A hypothetical FFL question for you (NY)

[NMPinNYC]

A good friend of mine - high school buddy, from about forty years back - recently contacted me for my opinion (I’m not a legal eagle) with the following. I was planning to run it by Evan Nappen, famed firearms attorney in NJ whose latest book on firearms law interpretation I purchased late last year. In the meantime I thought I’d offer the question up to the hive here for thoughts:

Here is the content:
“If a person's elderly parent dies and while cleaning out the home a handgun is located which was purchased when the father returned to the States after the Vietnam War but which doesn't appear to have been registered, can this be added to the son's NY permit? I know that it would initially have to be turned over to a LE authority (or FFL?) Is there a process that can be completed (a form that can be completed along with a NICS check) or, once reported, will the state use the opportunity to seize/destroy a handgun that might not have ever been registered in NY? What constitutes an antique firearm?”

I value and appreciate your input.

Best, Nick.

 

[ladder13]

I have purchased a few guns that had no history or registration while I was living in NY. I used an FFL who ran it through his books and provided me with the paperwork to get a coupon and add it to my permit.
DM me if you want to know his name.

 

[NMPinNYC]

I have purchased a few guns that had no history or registration while I was living in NY. I used an FFL who ran it through his books and provided me with the paperwork to get a coupon and add it to my permit.
DM me if you want to know his name.

Thank you sir, I appreciate your experience and the offer to ping you on this, which I will absolutely do. Thank you! Nick.

 

[GypsmJim]

After WWII one of my Dad's buddies came back with 2 Lugers. He had a gunsmith remove the firing pins. He then took it to the local police station and the officer told him that they were legal because they could not be fired, so he didn't have to worry. Today an interpretation like that wouldn't fly.

During the 1980's a buddy of mine got a Vietnam bringback from his brother. One of the members of our club was a cop and he did the online check for stolen firearms and it came up clean. Another member was an FFL and he did the 4473 and gave him a bill of sale, so my buddy got it registered no problem. That was 40 years ago. I would be afraid to take it to the police without better knowledge of what might happen in today's SafeAct and SafeAct II world.

What I would do is call up your local County Pistol Permit dept. Tell them your brother in FL has a family heirloom and want to bring it to NY. Whatever they tell you, confirm it with your local police agency.

An antique firearm is a long gun made before 1898. It can be transferred without an FFL. HOWEVER, in NY ALL handguns need to be registered with NICS and FFL regardless of age.

 

[kev74]

I was gifted a pistol from the estate of a friend. The family didn't have any documentation for it.

I talked to my local FFL. They put it in their books as " from the estate of..." and gave me a receipt that I submitted to the pistol permit office. When my cards came back, the FFL ran the nics check, I paid them for their service, and took the pistol home.

I would recommend dealing with a local FFL, and NOT the local police/sheriff/state police. The FFL has a financial interest in keeping you happy. The police don't, and in some jurisdictions have no problem seizing your gun.

 

[ladder13]

^^^^^^^^^

This, let the local FFL handle it, preferably in the County the recipient resides, they know what they’re doing, especially with the NY laws.

 

[GypsmJim]

I was gifted a pistol from the estate of a friend. The family didn't have any documentation for it.

I talked to my local FFL. They put it in their books as " from the estate of..." and gave me a receipt that I submitted to the pistol permit office. When my cards came back, the FFL ran the nics check, I paid them for their service, and took the pistol home.

I would recommend dealing with a local FFL, and NOT the local police/sheriff/state police. The FFL has a financial interest in keeping you happy. The police don't, and in some jurisdictions have no problem seizing your gun.

What NY County was it in?
How long ago was it?

Since the SafeActs were put in force, everything has changed. Also, Pistol Permits are County controlled by a County Judge, and the differences among the "rules" vary considerably from one county to another.

I lived in a "Communist State" county and when I moved and transferred my Permit I was amazed at the differences. Before I could never have gotten a full carry permit, but the new Judge approved me with no hassle.

The other issue is that the State is not only after You and I, but FFL holders as well. It has made some of them leery of prosecution and thus they try to do everything by the book.

So, yes, contact an FFL, but if you don't like his answer, ask another one.

 

[kev74]

What NY County was it in?
How long ago was it?

Since the SafeActs were put in force, everything has changed. Also, Pistol Permits are County controlled by a County Judge, and the differences among the "rules" vary considerably from one county to another.

I lived in a "Communist State" county and when I moved and transferred my Permit I was amazed at the differences. Before I could never have gotten a full carry permit, but the new Judge approved me with no hassle.

