NY new laws on ammo

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Recent article on the challenges for dealers selling ammo under the new law. A sentence in the article about requiring a permit to purchase semi auto rifles raised a question for me.

What is to stop a NY resident from legally buying a semi auto rifle in PA? As far as I know, out of state residents are allowed to purchase long guns.

NYS gun law revises ammunition sales process | wgrz.com

Robert
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You bring up an excellent point, could the politicians in NY that advocate these "Safe Act Laws" be ignorant to the processes for legally purchasing a long gun? As a former NYS resident there was very little compliance when the SA was enacted for registration of Modern Day Sporting Rifles. My thinking is, you will not be stopped from making an out of state purchase, as with those who previously failed to register MDSR's if there should be an interaction with NYSP ya better have a lawyer on retainer.

Remember: The All Seeing Eye Is Watching Us All!
 
The out of state sale to a non-resident has to be legal in both states. Note the second paragraph.



May a licensee sell a firearm to a nonlicensee who is a resident of another state?

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a state other than the state in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser's state of residence and the purchaser takes delivery of the firearm from the licensee in his or her state of residence.

In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the state where the licensee's business premises is located in an over–the–counter transaction, provided the transaction complies with state law in the state where the licensee is located and in the state where the purchaser resides.

[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]

May a licensee sell a firearm to a nonlicensee who is a resident of another state? | Bureau of Alcohol, Tobacco, Firearms and Explosives
 
ATF requires the seller to abide by the buyer's state's laws. That's why Californians are always turned away at gun stores here in NV. I don't know the laws of your state but I assume NY is at least as restrictive as CA. For Californians, the only solution is to have the gun transferred to an FFL in CA and complete the transaction there. Most selling FFL's don't want anything to do with this.


Ammo is a different matter. Nothing would prevent you from purchasing ammo in person out of state. NY might have laws against bringing it home, but that's a difficult law to enforce.
 
FWIW,,NYS law is still set in the orig GCA68 parameter of 'bordering states only' when it comes to it's residents purchasing Long Guns out of state.

So NYS residents can purchase a long gun out of state,,but only in those states that directly border NY. (PA, NJ, CT, MA, VT)
With that, those bordering states and the FFL's in them are pretty savy as to the gun laws over the border in NYS.

They would be foolish to sell a SA Rifle to a NYS resident with the current law the way it is.

Once the details get sorted out, if they ever do, perhaps it will be OK for the sale&transfer to be made if the NYS resident has the proper SA-Rifle permit/license or whatever they are going to come up with.

Right now, this past week, upstate counties have indicated that regular P/P holders (those with P/P issued before 9/1/22) will be able to have their P/P simply stamped as 'SA-Rifle valid'. That with a trip to the County Clerks office.
No additional application, permit, license fees, classes, etc.

That will allow that person to purchase a SA Rifle and will satisfy the new Law when it comes to the FFL transfer.
As I understand this recent clarification(?), the SA Rifle will not have to be registered on the Permit, so it can be transfered to the buyer and taken with them at the time of purchase.

The extra SA-Rifle ammendment to an existing P/P or a separate SA-Rifle Lic/permit allows the purchase/transfer. There is no registration of the rifle (yet?).

Assault Rifles are still registered though under the orig SAFE Act (2014).
If you had one and didn't register it by 4/1/14 I think was the date,,you can't anymore.

Persons that do not have a NYS P/P issued before 9/1/22 will have to apply for the separate SA Rifle permit just like a Handgun P/P,,all the paperwork, pics, prints, 16+2hrs class time etc.

Pretty Simple ain't it!!


Added:

Right now there is no NYS Ammunition background check system in place.
The new law calls for it. The NYSP will handle it.

The phone # for the dealer to call will then be the same as the dealer calls for the NICS check.
It will be a new 800# that the dealer calls and will go right to the NYSP.

The Point of Contact for the NICS is being changed to the NYSP, instead of directly to the FBI.
A $15 fee applies to every call the dealer makes for a background check,,ammo or firearm,,doesn't matter.
Get ready for that to be passed on.

In the new law it states that the NYSP shall have the Ammunition BG check system up and running either 60days or 90days (can't recall which) from the date the law takes effect (9/1/22)

Some dealers are all ready taking it upon themselves to keeping a 'book' for ammo purchases. Trying to CYA I guess. No guidance coming forth, probably not a bad idea.

Some are scanning DL's for ID. That doesn't make people happy.
Others are just writing down the DL# just like on a 4473 for ID purposes and then listing the name, address, etc and the type of ammo and quantity.

When the GCA68 went into effect and until 1986,,we FFL's were required to keep such an Ammunition Log Book.
Most have forgotten about that or never knew about it.
The same old idea rekindled.
It was dropped in 1986 (Omnibus Crime Bill) as an unnecessary and of little or no use crime fighting tool.
 
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FWIW,,NYS law is still set in the orig GCA68 parameter of 'bordering states only' when it comes to it's residents purchasing Long Guns out of state.

So NYS residents can purchase a long gun out of state,,but only in those states that directly border NY. (PA, NJ, CT, MA, VT)
With that, those bordering states and the FFL's in them are pretty savy as to the gun laws over the border in NYS.

They would be foolish to sell a SA Rifle to a NYS resident with the current law the way it is.

Once the details get sorted out, if they ever do, perhaps it will be OK for the sale&transfer to be made if the NYS resident has the proper SA-Rifle permit/license or whatever they are going to come up with.

Right now, this past week, upstate counties have indicated that regular P/P holders (those with P/P issued before 9/1/22) will be able to have their P/P simply stamped as 'SA-Rifle valid'. That with a trip to the County Clerks office.
No additional application, permit, license fees, classes, etc.

That will allow that person to purchase a SA Rifle and will satisfy the new Law when it comes to the FFL transfer.
As I understand this recent clarification(?), the SA Rifle will not have to be registered on the Permit, so it can be transfered to the buyer and taken with them at the time of purchase.

The extra SA-Rifle ammendment to an existing P/P or a separate SA-Rifle Lic/permit allows the purchase/transfer. There is no registration of the rifle (yet?).

Assault Rifles are still registered though under the orig SAFE Act (2014).
If you had one and didn't register it by 4/1/14 I think was the date,,you can't anymore.

Persons that do not have a NYS P/P issued before 9/1/22 will have to apply for the separate SA Rifle permit just like a Handgun P/P,,all the paperwork, pics, prints, 16+2hrs class time etc.

Pretty Simple ain't it!!


Added:

Right now there is no NYS Ammunition background check system in place.
The new law calls for it. The NYSP will handle it.

The phone # for the dealer to call will then be the same as the dealer calls for the NICS check.
It will be a new 800# that the dealer calls and will go right to the NYSP.

The Point of Contact for the NICS is being changed to the NYSP, instead of directly to the FBI.
A $15 fee applies to every call the dealer makes for a background check,,ammo or firearm,,doesn't matter.
Get ready for that to be passed on.

In the new law it states that the NYSP shall have the Ammunition BG check system up and running either 60days or 90days (can't recall which) from the date the law takes effect (9/1/22)

Some dealers are all ready taking it upon themselves to keeping a 'book' for ammo purchases. Trying to CYA I guess. No guidance coming forth, probably not a bad idea.

Some are scanning DL's for ID. That doesn't make people happy.
Others are just writing down the DL# just like on a 4473 for ID purposes and then listing the name, address, etc and the type of ammo and quantity.

When the GCA68 went into effect and until 1986,,we FFL's were required to keep such an Ammunition Log Book.
Most have forgotten about that or never knew about it.
The same old idea rekindled.
It was dropped in 1986 (Omnibus Crime Bill) as an unnecessary and of little or no use crime fighting tool.

