Hello All. First post here. (Also posted this on nyfirearms but I read that site has died down). Couldn’t find any direct answer on this anywhere. I do not have a pistol permit because I refuse to give my blood and first born for one and then have to look over my shoulder for whenever they want to find a reason to take it away. I have long guns and have passed NICS check for them. I want to buy a pistol to keep in my second home out of state. I cannot buy one in any other state than my primary residence and I do not want to say I “live” in the other state and get a Driver’s License or state ID there. Federal law requires I buy the pistol/handgun in my state of residence. Can I buy it at a NY FFL and have it shipped from there directly to an FFL in the other state where I will keep it (PA). Meaning I will never actually possess it in NY not even while purchasing it in NY, it will go straight to PA. Is this doable?
Pistol purchase for second residence
- Thread starter Liveandbreathefinance
- Start date
Justincase
.308 Win
No. Most places won't even let you touch one without a permit let alone buy one.
Bustedknees
.308 Win
As a live and breath financial person, wouldn't you be better off using your home in PA as a primary ?? Both for taxes and firearms..
How about the fact that in westchester you must purchase the pistol before you apply for the permit and leave it at the ffl until your permit is approved and if your permit is not approved you can sell it back to the ffl or ship it to your out of state home? I read this in some forum somewhere. This would lead me to believe that you can buy one without a permit. I’m just not going to apply for the permit because I don’t need one for where I want to keep it.
Justincase
.308 Win
^ Ok, let me rephrase and say you could buy it, but it'll never become yours. Because without a permit they can't let you have it.
So if you want to achieve financial and firearm freedom, the only choice is to leave the sovereign nation of new york for true america.
Now ya got it!!!
Agree. You can pay for it but it will never be transferred from the FFL's inventory.
What about buying a used gun from a private individual? Depending on the state this may be a legal route for you to take. Just don't think about bringing it in to NY. Research that angle.
What about buying a used gun from a private individual? Depending on the state this may be a legal route for you to take. Just don't think about bringing it in to NY. Research that angle.
Got it, thanks everyone. Just can’t see why an ffl wouldn’t want to sell it and then immediately ship it to another ffl out of state for me. I guess I have to bend the knee or move out.
Even if they shipped it to another FFL, you wouldn't be allowed to buy it (or have it transferred to you) in the other state. It's no different than going there and buying it straight up. They are "transferring" a pistol to you either way.
Robin
.475 A&M Magnum
No legal advise here, but if it were me facing the same situation I would go have a gunshot in Pa. on tap making sure its a go at that end, go to the local gun shop and give it a try. No law against that.
Robin
Robin
So only way to take a pistol to another state is after you bought it with a permit, with you personally. Like in your trunk or airplane cargo?
Robin
.475 A&M Magnum
Um, I would ask the Pa. gun shop if its illegal to release your personal property to you, what if they logged in your pistol for repair? Does that mean they can't give it back to you?
Robin
Robin
What I'm saying is if you did what you wanted and had a NY FFL transfer a pistol to your PA FFL, the PA FFL isn't going to be able to "sell" the gun to you because you are an out of state buyer. Where the gun came from makes no difference. The transfer is the "sale".
In NY to get a pistol back from a repair requires a 4473 and of course, it to be on your permit. The NY FFL isn't going to sell and ship a gun to someone without a NY pistol permit.
Any time the firearm is transferred to a person the 4473 applies. When the FFL has it, it is on their inventory log for the ATF. When they give it back to you it is a 4473 transaction from them to you.
Right from my FFL website;
- Firearms being sent to us from a manufacturer under warranty work/gunsmithing are still subject to a NICS 4473 Background Check and appropriate transfer fees
Robin
.475 A&M Magnum
I don't know about all that. I would check with the parties involved and get the skinny from the actual hands on potential sender and receiver. If they find no fault, you are good to go. Not asking is certain denial.
Robin
Robin
I see if it stays with the original FFL it would not apply. It would if sent to the manufacturer or another repair shop.
- That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair or customizing when such firearm or a replacement firearm is returned to the person from whom received.
That is the federal law. Not sure if NY further restricts it.
Either way it has nothing to do with the original question. Nobody is selling a pistol to anyone without a permit, and you probably won't even get anyone to open a gun case for you. The closest you are getting in NY is looking through the glass, unfortunately.
Nothing about this is going to be "good to go". He is trying to circumvent federal law. It's not going to happen.
Get your NY permit, then you can keep your gun in your PA residence. It's not that difficult. You will be allowed to possess, carry openly, and carry in your vehicle without anything other than your NY permit. (except Philadelphia, I believe that is treated just like they do NYC here)
Hey hey hey. I am trying to FOLLOW federal law, not circumvent it. The only thing i’m circumventing is applying for a permit in NY because I do not intend to posses the pistol in NY at any time. FYI- called ffl in PA and they said they have no problem receiving the shipment from an ffl in NY. Now I just have to see if a NY ffl wants to ship it. I am allowed to buy the gun if a pass a nics check, they just can’t transfer it to me in NY if I don’t have a permit. But they are not transferring it to me in NY, they are shipping it to PA.
Federal law says you cannot purchase a pistol in another state. Having a gun sent from NY to PA is meaningless. It is no different than buying one off the shelf. They told you ok because they don't know the laws here. They don't understand that you cannot own or buy one here. They are assuming that you will legally own the gun and have it transferred to them. That is not the case. You cannot be transferred a gun without a permit. On the NY FFL log it will ask for your permit number. You don't have one. Can a NY FFL transfer a gun to a PA FFL.? Yes. However it will never have been owned by you. Therefore it is no different than you going in and buying any other gun in their inventory. You aren't allowed to under federal law.
Thank you for your passionate replies Chev. Duly noted.
Let us know how far into your question you get before the NY FFL hangs up the phone on you.
Lol I was just going over that scenario in my head and am 90% sure that’s exactly what will happen. LOL
By the way it’s about a one year wait to get a permit/license in NY correct?
You might even get a black Suburban following you around and a florist delivery van parked in front of your house.
Just called an FFL in NY. He said “You buy it here and you give us the info for the ffl in PA and we’ll ship it to PA for you. No problem” I said “so I don’t need a pistol license?” He said “No, you buy it here and we’ll ship it to the ffl in PA”
Both ends are not communicating. You are circumventing federal law. When one or both parties realize the scheme they will hit the abort button as fast as possible. The firearm can be sent but it is not owned in your name. The transfer to you in PA is the sale. They don't care who pays for it. But when it comes time for the actual transfer is where the problem will begin. When it arrives in PA it will be property of ABC FFL in NY. I suspect you will be on the hook for bare minimum shipping costs both ways and restocking costs. I wish you luck in your endeavor.