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  #1  
Old 02-07-2021, 01:46 PM
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New York FFL question



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So I sold a 22 pistol on Gunbroker to someone in NY (not the city of NY). I am a private seller. Can I ship the gun to the FFL directly via UPS? I know it is legal to do so federally. I was just wondering if there was some New York state law or restriction preventing him from receiving the gun from a private seller.
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Old 02-07-2021, 03:39 PM
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I would ask the FFL you plan to send it to if he will accept it.
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Old 02-07-2021, 03:53 PM
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I could be wrong, but think it would be cheaper to ship thru an FFL on your end. UPS will only ship a handgun with overnight service, and the last time I used it it was over $80.
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  #4  
Old 02-07-2021, 06:19 PM
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Stubbfarmer, I am aware I can ask him. My question was is there something legality-wise that would prevent him from accepting.

Hawkeye 57, I would love to go through my FFL and use USPS which is what I usually do but this guy won't accept USPS gun packages. Why? Who knows. It would cost the same to use UPS whether I send it myself or my FFL sends it hence my question.
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Old 02-07-2021, 06:59 PM
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In addition to a type 01 FFL license, in some areas of NY State there may be a separate County Pistol Dealers license required for handgun sales and transactions to legally take place in that County.

My ex-brother in law found out about this the hard way; he had a type 01 FFL and decided that he wanted a Cobray M11/9, so he sent a copy of his FFL to an out of state dealer and they sent him the handgun. NY State requires all handguns to be registered and placed upon the owners concealed carry license, so when he went to the pistol permit bureau out in Suffolk County to have it put on his license they asked him where he got the pistol from. He told them that he ordered it from a distributor after sending them a copy of his FFL license. They then asked him if he had a valid license to deal in handguns and he said no...they promptly removed and confiscated the lower from the M11/9 and handed him back the upper. Then they told him to have a nice day and that he'd be contacted by Suffolk County detectives, who arrived at his home about a week later and informed him that in lieu of criminal charges against him they worked out a deal with the Feds and his type 01 FFL license had been revoked, and that he "may" be able to get it reinstated after a years time.

Ooooops.

To avoid any "issues" I suggest that you send the pistol through an FFL dealer on your end and to make sure that the receiving FFL in NYS is legally allowed to receive and transfer it.

Lastly, if this .22LR pistol has a threaded muzzle or a removable magazine that is inserted ahead of the pistol grip it is classified as an "Assault Weapon" under the NY Safe Act and is therefore illegal to transfer to anyone in NYS, *unless the tranferee is a current member of LE.
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Old 02-07-2021, 07:38 PM
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Any gun store in NY can accept your pistol for transfer to the buyer. You of course should ask for a copy of his FFL for your records. The buyer can't possess it until the pistol has been put on his permit and a judge has to sign off on it. He will also have to go thru a NICS check. Depending on the County where the buyer resides, it can take anywhere from a week to a couple months to have the pistol placed on his permit. During that time the FFL has to hold onto it. I know that the FFL that I use prefers UPS for receiving shipments. He has limited operating hours and the UPS driver accommodates him. Ship it how the receiver prefers and charge your buyer accordingly.

The receiving FFL will know the laws and whether the pistol that you are selling is legal for transfer and ownership in NY. Talk to him/them if you have any questions. If the the pistol you are selling has a magazine that holds more than 10 rounds it may not be able to be transferred as NY has a 10 round mag restriction.

Last edited by 2500X; 02-07-2021 at 07:42 PM.
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Old 02-07-2021, 07:43 PM
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Drewbone, Yes this FFL can deal in handguns. I know I can take it to an FFL for an FFL-to-FFL transfer. This is not my question. My original question still stands.
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Old 02-07-2021, 09:40 PM
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There is no law that I am at all aware of that would prevent you from sending a pistol to an FFL in business in NY for the purpose of transferring it to the new buyer. I did hear today at me gun club that there has been a number of handguns stolen during transit. The receiver just gets an empty box. Be sure to insure it.
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Old 02-07-2021, 09:56 PM
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2500X, Thanks for your information. In my research, I couldn't find any New York state laws or statewide restrictions (other than "store policies"). Just wading through the nightmare that is New York gun laws has given me a headache and it seems nothing is clear. It's bad enough I am in Illinois but I really have sympathy for those of you in New York who have to deal with that nightmare. I talked to an ATF guy the other day and he said Commiefornia is absolutely insane with their rules and regulations. And of course, none of this does anything to deter violent crime or gun crime. You can't legislate against the evil that men do.
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Old 02-08-2021, 08:39 AM
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Quote:
Originally Posted by glock309 View Post
Drewbone, Yes this FFL can deal in handguns. I know I can take it to an FFL for an FFL-to-FFL transfer. This is not my question. My original question still stands.
I was a NY State resident for 56 years, and a very good friend is a current NY State type 01 FFL and Handgun Dealer license holder, and he will under no circumstances accept ANY handgun shipped to his business from an individual whether coming from within or outside of the state. He runs his business 100% by the book, and I know for a fact that he would NOT risk losing his licenses and livelihood over the reciept of one handgun from an unlicensed stranger.

