How do I get my son's gun home?
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Thread: How do I get my son's gun home?

  1. #1
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    Default How do I get my son's gun home?

    The good news... My unrestricted NYS pistol permit came in the mail today!

    My son lived in NC for a year or so. While there, he legally purchased a pistol. When he moved back to NY, he left the gun in PA with my brother-in-law. He does not yet have a NYS permit. I'd like to get the pistol to NY and on my permit. When he gets his permit, I'll either co-register it or transfer it to him.

    What is the proper process to follow? I'm a Monroe county resident.

    Thank you.

    David

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  3. #2
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    Only way to do it is to have an FFl in PA ship it to an FFL in NYS then you go to the permit office and get it added to your permit. You then go to the FFL in NYS and pick it up. The FFL in NYS needs to give you a receipt to take to the permit office prior to you adding it to your permit.

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    You can bring it cross the border, then turn it in under amnesty at your local sheriffs station and proceed to obtain your permit under normal regulations. This is 100% legal, no matter what some might say. if you declare that handgun at the local dept, you have 1 year to obtain your permit and you cannot be charged. Once you have the permit, they will put the SN's on it (the new permit) and its yours. 100% legit.

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    Quote Originally Posted by Saltwater60 View Post
    Only way to do it is to have an FFl in PA ship it to an FFL in NYS then you go to the permit office and get it added to your permit. You then go to the FFL in NYS and pick it up. The FFL in NYS needs to give you a receipt to take to the permit office prior to you adding it to your permit.
    Thank you Saltwater60. Would getting a non-resident PA license simplify? I'm guessing not.

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    Quote Originally Posted by Vicarious View Post
    You can bring it cross the border, then turn it in under amnesty at your local sheriffs station and proceed to obtain your permit under normal regulations. This is 100% legal, no matter what some might say. if you declare that handgun at the local dept, you have 1 year to obtain your permit and you cannot be charged. Once you have the permit, they will put the SN's on it (the new permit) and its yours. 100% legit.
    Why bother? Seems like a lot of trouble and also setting yourself up for problems with the law. Yes, yes it may be legal, but barely. If he stops for gas he may find himself being a felon. There is simply no reason or benefit and lots of risk. This is terrible advice.

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    Quote Originally Posted by dpStickney View Post
    Thank you Saltwater60. Would getting a non-resident PA license simplify? I'm guessing not.
    NY does not recognize other states permits. You have no need for one in this case anyway. Have it sent to your FFL in NY. They will give you paperwork which you will take to your permit office and they will add it to your permit. You may then go back and take possession. Very simple.

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    Quote Originally Posted by smitty846 View Post
    Why bother? Seems like a lot of trouble and also setting yourself up for problems with the law. Yes, yes it may be legal, but barely. If he stops for gas he may find himself being a felon. There is simply no reason or benefit and lots of risk. This is terrible advice.
    It works just fine. You cannot be charged, I know someone who was unaware of NYS law,and drove several handguns here from florida. County held his handguns for the 3 or 4 months it took to get his permit,and handed them back to him.

    ******This is NOT something I would do personally, nor do I recommend this procedure..but it does work*****
    Last edited by Vicarious; 07-03-2020 at 07:17 AM.

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    Thanks to all of you for your feedback. I now have a better direction on what needs to be done. Much appreciated! Have a great weekend!

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    An out of state permit will not help you but getting a PA permit is not a bad idea if you can.

    I’d leave it in PA since you can use the gun down there. In NYS you can’t use it at all. Also turning it into the sheriff or police is not advisable IMO. If you don’t get the permit for some reason they keep it as far as I know. Also some counties might be better than others. Monroe is middle of the road.

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    Also if you turn them in to police to hang on to you may never get them back. I know someone who turned in his fathers pistol after he died and they said they would keep it until he got his permit. When he finally did get his permit he went to pick up the gun and the police told him they had destroyed all of the guns in their department safe.

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    Quote Originally Posted by Vicarious View Post
    You cannot be charged
    You can always be charged.
    Casca and domeshine like this.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    Quote Originally Posted by OwnTheRide View Post
    You can always be charged.
    And here in Cuomostan you probably would be.
    Casca likes this.

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    Quote Originally Posted by OwnTheRide View Post
    You can always be charged.
    Well, here in New Yorkistan, I suppose this is probably true.

    However, there are mechanisms in place for those who find themselves in possession of an illegal handgun to turn that weapon over to authorities with amnesty.
    Its under penal code 265.20
    S 265.20 Exemptions.

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    Quote Originally Posted by Vicarious View Post
    Well, here in New Yorkistan, I suppose this is probably true.

    However, there are mechanisms in place for those who find themselves in possession of an illegal handgun to turn that weapon over to authorities with amnesty.
    Its under penal code 265.20
    S 265.20 Exemptions.
    That doesn't fit here though does it? He is talking about going to another state and introducing the weapon into this state. He didn't find himself suddenly in possession of it. He took deliberate action to obtain the illegal weapon. If he was to be pulled over on this trip and the pistol was discovered would the officer believe he was just on his way to come to his office to surrender it? Doubtful. It would be exposed that he drove out of state to retrieve the weapon and he then knowingly brought it into this state where it is illegal to do so.

    There is just no need to take this route. It is in fact much easier for it to just be shipped to the FFL. This is the only good option. Even if the gun managed to be surrendered there is no guarantee of ever getting it back again, as I already posted previously.

