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Thread: How to accept pistol gift from out of state relative?

  1. #1
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    How to accept pistol gift from out of state relative?

    My father bought me a pistol. I live in Onondaga county and already have a carry permit. Can anyone provide me with the right procedure to transfer it the correct way?

    I would love to just bring it back into the state with me and have an FFL do the transfer, but I'm guessing that's not allowed, knowing NY.

    Thanks in advance.

  2. #2
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    How to accept pistol gift from out of state relative?

    I live in Ohio. My wife lives in the house we own in Alabama. I got her a firearm for Christmas as a gift. I purchased the firearm in Ohio, drove with it to Alabama, and gave it to her. While I was in Alabama, I was using my Alabama residence, making the transfer without an FFL perfectly lawful.

    Residence law for the purpose of a firearms transfer is not the same as residence for taxes and voting. It is where you are staying at the moment with the intention of maintaining a home. I continue to maintain a home in Alabama, so when I am staying there, Alabama is my residence for the purpose of transferring firearms.

    BATFE regulations specifically recognize the possibility that someone may have more than one residence and that those residences may be in different States.

    I don't know if this helps you. However, if you cannot find a similar way to stay within the law, the only other option I can think of is using an FFL in your State to transfer it to an FFL in the other State to complete the transfer. They will want money to do this.

    Stupid federal law interfering with the natural exercise of an enumerated Right!


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  3. #3
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    Thanks for the quick reply. I'm only a resident of NY, my father is only a resident of NH.

    NY state is particularly snarky about these sorts of things, so I'm hoping someone with NY specific experience can also chime in. My ideal would be to bring it back to NY with me, contact an FFL, and have the transfer processed, with me bringing the gun to him rather than it being mailed.

    I suspect this wont be allowed, because NY likely doesn't trust anyone to possess a hand gun that they're not registered to have, even if gifted and already in possession of a carry license.

    Hoping someone has information to the contrary, though.
    Last edited by ClarksonCote; 03-31-2013 at 05:47 PM.

  4. #4
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    I lived in NY over 20 years.. not saying I'm an expert, but I think I'm correct here: the only legal way I'm aware of is to send it to an FFL in NY and have them transfer it to your permit. Crossing in to NY with a handgun not on your permit would be, as far as I can interpret, a felony.

    Federal law states in order to do a face-to-face transfer (regardless if you're father\son, brother\brother) you must be residents of the same state. Since's he's in NH and you're in NY, you don't meet that either. It would be the same story if you lived here in VT (using as an example because we don't need permits) and him in NH; you may never get "caught" but if the firearm gets stolen and they have to trace it back through to the original purchaser, they'll probably question why it was in a completely different state. Yes, I realize in free states you can walk into an FFL with a firearm that was a gift from another state and be perfectly fine, but I wouldn't try it with a handgun in NY.
    Last edited by Etkini; 05-20-2013 at 02:30 AM.

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