The other issue is that the State is not only after You and I, but FFL holders as well. It has made some of them leery of prosecution and thus they try to do everything by the book.

So, yes, contact an FFL, but if you don't like his answer, ask another one.

Orange County, 2 years ago.

I agree with shopping for a cooperative FFL.

 

[SVT-THUNDER]

I have nothing of value to add since I live in a gun friendly state. Just wanted to say it’s a shame at the hoops you guys have to jump through to simply own and possess a gun and/or a CCW.

 

[Muley Gil]

After WWII one of my Dad's buddies came back with 2 Lugers. He had a gunsmith remove the firing pins. He then took it to the local police station and the officer told him that they were legal because they could not be fired, so he didn't have to worry. Today an interpretation like that wouldn't fly.

During the 1980's a buddy of mine got a Vietnam bringback from his brother. One of the members of our club was a cop and he did the online check for stolen firearms and it came up clean. Another member was an FFL and he did the 4473 and gave him a bill of sale, so my buddy got it registered no problem. That was 40 years ago. I would be afraid to take it to the police without better knowledge of what might happen in today's SafeAct and SafeAct II world.

What I would do is call up your local County Pistol Permit dept. Tell them your brother in FL has a family heirloom and want to bring it to NY. Whatever they tell you, confirm it with your local police agency.

An antique firearm is a long gun made before 1898. It can be transferred without an FFL. HOWEVER, in NY ALL handguns need to be registered with NICS and FFL regardless of age.

Per Federal law, the date is pre 1899.

 

[Puller]

Here's how that scenario would work in the free state of Mississippi:

"Look what I found, I have a new gun!"

 

[javbike]

I have another FFL question I live in California so if I purchase from a friend with his FFL I can pick up the gun in 10 days from that same FFL correct. The gun doesn’t need to be ship to another FFL correct

 

[ladder13]

I have another FFL question I live in California so if I purchase from a friend with his FFL I can pick up the gun in 10 days from that same FFL correct. The gun doesn’t need to be ship to another FFL correct

If he is an FFL in CA, shouldn’t be a problem I wouldn't think. but CA has weird laws. It shouldn’t matter that he is a friend.

 

[GypsmJim]

I have nothing of value to add since I live in a gun friendly state. Just wanted to say it’s a shame at the hoops you guys have to jump through to simply own and possess a gun and/or a CCW.

If a person bases where they live on a single topic, I see that as being nearsighted. Life is complex. My Ancestors have been in NY since 1894, and we have no reason to leave, even though many have told us life is better elsewhere.

If you saw my mountain cabin, you wouldn't want to leave it either.
Everyone in my family has a CCW - maybe a hoop but not really a problem.
I can buy a handgun at 9:00 AM when the LGS opens, and be shooting it by lunchtime.
My club has 7 ranges and a fishing pond and the dues are $40/year. 24/7 indoor range.
The fishing is great, and no salt water to contend with.

OTOH,
We don't have waiting periods.
We don't have tornados or hurricanes.
We don't have riots. A recent "massacre" in the poor part of town caused people of all races to gather and pray. Local businesses donated a lot of $ to the survivors.
Although our taxes are considered high, the reasonable real estate prices balances out the monthly payment.

I'll take our "hoops" any day. They are only a minor inconvenience.

 

[Bald1]

Well, there was that tornado a couple days ago near Little Valley lol

 

[GypsmJim]

Well, there was that tornado a couple days ago near Little Valley lol

Yeah, never say never, right?....LOL.

My home is in Niagara County. Never heard of one here up north....at least since I lived here.

My camp is in Allegany County, one road north of PA. We DID have a tornado there once in the last 38 years. It bounced up and down and hit my driveway. Nine trees down. Good news, bad news. The cabin was untouched, and I had 6 years of firewood. Except I had to cut it all...

My son moved to TN for his job. His Niagara County home sold for $450,000. His home in TN cost $1.1M. Within 6 months of moving in a tornado hit. He was lucky. Only tens of thousands in damage. The house on the next block was leveled and the residents needed to be dug out. His old Gun Club in Niagara County had no range fee and a yearly $50 dues. His new TN range costs $40 an HOUR.

You do what you can and you take your chances. Statistically you can plan what will or may not happen. We Americans are blessed in that we have lots of choices.

 

[Bald1]

Jim, idk why but I thought your camp was in Chautauqua County. Mine is also Allegany County. Back in the 90s when I lived in Amherst I was a member of Niagara County Sportsmen Club across from Bonds Lake. It was a little bit of a drive but I’d go during the day on weekdays and have the place to myself.