spat
.700 Nitro Express
You can legally ship a firearm directly to the manufacturer for repair, and they can ship it directly back to you, no FFL or 4473 required.
If it does go through your FFL they will have to do a 4473 though.
Pistol purchase for second residence
- Thread starter Liveandbreathefinance
- Start date
If it does go through your FFL they will have to do a 4473 though.
spat
.700 Nitro Express
Depends on the county, the timing, the way the wind is blowing and what house mars is in.
Anywhere from 5 weeks to 2 years.
Which is precisely what I stated.
spat
.700 Nitro Express
The manufacturer is also an FFL and in the scenario I outlined they do not have to do one however.
If you involve your local FFL yes a 4473 required.
Direct from FFL to you: NO
Direct from you to manufacturer: NO
FFL to manufacturer to FFL to you: YES
"sent to us." Meaning they are the middleman.
For repairs though, not even an FFL is needed. I know as I've sent handguns back for work. They get shipped right to your house.
spat
.700 Nitro Express
Except you have to subject your self to all the infringement and ball pain that is the NY PP process.
And you will then have it registered (another infringement).
And you open yourself up to the "piss off the wrong person and your permit gets yanked, along with *all* your long guns too" process (a big infringement)
And a dozen other reasons the NY pernit process
I have a NY permit, but I can see many valid reasons someone might not want to get one.
Yes sir. Keep reading
spat
.700 Nitro Express
You can ship it to yourself in another state. But if it goes through a retail FFL they will have to treat it as a sale.
Only 2 ways I could see this being 100% legal, and both are a bit convoluted and you are unlikely to find an FFL willing to participate.
1. You but it at your NY FFL and ship it from there to yourself at your PA residence, but never take possession in NY.
2. You buy it from an FFL with offices in both states (big box store maybe), pay and do your 4473 in NY, and pick it up in PA.
Both are a bit iffy.
Best solution (but it's expensive) you sue over this exact scenario, run it all the way to SCOTUS and get something overturned.
Not sure which of those is more likely, an IANAL.
The entire point that is being missed here is that anyone can "buy" a pistol. Getting the transfer is another matter.
I can call up XYZ gun shop and say my name is Billy Bob and here is my credit card number. Ring me up a Glock 19. Ship it to ABC gun shop in Pennsylvania. Will they? Sure it's FFL to FFL. The problem comes when Billy Bob gets to PA and tries to take possession. You are trying to take possession of something you never actually possessed. You might have paid for it but that is irrelevant in the eyes of the law.
I can call up XYZ gun shop and say my name is Billy Bob and here is my credit card number. Ring me up a Glock 19. Ship it to ABC gun shop in Pennsylvania. Will they? Sure it's FFL to FFL. The problem comes when Billy Bob gets to PA and tries to take possession. You are trying to take possession of something you never actually possessed. You might have paid for it but that is irrelevant in the eyes of the law.
fnfalguy
.308 Win
If I had the 100k to burn i’d run it to scotus. Maybe NY rifle association may even jump on it. I really have no interest in justifying NY’s permit process by going through it and patiently waiting while crossing my fingers that they give me their blessing to purchase a handgun. Only to have to follow a zillion rules so they don’t take it away. Maybe if they had a shall issue in 30-60 days process. But a one year may issue process is equivalent to them telling us citizens to fuck off and i’m not going to beg them for something I don’t want to have anyway. Also not interested in a scheme that breaks the law so I will be extremely clear about exactly what i’m doing if and when I go to the NY ffl to start this process. I will only do this if it is 100% legal and may even consult an attorney. Hopefully Scotus shuts down the entire home premises permiting all together with the current case they just heard from the ny rifle association and makes it a clear right to purchase for home possession.
Spoke to another ffl who seemed more knowledgeable. She said I would need to have dual residency. Now off to figure out what he legal definition of this is. I’ll keep you guys posted!
By not getting the NY permit you are doing exactly what they want you to do. The process is meant to discourage people from applying or pursuing a pistol permit. If you really want to tell them to fuck off - apply for it.
Doc8404
.450/400 Nitro Ex
I hope it works out.
If you have dual residency your objective is fulfilled. Just go there and buy what you want. You don't need any of this other nonsense. Just don't bring it to NY with you or we will be reading your name in the paper.
BDinPutnam
.475 A&M Magnum
I'm not looking to end run federal law- just New York state law.
Got it.
Got it.