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    I think the easiest way to do this is the FFL to FFL transfer. In our county if you turn in a gun to the sheriff to get cleared you still have to have an FFL holder pick the gun up when clear and have them put it on your permit. I guess all counties do things differently.
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    Quote Originally Posted by smitty846 View Post
    That doesn't fit here though does it? He is talking about going to another state and introducing the weapon into this state. He didn't find himself suddenly in possession of it.
    Isn't it tho? Guy drives 3 handguns in from FL? Only realizing a month or two later, he effed up? I've seen the system work as designed, I was one of his 4 reference letters, pistols returned.

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    Quote Originally Posted by Vicarious View Post
    Isn't it tho? Guy drives 3 handguns in from FL? Only realizing a month or two later, he effed up? I've seen the system work as designed, I was one of his 4 reference letters, pistols returned.
    The point is that while your suggestion has merit, it exposes the individual to the potential wrath of overzealous government officials, in multiple ways. There are other ways to accomplish the same, that don't.
    Last edited by OwnTheRide; 07-09-2020 at 11:16 AM.
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    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    One more thing to add. You can send the gun to a NY FFL yourself without having to have a PA one did it. You can FedEx or UPS the pistol to an FFL. Btw I am a LEO and FFL
    FledNYistan likes this.

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    Here in Livingston county our Sheriff would certainly hold on to it while you got your permit. And, this is one of the quickest counties in the state at processing your application. Monroe county? Couldn’t say but friends have waited a year or more. Wouldn’t trust them.

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    I've read the other responses. You should have your son go down and take the pistol to an FFL in PA (your BIL can't do it because it isn't registered to him) who will ship it to YOUR chosen FFL in Monroe County. He will give you a receipt for it after making the background check call. You take that receipt to the Sheriff's office where they will put it on your permit and give you a coupon. Take the coupon back to your FFL and he will give you the pistol. That's the truly LEGAL way to do it. I wouldn't turn the pistol in to the Sheriff's office under amnesty, especially in Monroe County. You might never get it back..... just saying.
    Last edited by marysaerie; 07-08-2020 at 10:13 PM.

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    Quote Originally Posted by Vicarious View Post
    You can bring it cross the border, then turn it in under amnesty at your local sheriffs station and proceed to obtain your permit under normal regulations. This is 100% legal, no matter what some might say. if you declare that handgun at the local dept, you have 1 year to obtain your permit and you cannot be charged. Once you have the permit, they will put the SN's on it (the new permit) and its yours. 100% legit.
    I have no idea why this recommendation is made when the OP stated he had a NY CCW Permit. It's actually a recipe for handing your firearm to a cop, or a district, that is unfriendly to firearms and unnecessarily involves government.

    Also, it appears that Vicarious hasn't read the OP's post in which he/she says he/she has a NY permit.

    Have the gun shipped to an FFL, get the receipt from the FFL, go to the county clerk, have the gun added to your CC permit, then go get the gun from the FFL. All legal, all easy. The right way to do it. No mess, no fuss. Well, some fuss, but no mess.

    And as another has said, you can take the pistol to PA to shoot. All legal.

    Do not do what Vicarious suggests, as it has no bearing on your situation.

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    Quote Originally Posted by marysaerie View Post
    I've read the other responses. You should have your son go down and take the pistol to an FFL in PA (your BIL can't do it because it isn't registered to him) who will ship it to YOUR chosen FFL in Monroe County. He will give you a receipt for it after making the background check call. You take that receipt to the Sheriff's office where they will put it on your permit and give you a coupon. Take the coupon back to your FFL and he will give you the pistol. That's the truly LEGAL way to do it. I wouldn't turn the pistol in to the Sheriff's office under amnesty, especially in Monroe County. You might never get it back..... just saying.
    Sheriff's office, or County Clerk? In Wayne County, the next county over from Monroe, all additions/changes to a CCW were done at the County Clerk. YMMV.

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    Quote Originally Posted by marysaerie View Post
    You should have your son go down and take the pistol to an FFL in PA (your BIL can't do it because it isn't registered to him)
    I think this statement is incorrect (but I am not 100% certain). Remember, the gun is in PA. You don't register handguns in PA. Furthermore, there are provisions for people to loan their handguns to others - see 6115 section B.1.i - basically says a person may loan a firearm to a recipient that holds an LTCF.

    I see nothing prohibiting a person from loaning their firearm to another LTCF holder, who then brings the firearm to an FFL to ship. I'm open to being corrected with cited facts, though.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    Quote Originally Posted by OwnTheRide View Post
    I think this statement is incorrect (but I am not 100% certain). Remember, the gun is in PA. You don't register handguns in PA. Furthermore, there are provisions for people to loan their handguns to others - see 6115 section B.1.i - basically says a person may loan a firearm to a recipient that holds an LTCF.

    I see nothing prohibiting a person from loaning their firearm to another LTCF holder, who then brings the firearm to an FFL to ship. I'm open to being corrected with cited facts, though.
    Correct - anyone can take a pistol to a FFL in PA and have it shipped to any other FFL. No license is required to possess a pistol in PA.

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    Quote Originally Posted by FledNYistan View Post
    I have no idea why this recommendation is made when the OP stated he had a NY CCW Permit. It's actually a recipe for handing your firearm to a cop, or a district, that is unfriendly to firearms and unnecessarily involves government.

    Also, it appears that Vicarious hasn't read the OP's post in which he/she says he/she has a NY permit.

    Have the gun shipped to an FFL, get the receipt from the FFL, go to the county clerk, have the gun added to your CC permit, then go get the gun from the FFL. All legal, all easy. The right way to do it. No mess, no fuss. Well, some fuss, but no mess.

    And as another has said, you can take the pistol to PA to shoot. All legal.

    Do not do what Vicarious suggests, as it has no bearing on your situation.
    ^^^^^^^^^^^^^^100000% correct ^^^^^^^^^^^^^^

    Doing anything other than exactly the above is pretty idiotic.

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