Sale to NY Resident

**00boraslow** · January 25th, 2010, 08:01 PM

Hello,

I have a gentleman who is interested in an AR10 that I am selling. He is a NY resident, but owns a farm in PA. The AR10 is not NY compliant, but he is going to keep the rifle as his farm.

My question to you is, Am I able to do a FTF transaction in PA with him? Or does it have to go through a FFL in PA?

Any help would be great.

Thanks

**Koli01** · January 25th, 2010, 08:04 PM

Deleted faulty information.

**Pa. Patriot** · January 25th, 2010, 08:39 PM

It does not need to go through PA and NY FFL.
Only one or the other.
It will need to be NY compliant.

**tl_3237** · January 25th, 2010, 09:01 PM

Depends whether he stays (resides) at the Pa farm for periods of time.

By ATF regulation, he may well be considered a PA resident for those periods of time and hence able to purchase longarms free of the normal Federal restrictions since it would be an intrastate transaction. Thus, on a Federal level you could sell it to him without violating 18 USC 922(a)(5).

Note that he would have to keep it at the Pa farm. If he tried to bring it back to NY at some time he would be in violation of 18 USC 922(a)(3).

AS far as Pa is concerned, as long as the transaction takes place in Pa it does not require an FFL.

**emsjeep** · January 26th, 2010, 04:30 AM

Sell it to him in pieces and transfer the lower through an FFL. I don't know what the status of AR lowers being transferred to non-residents is, but you will need to use an FFL if he claims residency in NY (voting, taxes, vehicle registration, driver's license). If it has anything but a fixed stock remove the pistol grip for the sale. What he does after you transfer it is his business. It wouldn't be illegal for him to own in PA as a complete rifle, just to buy.

To make it NY legal you would have to keep only one of the following features: Pistol grip, telescoping stock, bayonet lug, threaded barrel, flash hider. Conceiveably you could remove the front sight block and the bayonet lug, unscrew the flash hider, unscrew the pistol grip and put a fixed stock on it, retaining the threaded barrel, and then transfer it as a whole rifle through the FFL if you are unable to transfer just a lower.

What is the date of manufacture of the lower?

From 265.00
"Assault weapon" means (a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two of the
following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher