Is it possible to "legalize" a handgun illegally owned by another person?

[Brodirt]

This may be a complex issue and it does involve the permit process so I think its appropriate here.
My 92yo father in law who is in failing health recently disclosed to me that when he returned home from combat in the European theater he brought a Walther P38 home with him.
He actually thought it was a Luger but when he took it out, for the first time in 70 years he says, it was clearly a P38, sans firing pin.
He does not have a permit and he wants to give it to me.
I am currently waiting for the issuance of my permit.
Is there any way to legalize this gun by adding it to my permit when issued?

 

[Carlos Hathcock]

Welcome

 

[Brodirt]

Welcome

Greetings, thank you.

 

[MilesTeg]

I doubt you will get a good enough response here. I would consult a lawyer and proceed with what he advises. I do believe I have heard of people doing what you described above but IDK how they did it or what type of risks were involved.

Welcome aboard.

 

[Brodirt]

I doubt you will get a good enough response here. I would consult a lawyer and proceed with what he advises. I do believe I have heard of people doing what you described above but IDK how they did it or what type of risks were involved.

Welcome aboard.

Greetings, thank you. I am a lawyer and I cant figure out the steps to take, I have LLE friends too who do not know the answer or who even to ask.

 

[MilesTeg]

Wow you know we have fucked up laws even if you can figure it out! From rough memory an FFL has to take ownership of it then from there he can sell/transfer it to you. Again this is second knowledge that I heard through the grape vine.

 

[ArmedCorgi]

There has to be some aspect of the law that deals with people who don't yet have their permit and end up inheriting or are left with handguns of a deceased relative.

 

[GOYABEAN]

BATF Dial (866)662-2750 and get it straight from the horse's mouth

please post on what their response with

 

[togmaster]

Did you ask an FFL? There may be one in Thailand that knows the answer.

 

[Brodirt]

There has to be some aspect of the law that deals with people who don't yet have their permit and end up inheriting or are left with handguns of a deceased relative.

Its easy if the firearm is legally owned/registered, the law is clear, has to be handed over to FFL or LLE for transfer.

 

[Brodirt]

Did you ask an FFL? There may be one in Thailand that knows the answer.

BATF Dial (866)662-2750 and get it straight from the horse's mouth

please post on what their response with

I just called BATF New York City field office, they said its not a Federal issue speak with LLE but that they would probably come and take it from him.

 

[1911guy]

I did it about 30 years ago. I took it (the make, model, caliber, serial number - not the pistol) to the pistol office in my county. They told me how to get a check run on it. After they got the information from the checks, they put it on my license. Things may have changed since then, but I would start by asking the pistol office. It is not an uncommon situation you are in.

 

[ArmedCorgi]

Its easy if the firearm is legally owned/registered, the law is clear, has to be handed over to FFL or LLE for transfer.

You can't be the first person this sort of thing has happened to. I would call an FFL first. I'm surprised your LLE friends are unsure.
For now I'd just leave it alone until after your dad passes. Once he does call an FFL or the police and maybe say something to the effect of:
"Hey I was going through my fathers things after he passed and found this. I know nothing about it other than it would appear to be a souvenir from the war when he served, but I have my permit/am applying for my permit and would like to keep it. Is it possible to have this added to my permit? If so, what do I need to do? If not what do I need to do?"
I don't think you'd be in any trouble for finding it and coming forward and it's not like they could arrest your dad by then.

 

[Marine Cpl]

If you go to a free state FFL and ship it to yourself, it'll become legal. Or you can have a family member from another state do it.

For example. PA. You can legally possess any pistol there. You go to a PA FFL and tell them to ship it to a NY FFL. Once that's done, your NY FFL will give you a receipt to take to your county clerk.

I say this because I've done it from Florida. Years ago my dad got a 1911 from his brother that just stayed in a box. He gave it to me when he moved to Florida. When I got my license, I gave it back to him and he shipped it to my FFL.

Back then when he gave it to me, I was in my early 20's and didn't know that you needed a license just to possess it. I thought you needed a license to carry. I found out after doing research into getting a carry permit here.

So basically, once it comes into the state officially via out of state FFL, it automatically becomes legal.

 

[Brodirt]

If you go to a free state FFL and ship it to yourself, it'll become legal. Or you can have a family member from another state do it.

For example. PA. You can legally possess any pistol there. You go to a PA FFL and tell them to ship it to a NY FFL. Once that's done, your NY FFL will give you a receipt to take to your county clerk.

I say this because I've done it from Florida. Years ago my dad got a 1911 from his brother that just stayed in a box. He gave it to me when he moved to Florida. When I got my license, I gave it back to him and he shipped it to my FFL.

Back then when he gave it to me, I was in my early 20's and didn't know that you needed a license just to possess it. I thought you needed a license to carry. I found out after doing research into getting a carry permit here.

So basically, once it comes into the state officially via out of state FFL, it automatically becomes legal.

Thanks, I actually got an answer from local licensing department and its similar to what you said, I will post it below.

 

[BMF JK]

I don’t believe a FFL here in NY can knowingly receive directly from OP an illegal pistol and transfer it to make it legal . @Eddie Gunks is this correct sir ?

 

[Brodirt]

I have an answer, the above suggestion of making a phone call was great. Thanks again. I should have started there.

Westchester County Police Pistol Permit Dept. advises that it needs to be amnesty surrendered and then put into the hands of an FFL where you then go through ordinary process of adding the now "legalized" serial number to your license.

Unfortunately, there are a lot of in between steps.
Amnesty surrender must be arranged by either having town level police come to home and pick it up for surrender since it cannot be transported legally.
Then FFL has to be retained to go to that law enforcement office to pick up the firearm to start the transfer process.
FFL should be retained ahead of time because amnesty surrender voucher expires and the firearm must be destroyed after one year.
Most of it is covered in NY Penal Law Sec. 265.20, but because its an unregistered handgun it becomes complex. Exemptions

 

[Blimey]

There has to be some aspect of the law that deals with people who don't yet have their permit and end up inheriting or are left with handguns of a deceased relative.

Yes, look under the felony classification section. Good ole NY.

Will75's approach is what i was thinking, good luck!

 

[C3D]

Please excuse the insensitivity of this post, but if you want until your FIL passes away it is much easier. NY law allows an executor to turn over a firearm in an estate promptly to a PD and it can then be added to pistol license. The procedure varies by county, you need to check with your licensing agency.

 

[Brodirt]

Please excuse the insensitivity of this post, but if you want until your FIL passes away it is much easier. NY law allows an executor to turn over a firearm in an estate promptly to a PD and it can then be added to pistol license. The procedure varies by county, you need to check with your licensing agency.

That was not remotely insensitive; the County officer also said about the same thing.

 

[Marine Cpl]

Doing it from within NY, you have to deal with the exemptions of legalizing something they consider illegal. Then there is always the chance that things go sour for either you or the gun or both.

Doing it from outside of NY into NY, you need no exemptions since it's legal out of state and legal once it enters NY.

The gun is only illegal here in NY because it isn't registered to anyone. If it comes from out of state, it is legal here in NY the minute the NY FFL receives it without any shenanigans and exemptions that may or may not apply to you.

It's way less risky.

 

[Brodirt]

Doing it from within NY, you have to deal with the exemptions of legalizing something they consider illegal. Then there is always the chance that things go sour for either you or the gun or both.

Doing it from outside of NY into NY, you need no exemptions since it's legal out of state and legal once it enters NY.

The gun is only illegal here in NY because it isn't registered to anyone. If it comes from out of state, it is legal here in NY the minute the NY FFL receives it without any shenanigans and exemptions that may or may not apply to you.

It's way less risky.

We have a Tennessee resident family member; I dont know if he would receive it, none the less, its present in New York and getting it to any other state involves risk that no one involved would be willing to undertake.

 

[Twogunwilly]

Yes, it's very possible, been there done that.

 

[Marine Cpl]

We have a Tennessee resident family member; I dont know if he would receive it, none the less, its present in New York and getting it to any other state involves risk that no one involved would be willing to undertake.

Once it's driven out of NY, the risk is over. You don't need a license to possess (not carry) out of state.

 

[Brodirt]

Once it's driven out of NY, the risk is over. You don't need a license to possess (not carry) out of state.

Its a 14 hour drive to Nashville; at that point its easier to go the way LLE recommended.
If it were Pa. Id do it your way for sure.

 

[Marine Cpl]

Another option is to disassemble it and keep the frame only so that while in NY driving it isn't an operable firearm that is subject to penal law 265, drive to a PA FFL, and have them ship the frame to a NY FFL.

I think you're making this harder than it is. It's totally legal for you to have an out-of-state FFL mail a firearm to another FFL.

 

[Marine Cpl]

As an example, I can legally rent a storage unit in PA. I can bring stripped lowers over there and build AR pistols or 80 percent Glocks to keep there legally for recreational use and shooting in PA. In PA you don't need a license to possess.

I can then decide to go to a PA FFL and have him mail the AR pistol with a mag lock or the 80% Glock to a New York FFL so that I can put it on my license to keep here in New York.

That's 100% legal.

 

[Brodirt]

As an example, I can legally rent a storage unit in PA. I can bring stripped lowers over there and build a AR pistols to keep there legally for recreational use and shooting in PA. MPA you don't need a license to possess.

I can then decide to go to a PA FFL and have him mail the AR pistol what's up mag lock to a New York FFL so that I can put it on my license.

I get it and I like work-arounds and very much appreciate your input, but there are barriers whichever way I do it and for me the barrier that involves the least amount of time is best, in this case it is keeping it local. I have LLE friends who I can trust to take possession and not screw me over.

 

[Jmac00]

Another option is to disassemble it and keep the frame only so that while in NY driving it isn't an operable firearm that is subject to penal law 265, drive to a PA FFL, and have them ship the frame to a NY FFL.

I think you're making this harder than it is. It's totally legal for you to have an out-of-state FFL mail a firearm to another FFL.

I was going to ask, how does someone from a Free state, where they don't need a permit, get a gun legally into NY. it seems the FFl transfer route would be the way to go

 

[MoMan]

@Willjr75 has your solution. His suggestion to disassemble and take the serialized frame to a PA FFL for shipment in to a NY FFL is probably your best bet.