Question About Selling A Handgun From NY

[Dr. Evil]

Sold a 1926 Nagant revolver on Gunbroker to a guy in Philadelphia PA. He sends me his payment as well as his C&R license (wasn't expecting that). I went to my local FFL to ship it out only for him to tell me that he can't ship a pistol/revolver to a C&R holder. It has to go to a type 01 or 07 FFL dealer if shipped from NY state to any other state, not directly to a C&R holder. Rifles would be no problem but not pistols. I communicated this to the guy and he was adamant that the FFL was wrong and he has purchased before, yada yada yada. I even checked it out with a second FFL only to get the same story. Again, this was conveyed to the guy and he had the same response. I then gave this guy the phone number of the FFL and told him to get in touch with them himself. All the guy has to do is get an FFL on his end and this wouldn't be a problem. I hate the stupid laws in NY but I have no say in this matter. Any one have any input here?

 

[masterswimmer]

I have no experience or knowledge of this. But without a doubt I'd be erring on the side of caution and listening to YOUR FFL's.

 

[kev74]

If he's outside of New York, he can receive a C&R pistol with his C&R FFL. You are allowed to mail (UPS & FedEx) a pistol to an FFL. I think you made the transaction harder than it needed to be.

I can't blame the guy for being a little upset that his pistol is going to cost 10-25% more than it should with FFL fees.

 

[cgrutt]

If he's outside of New York, he can receive a C&R pistol with his C&R FFL. You are allowed to mail (UPS & FedEx) a pistol to an FFL. I think you made the transaction harder than it needed to be.

I can't blame the guy for being a little upset that his pistol is going to cost 10-25% more than it should with FFL fees.

Only C&R eligible pistols, right? Also as I understand it, NY resident must ship via FFL in order to remove from permit.

 

[kev74]

You are allowed to ship a gun to an FFL. Some FFLs will not accept guns from non-FFLs - that is their personal choice, not the law. C&R FFLs may only receive guns that are C&R eligible (outside of NY).

There is nothing in NYS law about what is required to remove a pistol from a permit. Typically a bill of sale is presented. The last pistol I had removed from my permit, I was told the bill of sale wasn't needed and the clerk didn't take it from me. I don't know if this is policy or was the whim of the day. Orange County is good for doing whatever the hell they feel like for no reason and with no notice.

 

[togmaster]

Only C&R eligible pistols, right? Also as I understand it, NY resident must ship via FFL in order to remove from permit.

This is the issue. Getting it off of your permit. Contact your county clerk and find out what they require.

 

[Dr. Evil]

If he's outside of New York, he can receive a C&R pistol with his C&R FFL. You are allowed to mail (UPS & FedEx) a pistol to an FFL. I think you made the transaction harder than it needed to be.

I can't blame the guy for being a little upset that his pistol is going to cost 10-25% more than it should with FFL fees.

Not what I was told by Civil Armory and Ulster Firearms. They both said they are not allowed to ship a pistol even a 1926 pistol to a C&R. They said a rifle would be no issue. This is an email I received from one of my ffl's:

"NY doesn't recognize TYPE 03's as "dealers". While the case could be made to the state, in could make for friction later on for the TYPE 01 who effects the ship. Most (I suppose try to find one) TYPE 01's in NY will not ship to a TYPE 03. (Consider that NY requires a BLACK POWDER pistol to be on a NY pistol permit if one intends to shoot it!)



On a Federal level, and for 47-48 other states, this wouldn't seem to be a problem as long as the revolver isn't being shipped by way of USPS. (USPS says "dealers" only, and the ATF says TYPE 03 is no dealer. Additionally, FedEx and the likes of UPS would require that the shipment fly (2nd Day air, or something like that) . . . the cost would be significant.



Therefore, the vast majority of FFL holders in NY adopt the policy to receive handguns and ship handguns only to other (at least) TYPE 01 holders.



