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  1. #1
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    Default Private Party Sale

    I have looked, but can't find a clear answer - In NY, can you do a private party sale without needing an FFL for RIFLES? I'm looking to buy a carbine from a friend (we both also happen to have pistol licenses).

    Either way - what is needed? Any help is greatly appreciated. Thanks.

  2. #2
    Major sdb3023's Avatar
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    Your fine. Private party sale of a long gun is fine.
    "Honor is due to those who went simply because they did."

    RIT 2012

    "If you survive that and continue, you will quickly experience rapid ventilation of your cranial vault with a 1-ounce slug." ~ Bob

  3. #3
    Sergeant rjhauser's Avatar
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    It is actually in the penal law.

    All that is needed is for you to believe the person is legally allowed to own said firearms and has no disqualifying factors.

    You give them payment, they give you rifle, or vice versa.

    you may or may not want a bill of sale. that is a whole separate discussion. it is NOT necessary.

  4. #4
    Colonel av8r's Avatar
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    It is lawful for NY residents to purchase or obtain
    rifles or shotguns in a contiguous state and to receive and
    transport said rifle and shotguns into the state, provided
    the person is otherwise eligible to possess a rifle or shotgun
    under NY law.

    http://www.nraila.org/statelawpdfs/NYSL.pdf
    "An armed man is a citizen. An unarmed man is a subject"

  5. #5
    Colonel Sprout47's Avatar
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    Fine as all have said unless at a gunshow...
    SGT - US Army 96-04

  6. #6
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    Quote Originally Posted by av8r View Post
    It is lawful for NY residents to purchase or obtain
    rifles or shotguns in a contiguous state and to receive and
    transport said rifle and shotguns into the state, provided
    the person is otherwise eligible to possess a rifle or shotgun
    under NY law.

    http://www.nraila.org/statelawpdfs/NYSL.pdf
    You can't buy a gun from a private party out of state without sending it to an FFL in your home state.
    NYSRPA Member - SCOPE Member - NRA Life Member - NRA Range Safety Officer

  7. #7
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    Quote Originally Posted by Sprout47 View Post
    Fine as all have said unless at a gunshow...
    Can you please post a link banning the private sales of shotguns and rifles at a gunshow in NY. I heard this rumor also but i have yet to find a documentation to substaniate it.

  8. #8
    Colonel Sprout47's Avatar
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    Quote Originally Posted by SJC 3081 View Post
    Can you please post a link banning the private sales of shotguns and rifles at a gunshow in NY. I heard this rumor also but i have yet to find a documentation to substaniate it.
    Keep in mind it is not a ban - it is just not legal to do a FTF without a NICS being done.

    38 S 897. SALE OF A FIREARM, RIFLE OR SHOTGUN AT A GUN SHOW. 1. A
    39 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SHALL BE CONDUCTED AND NO
    40 PERSON SHALL SELL OR TRANSFER A FIREARM, RIFLE OR SHOTGUN AT A GUN SHOW,
    41 EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF 18 U.S.C. 922(T).
    42 2. NO PERSON SHALL OFFER OR AGREE TO SELL OR TRANSFER A FIREARM, RIFLE
    43 OR SHOTGUN TO ANOTHER PERSON AT A GUN SHOW AND TRANSFER OR DELIVER SUCH
    44 FIREARM, RIFLE OR SHOTGUN TO SUCH PERSON OR PERSON ACTING ON HIS OR HER
    45 BEHALF THEREAFTER AT A LOCATION OTHER THAN THE GUN SHOW FOR THE PURPOSE
    46 OF EVADING OR AVOIDING COMPLIANCE WITH 18 U.S.C. 922(T).
    47 3. ANY PERSON WHO KNOWINGLY VIOLATES ANY OF THE PROVISIONS OF THIS
    48 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE AS PROVIDED
    49 FOR IN THE PENAL LAW.

    http://www.ocshooters.com/Gen/nyawb/...OR SHOTGUNS AT
    Last edited by Sprout47; 01-14-2011 at 01:19 PM.
    SGT - US Army 96-04

  9. #9
    Sergeant rjhauser's Avatar
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    thanks Sprout47.

    Beat me to it.....

  10. #10
    Colonel av8r's Avatar
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    Quote Originally Posted by darkvibe View Post
    You can't buy a gun from a private party out of state without sending it to an FFL in your home state.
    So did the law change since 2008 when that was published or has it been misinterpreted?
    "An armed man is a citizen. An unarmed man is a subject"

  11. #11
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    Quote Originally Posted by av8r View Post
    So did the law change since 2008 when that was published or has it been misinterpreted?
    The law did not change. NEW YORK STATE law does not prevent you from buying a rifle or shotgun from someone in another state and bringing it back.

    However, FEDERAL law (the 1968 Gun Control Act) prohibits anyone who does not hold an FFL from buying outside their state of residence with the limited exception that people can buy rifles and shotguns from FFLs in other states so long as the laws of both states do not prohibit it. The state-law provision about contiguous states just says that it's not illegal to do so.

  12. #12
    Colonel Sprout47's Avatar
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    Quote Originally Posted by av8r View Post
    So did the law change since 2008 when that was published or has it been misinterpreted?
    i think he meant non-ftf?
    SGT - US Army 96-04

  13. #13
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    Quote Originally Posted by av8r View Post
    So did the law change since 2008 when that was published or has it been misinterpreted?
    http://www.atf.gov/firearms/faq/unli...ensed-transfer

    It's all there. Federal laws like davejensen said.
    NYSRPA Member - SCOPE Member - NRA Life Member - NRA Range Safety Officer

  14. #14
    Colonel av8r's Avatar
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    Quote Originally Posted by Sprout47 View Post
    i think he meant non-ftf?
    Actually, I wasn't even thinking that the state would create a law that didn't mirror the federal statutes. Thanks for the clarification, guys.
    "An armed man is a citizen. An unarmed man is a subject"

  15. #15
    Captain davejensen's Avatar
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    If you need to buy a long gun from a resident of another state, and don't want to commit a felony, just find a local gun dealer and pay them $25 (or whatever) to log it in and out of their books and run a background check on you. Then it is 100% legit.

  16. #16
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    OK, i know this is a very old thread... but with the Saratoga show coming up, can anyone point me to recent info on this?

    How far away from a gun show do you need to go for a FTF? I thought that if the deal is struck at the gun show, you can't buy it FTF without a FFL. If you touch a gun, and buy that later outside the show NOT though an FFL, you could both be seriously f-ed... I can't find where i saw this posted...

  17. #17
    Administrator Jeff's Avatar
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    Quote Originally Posted by 1969iggy View Post
    OK, i know this is a very old thread... but with the Saratoga show coming up, can anyone point me to recent info on this?

    How far away from a gun show do you need to go for a FTF? I thought that if the deal is struck at the gun show, you can't buy it FTF without a FFL. If you touch a gun, and buy that later outside the show NOT though an FFL, you could both be seriously f-ed... I can't find where i saw this posted...
    http://www.nyfirearms.com/forums/law...html#post76750
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