As a NYer, in the past, I never had a problem with buying a rifle in Pa.
New Jersey was a different story. It had to be shipped to my LGS.
A CT dealer wasn't too keen on doing it either.

Not sure where I stand on the 18 hours of course time when my permit expires next year. They're all over concealed carry holders for this, but I desire nothing more than my current sportsman license, soon to be known as a premise permit. I haven't seen it spelled out for folks like me. The fact that I live on LI, might also be a factor in this.
 
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What states or commonwealths allow this???? AFAIK one can only have 1 residence or domicile with drivers license ECT.

Many people up here have 2 residences. The other residence is normally a southern state with Florida being in the lead.

A normal MO goes something like this the one residence taxes are paid by the wife, the other residence the husband pays the taxes.

For all the good it might do now a few years ago NY amended the Pistol permit law to allow people that lived 1/2 time in another state to keep or get a NY permit.

As of now nobody knows what the heck is going on since the big SCOTUS decision was spit on by the elite people that run NYS a few weeks back:mad:
 
What states or commonwealths allow this???? AFAIK one can only have 1 residence or domicile with drivers license ECT.
When I lived in NY, I had a PA non-driver ID.

You can only have 1 DL but can have as many IDs as you want.
 
The new NY laws essentially place the same rules on a semi auto as it does a handgun. You need the permit to buy it AND to posses it. So if you bought one out of state, bringing it into NY without it listed on your permit is illegal. NY issues plastic permit cards (like a credit card) with every handgun u own listed on the back along with serial #. Now they are listing semi autos……. As a side note a judge has already laid out how he would rule, and how a suit should be presented. These new laws will be short lived. For many many reasons
 
The new NY laws essentially place the same rules on a semi auto as it does a handgun. You need the permit to buy it AND to posses it. So if you bought one out of state, bringing it into NY without it listed on your permit is illegal. NY issues plastic permit cards (like a credit card) with every handgun u own listed on the back along with serial #. Now they are listing semi autos……. As a side note a judge has already laid out how he would rule, and how a suit should be presented. These new laws will be short lived. For many many reasons

To expand on this, every semi auto rifle, including rimfires.
If you had one prior to 9/4, you're ok and there is no need for a special permit or PL to have it.
 
When I lived in NY, I had a PA non-driver ID.

You can only have 1 DL but can have as many IDs as you want.

Yep. The state that issued your driver license is irrelavent. You only need to show proof of residency to meet federal requirements. States may have additional requirements, but none restrict firearms sales to only those with a driver license.
 
The new NY laws essentially place the same rules on a semi auto as it does a handgun. You need the permit to buy it AND to posses it. So if you bought one out of state, bringing it into NY without it listed on your permit is illegal. NY issues plastic permit cards (like a credit card) with every handgun u own listed on the back along with serial #. Now they are listing semi autos……. As a side note a judge has already laid out how he would rule, and how a suit should be presented. These new laws will be short lived. For many many reasons

We are still on the paper P/P, no fancy plastic card yet.
Our County Clerk has stated that P/P holders in the county can come into the office and have their P/P stamped for the Semi-Auto Rifle purchase/possession.
She says that satisfys the new law. No need to actually register the rifle on the P/P, just show the ammended P/P to the FFL dealer. The sale/transfer can take place like any other long gun and walk out the door.

We'll see how that goes!
Seems like everyone is now making their own 'guidance rules'.

Already possessed SemiAuto rifles before 9/1/22 are not covered by the law while in possession of the person at the time the law went into effect.
Only when sold/transfered after 9/1/22 does the next owner need the SemiAuto Rifle updated P/P or a separate SemiAuto Rifle licanse.

I ask the obvious,,how does anyone know that a S/A rifle in someones possession is one they had before 9/1/22..

" Got it yrs ago" ,,no I don't have a receipt and I don't need one.
"No I don't have a SemiAuto Rifle license and I don't need one 'cause I've had it for yrs before this stupid law was signed."
 
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