Purchasing handgun from someone out of state?

[RugerSR40]

Hi all,

I'm a New York state resident with an unrestricted carry permit and I have a quick question about buying a handgun from someone out of state. I have a friend who lives in Michigan that would like to sell me a handgun legally. First question, is this even possible? Second question, what processes would I need to complete if it were indeed possible? I am guessing that my friend would ship the pistol to a dealer in my area via an FFL. Then I would get the pistol put on my permit before picking it up. I'm also guessing that there would be an FFL fee as well as a fee for picking it up at the dealer. If anyone could shed some light on this situation I would be very appreciative. Thanks in advance

 

[Phillip Gain]

I can't answer to NY or MI law. But you're right on the Federal law. Firearm must be shipped from the seller to an FFL in the buyer's state. He can ship direct to the FFL by Fedex, UPS, or DHL. You take delivery of the firearm from the FFL in your state.

 

[ryan]

I can't tell you the exact sequence of events, but you are on the right track. The person in Michigan will need to take the firearm to an FFL, pay them a fee, pay for shipping, then ship it out to an FFL in NY and pay them a fee. You'll have to see what your County requires for adding the additional firearm to your pistol license. Contact the FFL you're planning on dealing with and they may be able to speak from experience on exactly what you'll need.

 

[Phillip Gain]

I can't tell you the exact sequence of events, but you are on the right track. The person in Michigan will need to take the firearm to an FFL, pay them a fee, pay for shipping, then ship it out to an FFL in NY and pay them a fee.

That is incorrect. Here is the correct information, per Link Removed

Shipping Firearms

Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL.

Personally owned rifles and shotguns may be mailed or shipped to an FFL in any state for any lawful purpose, including sale, repair, or customizing.

An FFL may ship a firearm or replacement firearm of the same kind and type to a person from whom it was received.

Under U.S. Postal regulations, handguns may be sent via the Postal Service only from one FFL to another FFL, or between authorized government officials.

A person may ship a rifle or shotgun to himself, in care of a person who lives in another state, for purposes of hunting.

Firearms or ammunition delivered to a common carrier for shipment must be accompanied by a written notice to the carrier of the contents of the shipment.

If using a private carrier such as FedEx, UPS, or DHL, an individual can ship a handgun to an out-of-state FFL...but not to an individual in another state.

 

[tuts40]

Seems you've asked a question regarding legal specifics at a general forum. Beware the opinions you get here, as they will be just that. Regardless of the copied and pasted quotes from any site offering state firearm laws, including transfer laws, you will be liable for anything NY will prosecute you for and from what I've seen and read prosecute they will. As for me, I would never live in NY, NJ, etc, let alone try to purchase a gun while there from out of state. That's just my opinion. So do you like it there or are you stuck having to live there for any particular reason? I know some folks actually like living up there. (shaking my head...)

 

[trophyhunter]

You can purchase your friends weapon, and you will have to have the weapon transfered to an dealer (FFL) in New York who can complete the transaction for you PM me and I can give you the excat process

 

[JimPage]

I have lived in NY state for decades. I have bought firearms from out of state and sold firearms to out of staters. The process is not that complicated.

To buy from out of state (in this case pistol) you make the deal with the out of stater, give hin the address and signed copy of your dealer's FFL. The out of stater must take the gun and FFL copy to his FFL and pay him to ship it to your FFL. The FFL will tell you when the gun arrives. The procedure varies from there in various counties, but it essentially is the same process you complete when you buy a pistol from your FFL to get it put on you license.

 

[RugerSR40]

Thanks all! You've all been very helpful/informative! It has most definitely pointed me in the right direction. Tuts40, thank you for the advice. I'm aware that I shouldn't consider anything on a forum as legal advice. I am just looking to get pointed in the right direction. As for living in NY, it isn't so bad. In regards to firearm ownership, you do have to jump through some ridiculous hoops to get your pistol permit, but it is definitely doable with the right research. I got an unrestricted permit on my first try when I applied at 21. Granted, it took six months of waiting but as long as you use common sense then it'll work out. Not to mention that once you get an unrestricted permit you can pretty much take it anywhere except for places prohibited by federal law. I'm not really an advocate of ny's feel good laws, but those laws are meant to discourage people from even trying to obtain handguns. So by giving up you play right into their hands. Like every state, there are some awesome aspects and there are some not so awesome aspects. But that's a conversation for a different thread. Again, thanks everyone for your advice. JimPage, it's good to know that it isn't too complicated of a process. TrophyHunter, I'll pm you like you suggested. Thanks again!

 

[ryan]

Phil,
All that information is great, but has nothing to do with NY State, or Erie County. As you live in MA, following your advice will get at least one person arrested if the shipment ends up in Erie County. I have a pistol license in Erie County, in NY state.

JimPage,
Thanks for validating my advice.