Need help about rifle transaction out of NYC

[pope414]

Hi all. I need some help. My uncle lives in New York City and wants to give me a few of his rifles being he's getting old. I live in New Jersey have my firearms ID card I just want to make sure of the regs. Any help would be great. It's a person to person transfer between relatives if that matters.

 

[apvbguy]

take the rifles from your uncle then you need to unload them, place them into the trunk of your vehicle, drive DIRECTLY to your home,
bring the weapons into your home.
NJ has no firearms registration and you are not obliged to report your possession of the rifles.

 

[pope414]

Thanks for the help. What would my uncle have to do? How does he report the disposition of the firearms. He received a letter that due to the new laws he has to sell to an out of state resident or dealer,dispose or relinquish them to the nypd. I just want to be sure my uncle has no problems from this bull. Looks like NYC is looking to start a gun grab

 

[JimPage]

Uncle takes guns to FFL in NYC who transfers them to FFL in NJ and you take possession from the NJ FFL.

 

[apvbguy]

Thanks for the help. What would my uncle have to do? How does he report the disposition of the firearms. He received a letter that due to the new laws he has to sell to an out of state resident or dealer,dispose or relinquish them to the nypd. I just want to be sure my uncle has no problems from this bull. Looks like NYC is looking to start a gun grab

the new law in NY is something I haven't any clue about but if your uncle was outside of NYC the rifles were probably NOT registered with the state of NY

 

[NavyLCDR]

take the rifles from your uncle then you need to unload them, place them into the trunk of your vehicle, drive DIRECTLY to your home,
bring the weapons into your home.
NJ has no firearms registration and you are not obliged to report your possession of the rifles.

And both the uncle and the nephew commit separate Federal felonies. Some people prefer to obey the law rather than just do what is easy.

the new law in NY is something I haven't any clue about but if your uncle was outside of NYC the rifles were probably NOT registered with the state of NY

You don't have much of a clue about Federal law either, unless you were just telling him to ignore it.....in which case it would have been best to mention that your initial advice violates a Federal law that has been in existence since 1968 so the OP could make an informed decision whether he wanted to violate it or not.

 

[S&W645]

And both the uncle and the nephew commit separate Federal felonies. Some people prefer to obey the law rather than just do what is easy.



You don't have much of a clue about Federal law either, unless you were just telling him to ignore it.....in which case it would have been best to mention that your initial advice violates a Federal law that has been in existence since 1968 so the OP could make an informed decision whether he wanted to violate it or not.

Correct. Even if you both were NJ residents, transfer in NY would violate the Federal Law. Except in the case of a death, where the person to whom they are willed can take possession of them unless in violation of local laws.

 

[apvbguy]

You don't have much of a clue about Federal law either, unless you were just telling him to ignore it.....in which case it would have been best to mention that your initial advice violates a Federal law that has been in existence since 1968 so the OP could make an informed decision whether he wanted to violate it or not.

maybe I don't have a clue, but the info I offered is precisely how I transferred my handguns and long guns when making a move from NYC to NJ. are you certain about the federal law and it's application to long guns?
and considering I lived in NJ for more than 25 years and then transferred those very same weapons to FLA. was I in violation of federal laws for all these years? I don't think so.

 

[Seeya]

Best way to get the answer is contact the rule maker.

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[BC1]

I don't believe there is a federal violation. At least I can't find one. NYS does not require registration of long guns at this time and your uncle may give you his guns. If there is any concern then go through an FFL.

 

[usmeu25]

How does NY State , or how did they find out about his weapons. I live in Western NY, and the only weapons they know I have are my Handguns. They don't have a clue about any Shotguns, or Rifles

Sent from my SPH-L710 using Tapatalk 4 Beta

 

[NavyLCDR]

maybe I don't have a clue, but the info I offered is precisely how I transferred my handguns and long guns when making a move from NYC to NJ. are you certain about the federal law and it's application to long guns?
and considering I lived in NJ for more than 25 years and then transferred those very same weapons to FLA. was I in violation of federal laws for all these years? I don't think so.

