2002 Location: Kentucky Posts: 1,108 Thanks: 82 Thanked 204 Times in 112 Posts	Because the 01 FFLs in NY are scared and it is better to be safe than sorry. I can understand that position. __________________ charlie

10-05-2011, 06:07 PM	#8
lugerholsterrepair Moderator Lifetime Forum Patron Join Date: Jun 2002 Location: Arizona/Colorado Posts: 7,761 Thanks: 4,855 Thanked 3,101 Times in 1,427 Posts	Well..I am not an expert on NY gun laws. Perhaps it is what is required by the state. As for fearing my Govt. " I can understand that position " It is a deplorable position to find oneself in. __________________ Jerry Burney 11491 S. Guadalupe Drive Yuma AZ 85367-6182 lugerholsterrepair@earthlink.net 928 342-7583 (CO & AZ) Year Round 719 207-3331 (cell) "For those who Fight For It, Life has a flavor the protected will never know."