Buying firearm from Ny

**Super38** · December 15th, 2013, 03:38 PM

I'm a Pa resident and found a nice shotgun for private sale in NY (not
New York city), anyways is it legal for me to go buy the firearm and return home without going through ffl process?.

**tl_3237** · December 15th, 2013, 03:42 PM

Originally Posted by Super38

I'm a Pa resident and found a nice shotgun for private sale in NY (not
New York city), anyways is it legal for me to go buy the firearm and return home without going through ffl process?.

No. It's a Federal violation to import firearms purchased out-of-state into your home state without the services of an FFL (18 USC 922(a)(3)). For longarms - an FFL of any state can do the physical transfer. If you use a NY FFL, the sale will have to comply with both NY and Pa laws. Once a transfer is FFL completed then the previously Federal law no longer applied pursuant to it's exception in sub-subsection (B).

18 USC 922(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, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;