Proceed at your own peril.
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Old 02-08-2021, 11:05 AM
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Quote:
Originally Posted by DrewBone View Post
I was a NY State resident for 56 years, and a very good friend is a current NY State type 01 FFL and Handgun Dealer license holder, and he will under no circumstances accept ANY handgun shipped to his business from an individual whether coming from within or outside of the state. He runs his business 100% by the book, and I know for a fact that he would NOT risk losing his licenses and livelihood over the reciept of one handgun from an unlicensed stranger.

Proceed at your own peril.
Drewbone, I understand and respect his policy. If I had an FFL in New York, I might have that same policy as well. I have sold other handguns on Gunbroker for years and shipped them to other states to licensed FFL's which I am legally allowed to do. I cannot use the USPS to ship it, I cannot ship it directly to the buyer (that is why it is sent to an FFL for legal processing), and there are other rules I have to follow but it is legal. It is not my peril that is at risk. I have found that some FFL's don't know what is allowed and what is not allowed. Case in point, my own FFL who is also a personal friend is unsure about the issue. Part of the confusion comes from a section of the federal law that says handguns are not mailable. Some FFLs take that to mean it can't be done ever which is not true. That section only applies to using the USPS. They can be shipped via Fedex or UPS. I have talked to ATF several times and to several different agents and they say it is not an issue and it is legal. If your buddy wants to protect himself, I fully respect that. In my research on New York laws, I found that different counties have different rules and requirements let alone dealing with NY city laws and regulations. I couldn't imagine dealing with that nightmare.
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Old 02-08-2021, 11:15 AM
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Quote:
Originally Posted by Hawkeye57 View Post
I could be wrong, but think it would be cheaper to ship thru an FFL on your end. UPS will only ship a handgun with overnight service, and the last time I used it it was over $80.
^^^this. I have been down this route. FedEx quoted me a price that is retail-speak for "we don't really want to be in this business." Your FFL can ship through the USPS Priority Mail for a fraction of the cost. You can't though as an individual.
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Old 02-08-2021, 11:49 AM
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Originally Posted by flangster View Post
^^^this. I have been down this route. FedEx quoted me a price that is retail-speak for "we don't really want to be in this business." Your FFL can ship through the USPS Priority Mail for a fraction of the cost. You can't though as an individual.
I would have loved to do this and this is what I usually do but the FFL won't accept a gun shipment via USPS. He will only take UPS of Fedex. I usually use my FFL and do the USPS route. I have heard part of the reason for the high cost of shipping handguns UPS or Fedex is twofold: 1. Ground shipping is "less tracked" and more prone to theft and 2. There have been so many thefts of guns they have to reimburse, they really don't want to be in the gun shipping business as you have said.
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Old 02-09-2021, 07:01 PM
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Quote:
Originally Posted by glock309 View Post
So I sold a 22 pistol on Gunbroker to someone in NY (not the city of NY). I am a private seller. Can I ship the gun to the FFL directly via UPS? I know it is legal to do so federally. I was just wondering if there was some New York state law or restriction preventing him from receiving the gun from a private seller.
Its up to the RECEIVING FFL to accept it from you or not. it their CHOICE too.

so the reply in #2 is what you should do.

good luck
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Old 02-10-2021, 10:07 AM
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Originally Posted by bangbang View Post
Its up to the RECEIVING FFL to accept it from you or not. it their CHOICE too.

so the reply in #2 is what you should do.

good luck
Sounds reasonable. Thanks Bangbang.
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