Is this just for handguns? I ask because I have had rifles sent back to the manufacture, through my ffl, and then back to the ffl, and then to me, numerous times without a 4473.
stuckhere
9mm
If your FFL has a gunsmith license as well, which they should, they also have a separate gunsmith log book. No guns coming out of that need 4473.
If your dealer is putting the gun in question into their "bound book" of firearms transactions, then it would need a 4473.
Curmudgeon
.308 Win
Same reason I don't have one. It's like voting, participating in the process is condoning it.
BMF JK
.44 mag
THIS ^^^^
Get an 80% lower...
Good day. I have dual residency in NY and Florida. This is easy. Do you live there for a period out time? With a FL ID I was able to buy a handgun and keep it there. Even with a NY driver's license and something that shows residency (government issued), something that shows that you own the property such as a water bill issued by the town with your name and address. The NY DL proves who you are and the CITY issued water bill shows that you own the property. Also you could just get a PA ID. I did this in Arizona with an AZ ID.
Just do not bring the pistol back to NY without first getting a NY permit and the shipping it from a PA FFL to a NY FFL. I had to do that when I left AZ.
Just do not bring the pistol back to NY without first getting a NY permit and the shipping it from a PA FFL to a NY FFL. I had to do that when I left AZ.
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Ouch! A few problems here. An FFL cannot ship a handgun to a residence in another state, only another ffl.
You can only do your 4473 where you pick up (take possession) of your gun.
Best solution is to do the dual residency track. But you have to live/own in the other state.
By the way, I'm not a lawyer but I have worked in a couple of Florida FFLs for a few years and I have had dual residency in NY/AZ or NY/FL for the last 12 years.
Here's another useless but interesting fun fact.
The "Subway Vigilante" Bernhard Goetz had dual residency in NY and FL. He was able to legally purchase his handgun in FL but he bought it back to NY illegally and subsequently used it and was arrested for illegal possession. He served eight months of a one year sentence.
Moral of the story: Don't bring it back to NY!
The "Subway Vigilante" Bernhard Goetz had dual residency in NY and FL. He was able to legally purchase his handgun in FL but he bought it back to NY illegally and subsequently used it and was arrested for illegal possession. He served eight months of a one year sentence.
Moral of the story: Don't bring it back to NY!
Fatherofthree
.38 Special
Interesting read for sure. New to the site and just applied for my permit in NY. Had a friend get his in 6 weeks and another it took 6 months . Go figure. Just patiently waiting. Gotta love NY.
. Go figure. Just patiently waiting. Gotta love NY.
Marine Cpl
.577 Tyrannosaur.
You have 4 choices.
1. Change your address and buy on in your new home state and take it home there.
2.Get a NY pistol permit and take the gun with you when you go to the other state.
3. Get a Glock 80 percent or Sig 80 percent and build one legally in your home state.
4. Do the same thing you are doing now and get another long gun for your 2nd out of state home.
Personally I would just get the permit. I never understood the argument that you do not want to give up your first born to get one so you instead walk around unarmed. You have a greater chance of needing it in the street than in your home. Not carrying a pistol for the defense of oneself or family is giving up your firstborn.
1. Change your address and buy on in your new home state and take it home there.
2.Get a NY pistol permit and take the gun with you when you go to the other state.
3. Get a Glock 80 percent or Sig 80 percent and build one legally in your home state.
4. Do the same thing you are doing now and get another long gun for your 2nd out of state home.
Personally I would just get the permit. I never understood the argument that you do not want to give up your first born to get one so you instead walk around unarmed. You have a greater chance of needing it in the street than in your home. Not carrying a pistol for the defense of oneself or family is giving up your firstborn.
spat
.700 Nitro Express
There is another option. You do not need to build from an 80%.
A stripped pistol receiver is not a handgun in NY. (it could easily be built into an other or carbine for instance). You could buy a factory 100% receiver at your NY FFL, 4473 and all, and just wait till you get to PA to assemble it.
Marine Cpl
.577 Tyrannosaur.
That would work for a an AR pistol but not sure it would work for a Glock lower for example. Legally speaking you are correct though. But finding an FFL that would let you buy a Glock lower for you to somehow fix the magazine to make a carbine out of it would be tough.
spat
.700 Nitro Express
I don't think a fixed mag is necessary.
One of these and a sufficiently long barrel *should* be a legal featureless PCC. Maybe.
You are right about finding an FFL willing to play that game being difficult though.
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