I realize that there does exist the distinct lack of science here, but this why we hold the same. I apologize for any inconvenience guys. We would need a TYPE 01 to ship to."

 

[Frankly]

GunBroker charges low fees and you have to let some sales go when they're more hassle than they're worth. Make apologies and refunds, beg off, sell it to a reasonable person next week.

 

[kev74]

Not what I was told by Civil Armory and Ulster Firearms. They both said they are not allowed to ship a pistol even a 1926 pistol to a C&R. They said a rifle would be no issue. This is an email I received from one of my ffl's:

"NY doesn't recognize TYPE 03's as "dealers". While the case could be made to the state, in could make for friction later on for the TYPE 01 who effects the ship. Most (I suppose try to find one) TYPE 01's in NY will not ship to a TYPE 03. (Consider that NY requires a BLACK POWDER pistol to be on a NY pistol permit if one intends to shoot it!)



On a Federal level, and for 47-48 other states, this wouldn't seem to be a problem as long as the revolver isn't being shipped by way of USPS. (USPS says "dealers" only, and the ATF says TYPE 03 is no dealer. Additionally, FedEx and the likes of UPS would require that the shipment fly (2nd Day air, or something like that) . . . the cost would be significant.



Therefore, the vast majority of FFL holders in NY adopt the policy to receive handguns and ship handguns only to other (at least) TYPE 01 holders.



I realize that there does exist the distinct lack of science here, but this why we hold the same. I apologize for any inconvenience guys. We would need a TYPE 01 to ship to."

I agree they are covering their asses ("I realize that there does exist the distinct lack of science here..."), but there is nothing in either NYS or Federal law that I have been able to find that would prohibit you from shipping a C&R firearm to a C&R license holder outside of New York state. That's the whole point of C&R licenses.

Once again New York screws the pooch. FUAC!

 

[Steal2B]

An Estate lawyer (with a good deal of experience for firearms leaving NYS) advised me handguns from NY to out of state hiers needed to be shipped Type 1 to Type 1.

 

[Dr. Evil]

An ffl said the trouble could start when going to take it off my permit and they ask who I sold it to and how since this is a NY state thing. I told the buyer the situation again and how I hated the way it is here and I would happily refund his money if he wanted me to. He said he will have it shipped to an ffl.

 

[Steal2B]

An ffl said the trouble could start when going to take it off my permit and they ask who I sold it to and how since this is a NY state thing. I told the buyer the situation again and how I hated the way it is here and I would happily refund his money if he wanted me to. He said he will have it shipped to an ffl.

Good for him.

 

[dwa12479]

I guess that'll teach you to sell your guns.

 

[Dr. Evil]

I guess that'll teach you to sell your guns.

Especially in a cluster fuck gun law state like NY.

 

[Burzum]

Now the streets will be a little safer, since Dr. Evil cannot flood them with 20 pound trigger-pull, awkward-(but cool looking), under-powered Russian surplus revolvers, to duly Federally licensed collectors, well done Albany, well done.

 

[Dr. Evil]

Now the streets will be a little safer, since Dr. Evil cannot flood them with 20 pound trigger-pull, awkward-(but cool looking), under-powered Russian surplus revolvers, to duly Federally licensed collectors, well done Albany, well done.

And Philadelphia just became that much more dangerous.

 

[Acer-m14]

"NY doesn't recognize TYPE 03's as "dealers". ... 03' are not dealers .. 03's are collectors ..

I thought with a 03 and another with a 03 or a non to one , you could just sell send to each other ...
what do you have to do with the p320 issue to send back to manufacture ??

how to remove pistol from permit ... it fell off the boat on Erie Lake ...

 

[misunderestimated]

This place SUCKS! I cant wait to leave. there are just too many unreasonable laws that benefit no one.

 

[fartgamer]

I've lived in two different counties and both clerks have told me " you tell me it's sold, we take it off your permit, we only care about acquisitions"

 

[fartgamer]

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[fartgamer]

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