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June 6th, 2012, 09:51 PM #1Grand Member
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Legality of purchasing a shotgun in NY
Ive been in the market for a shotgun for quite a while and the ohter day I stumbled onto what looks like a never been fired Saiga 12. Or very limited use. Price was also several hundred under what I expected. Only thing is its in a store in NY. How much difficulty would I have purchasing said shotgun and getting it home?
Any delayed wait or is it walk in pass the background and walk out?
Any transport issues? Im sure Ill need it locked in a case but thats no big deal.
Thanks guys.
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June 6th, 2012, 10:40 PM #2
Re: Legality of purchasing a shotgun in NY
I don't know about buying a gun in NY but this guy couldn't even buy ammo so I have a feeling a gun might be a bit harder
http://forum.pafoa.org/national-11/1...-resident.html
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June 6th, 2012, 11:30 PM #3Super Member
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Re: Legality of purchasing a shotgun in NY
There shouldn't be too much difficulty. You pay the seller for the gun, including shipping. They send it to an FFL near you in PA who logs it into their books, performs the NICS check, ( I'm assuming you pass one of those.) and hands you the shotgun. You go to the range, blast off a few rounds, and tell the wife (assuming you are a married male) that the paperwork took longer than expected. She smells gunpowder on your hands, and let's you get away with it if you've been good lately.
I could be wrong, though. Before committing to he purchase, find out if they will ship to your FFL and how much shipping will be. Also make sure your FFL will receive the shotgun from the shipper. Some won't accept a gun from a non-FFL holder.
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June 6th, 2012, 11:53 PM #4Grand Member
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Re: Legality of purchasing a shotgun in NY
To buy a shotgun in New York all you need is a valid photo ID, You can buy long Guns in any state in the US , it is Pistols that have to be sent to a FFL, New Jersey and New York people buy long Guns in PA all the time.
In New York If you have a Handgun license the "NICS" check is not done, not sure about if its a PA Handgun license though. When i lived in NYC i had a "pistol license" whenever i bought a long Gun the Background check is not done , thats a NEW york state thing.
THose SAigas are getting harder and harder to find, the company that makes them in Russia is having a hard time financially and the Russian Government said that they are not bailing them out.
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June 7th, 2012, 12:33 AM #5Grand Member
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Re: Legality of purchasing a shotgun in NY
Maybe I misunderstand your response, but if I understand what you're saying then I think you are incorrect.
http://www.atf.gov/firearms/faq/unli...-state-firearm
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A: A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]I am not a lawyer. Nothing I say or write is legal advice.
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June 7th, 2012, 03:37 AM #6Super Member
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Re: Legality of purchasing a shotgun in NY
I have bought a few long guns in NY. Basically its the same ther as is here. Fill out the paper work , do NICS check and go home with the long gun.
Just make sure its not loaded and visible in the car/truck.
Snert
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June 7th, 2012, 06:35 AM #7Grand Member
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Re: Legality of purchasing a shotgun in NY
I couldnt believe how good a shape this is in and after the initial shock wore off from that I looked at the price and realized that I hadnt even seen one for that little ever. Im really thinking hard on it.I can tell the wife its an investment. Thank you for the help guys.
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June 7th, 2012, 11:33 AM #8
Re: Legality of purchasing a shotgun in NY
Now you got me confused Unless restricted by the statutes of the state of residence or state of transfer:
A person may purchase a longarm from an FFL in ANY state - it is not restricted to FFL's of their state of residence. Similarly a 'purchaser' can have a longarm sent to an FFL in ANY state and take formal possession at that receiving FFL's shop -they are not restricted to having the longarm shipped to an FFL in their home state.
18 USC 922(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 (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
The ATF quote specifically asked about using an in-state FFL and is correct as specified. However, it does not address or preclude using out-of-state FFLs.Last edited by tl_3237; June 7th, 2012 at 11:36 AM.
IANAL
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June 7th, 2012, 07:22 PM #9
Re: Legality of purchasing a shotgun in NY
I know my uncle from florida came to visit a few years ago and bought a henry rifle at my dads local gun shop in NY no problem. Just the usual paper work.
WHEN DEMOCRACY TURNS TO TYRANNY, THE ARMED CITIZEN STILL GETS TO VOTE
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June 7th, 2012, 10:57 PM #10Grand Member
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