I don't believe there is a federal violation. At least I can't find one. NYS does not require registration of long guns at this time and your uncle may give you his guns. If there is any concern then go through an FFL.

When the uncle, a resident of New York, transfers the rifle to the nephew, a resident of New Jersey, the uncle violates 18 USC 922 (a)(5) and commits a Federal Felony. When the nephew returns to New Jersey with the rifle, he violates 18 USC 922 (a)(3) and commits his own seperate Federal Felony. The transfer between two residents of different states MUST GO THROUGH AN FLL to be legal!

18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

18 USC § 922 - Unlawful acts
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States

Thank you for playing.... have a nice day.

 

[BIGJOHN621]

I don't believe there is a federal violation. At least I can't find one. NYS does not require registration of long guns at this time and your uncle may give you his guns. If there is any concern then go through an FFL.

NYC Requires a permit for all long guns just like pistols. They need to be notified about disposition and will require proof of such. If you don't dispose of guns properly, they will arrest you. BTW - here is the letter they have sent to everyone.

http://www.nyc.gov/html/nypd/downloads/pdf/permits/ny_safe_act_letter_re_lcafd_2013_05_v9.pdf

At least the ongoing war on our civil rights is going well.......

 

[apvbguy]

NYC Requires a permit for all long guns just like pistols. They need to be notified about disposition and will require proof of such. If you don't dispose of guns properly, they will arrest you. BTW - here is the letter they have sent to everyone.

http://www.nyc.gov/html/nypd/downloads/pdf/permits/ny_safe_act_letter_re_lcafd_2013_05_v9.pdf

At least the ongoing war on our civil rights is going well.......

bwahahaha, I left NYC in 1982 with ny registered handguns and never told them squat, I've been back hundreds if not thousands of times ( I commuted to work daily for almost 20 years after moving out)
I have not been arrested, the only issue I could envision is if I ever moved back and tried to register guns there in the future.

 

[pope414]

How does NY State , or how did they find out about his weapons. I live in Western NY, and the only weapons they know I have are my Handguns. They don't have a clue about any Shotguns, or Rifles

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He lives in New York City and the city makes residents register all firearms.

 

[apvbguy]

He lives in New York City and the city makes residents register all firearms.

back in the day registration was mandatory but it was self reporting, I used to buy long guns out of the the city and never register them. the only ones who cared about the registration was NYC the rest of the state did not enforce the city regs

 

[NavyLCDR]

Some people would rather not violate laws if they are given the option. That's why I believe it is only fair to inform them of what the laws state so they can make an informed decision with the facts.

 

[bowserb]

Both of you move to PA. Problem solved.


Sent using Link Removed...so please excuse the typos!

 

[Rocketgeezer]

maybe I don't have a clue, but the info I offered is precisely how I transferred my handguns and long guns when making a move from NYC to NJ. are you certain about the federal law and it's application to long guns?
and considering I lived in NJ for more than 25 years and then transferred those very same weapons to FLA. was I in violation of federal laws for all these years? I don't think so.

Don't egg him on,I'm not so sure he knows all what he claims to but he definatly lives for this stuff, funny thing every time I have ever tried to look up some regulation he's quoted, I cannot find it, or it is not specific, I lived in NY for a lot of years before moving south, and they do have some really screwed gun laws but long guns are not treated the same as handguns, so I would say go and get your uncles guns, give a notorized paper saying you were given the guns and take them home, I know it would be easy to say transfer them through FFL dealers, but that could cost $25-$50 a gun, and if you did try to call authoritys to get a specific answer, you wont or you will most likely get some LEOs interpretation of the law

 

[Paul_of_TX]

My suggestion is definitely easier said than done. You could simply have your uncle give you the guns and then if any trouble ensues fight it in court and use the 2nd Amendment as your defense.