Question about an out of state firearm

[bruc29]

hi everyone I have a noob question which your probably going to laugh at me , but I have family that lives in a free state and any firearm can be had but here is my question.... if I have a family member purchase a yugo ak for me and have them convert it to be ny compliant, welded thread protector and a spur grip would that in turn be legal for them to ship it to an FFL to me or does the gun HAVE to be ny compliant straight from the factory?

 

[Mk44]

Yes, they can ship your rifle to you, oops I mean to your FFL if it's NY compliant.

 

[Redshirt]

They can't buy a firearm if it's for you. On the 4473 the purchaser has to certify that they are not buying it for someone else. The feds take this seriously.

https://www.supremecourt.gov/opinions/13pdf/12-1493_5468.pdf

 

[Catskillkid]

They can't buy a firearm if it's for you. On the 4473 the purchaser has to certify that they are not buying it for someone else. The feds take this seriously.

https://www.supremecourt.gov/opinions/13pdf/12-1493_5468.pdf

But if they shipped it to a NY FFL and he passes the background check what does it matter who paid for it? I was gifted a rifle by my uncle who lives out west and that's what happened with me.

 

[Redshirt]

I know, it’s wild, right? Read the case. The guy bought the gun for a family member to get a law enforcement discount. Neither was prohibited. The conviction was upheld. The OP’s family member cannot buy a gun with the intention of it going to another person.

Just have your FFL do the modification.

 

[bruc29]

I understand what you are saying but I may have wrote it wrong I'm sorry for the confusion, if let's say my brother buys the gun in his name and he makes/takes all the necessary precautions to make it New York compliant, and than sells it to me and has it shipped from his FFL to my FFL would that be legal?

 

[bruc29]

I skimmed through that case you posted, now it has me wonder if it's really legal to sell a "used" gun to somebody because on the form you fill out its for you and not someone else... am I missing something? All these laws have me researching as much as I can

 

[Redshirt]

On the form you’ve gotta certify that you are not acquiring the firearm for another person. Under your plan, your family member is acquiring it for you: you said so in the post above.

It ends with the sort of absurd result that it may be illegal to do the thing you are contemplating.

 

[Exonautic]

I skimmed through that case you posted, now it has me wonder if it's really legal to sell a "used" gun to somebody because on the form you fill out its for you and not someone else... am I missing something? All these laws have me researching as much as I can

It is legal because you are explicitly selling said gun. you're not buying it with the intent to hand it to someone else. If OP gets the gun shipped, to an ffl, from another ffl, legally speaking he has had that gun sold to him because it went through an ffl and he went through a background check.

 

[Redshirt]

Abramski transferred the gun legally at an FFL too.

 

[Saltwater60]

Your fine if it's ffl to ffl and you do a background check. That's to stop people from buying a gun for some one and handing it to them in aback alley. I understand why the other guy is getting hung up on the it's illegal thing, but if you go through the correct process your fine. If what he says is true no one could ever buy a used gun even from an ffl.

 

[Acer-m14]

the OP would need to make a trip to the free state , have the store do this , that and this to make it NY compliant, then he can buy it .. you can't buy a gun out of state if its not "legal" in the state your from .. or have the FFL there send it FFL in NY and make it compliant. the only 2 option you have ...correct guys ..?? ..

 

[Exonautic]

the OP would need to make a trip to the free state , have the store do this , that and this to make it NY compliant, then he can buy it .. you can't buy a gun out of state if its not "legal" in the state your from .. or have the FFL there send it FFL in NY and make it compliant. the only 2 option you have ...correct guys ..?? ..

Correct you are not allowed to take possession of it if its not in a legal configuration in either your home state or the state of purchase.

 

[GOYABEAN]

 

[Acer-m14]

@GOYABEAN he is not hunting rabbits .. he's trying to get a gun LOL ..

but with the shhhhhhh method .. friend shhhhh and holds onto item for 6 months/year then passes it on .. still iffy ..

 

[Acer-m14]

now its up to OP to make up his mind and choose .. godspeed OP ..

 

[GOYABEAN]

@Acer-m14 what I meant was and move to a free State

 

[Acer-m14]

the OP is new and sure he wouldn't have gotten that message in code LOL ..

 

[bruc29]

So after my brother buys it and makes it ny compliant he can't send it to my ffl over here than? That's crazy how I can't get an ak without spending a ton of money that's ny compliant

 

[Acer-m14]

@bruc29 technically no .. would be considered a staw buy post #12 . is your only option with in the LAW

 

[Exonautic]

So after my brother buys it and makes it ny compliant he can't send it to my ffl over here than? That's crazy how I can't get an ak without spending a ton of money that's ny compliant

isn't that literally what i just said you could do?? most FFLs will require the gun to actually come from an ffl so he may have to go to an ffl to have it shipped here, but as long as everything on your end goes through an ffl one way or the other, legally you should be gtg.

 

[Exonautic]

@bruc29 technically no .. would be considered a staw buy post #12 . is your only option with in the LAW

not if his brother goes through the process anyone else would as if they were selling it.

 

[GOYABEAN]

So after my brother buys it and makes it ny compliant he can't send it to my ffl over here than? That's crazy how I can't get an ak without spending a ton of money that's ny compliant

It's part of living where you have no freedom! But try @Lee Armory or @Bullet Guy They should be able too help

 

[Acer-m14]

 

[Exonautic]

View attachment 21540

and when OP goes through his background check he will answer the same question, just as if his brother was than selling the gun to him.

 

[Acer-m14]

 

[Exonautic]

View attachment 21542

OP never mentioned giving his brother money for the rifle. Just that he would buy it for him, say in a gifting fashion.

Long story short OP you're in a major grey area that, as you can tell people have different opinions on. look at the laws, look at what we've told you with a grain of salt, and in the end only you can decide what you're comfortable on doing.

 

[Acer-m14]

that would be the only way .. brother buys it and gifts it .. and since in family he can just take it .. as long as brother knows he is not a bad guy ..

 

[Acer-m14]

@Exonautic but this form was made up how long ago ?? and the crap that has happened in the last yr .. would ya try it ... ? that i think is the #1 question ..

 

[Acer-m14]

the #2 question is .. how would you ship a gifted gun to a family member in NY FUAC .. lol