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BaconPancakes

Buy rifle in NJ; want to gift to friend in NY (not NYC). Help?

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Just don't pay an arm and a leg. Most FFL's in Fulton Co only charge $10 for that type of transfer. Not sure where you want to do the transfer but shop around.

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Basically as the title says. I want to buy a Henry Golden Boy and get it engraved as a gift.

Can anyone help me with directions to make sure I don't run afoul of our overlords? Also with coming up with possible legal issues involved here?

 

 

 I live in NJ.  I'll be your friend, you can transfer the rifle to me with a simple COE form, and avoid a whole lot of potential legal pitfalls.

 

Just trying to be helpful...

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Why not buy the rifle in NY? No license is required in NYS for a rifle, so non residents can purchase one there. If you have a NJ FID, then you can bring it into NJ. Any firearm legally purchased out of state can be brought into NJ. Then you can simply go to NY and hand the rifle to your friend. I'm not an expert but I don't believe that would be breaking any laws. The problem with buying the rifle in NJ is that they require paperwork when transferring it, NY doesn't. As long as the person you are transferring it to is not prohibited from owning a firearm by federal law.

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Why not buy the rifle in NY? No license is required in NYS for a rifle, so non residents can purchase one there. If you have a NJ FID, then you can bring it into NJ. Any firearm legally purchased out of state can be brought into NJ. Then you can simply go to NY and hand the rifle to your friend. I'm not an expert but I don't believe that would be breaking any laws. The problem with buying the rifle in NJ is that they require paperwork when transferring it, NY doesn't. As long as the person you are transferring it to is not prohibited from owning a firearm by federal law.

My understanding is there is (was?) a federal law in place that stated if you buy a gun as a non resident of a state, then you must transfer to FFL in the state of your residence.

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Why not buy the rifle in NY? No license is required in NYS for a rifle, so non residents can purchase one there. If you have a NJ FID, then you can bring it into NJ. Any firearm legally purchased out of state can be brought into NJ. Then you can simply go to NY and hand the rifle to your friend. I'm not an expert but I don't believe that would be breaking any laws. The problem with buying the rifle in NJ is that they require paperwork when transferring it, NY doesn't. As long as the person you are transferring it to is not prohibited from owning a firearm by federal law.

You can sell or have a FFL transfer a gun anywhere. NJ law basically stops at the NJ border. There are some exceptions but this ain't one of them.

 

NJ requires the COE to be filled out in private transfers of long guns. Once they are filled out and signed there is no requirement for you to keep it.

 

You can buy the rifle in any state. However if you are transferring any firearm to anyone who is not a resident of the state you reside in it must be transferred through a FFL. Buying the rifle in NY doesnt change this. You can buy the rifle as a NJ resident in DE and transfer it to a NY resident at a FFL in PA. It must go through a FFL.

 

If you buy the rifle ANYWHERE and just hand it over to anyone who is not a resident of your state, you've broken Federal law.

 

 

My understanding is there is (was?) a federal law in place that stated if you buy a gun as a non resident of a state, then you must transfer to FFL in the state of your residence.

You can buy a long gun at a FFL in any state as long as the transaction follows the laws of each state. Then you just tuck it under your arm and walk out the FFL'S door. You can buy a handgun in any state but it must be sent to a FFL in your state to be transfered to you.

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If you buy the rifle ANYWHERE and just hand it over to anyone who is not a resident of your state, you've broken Federal law.You can buy a long gun at a FFL in any state as long as the transaction follows the laws of each state. Then you just tuck it under your arm and walk out the FFL'S door. You can buy a handgun in any state but it must be sent to a FFL in your state to be transfered to you.

Upon further research, I see that you are correct. But how can that be proved in all cases? I had a rifle I purchased legally when I lived in Texas. Zero paperwork was in involved other then a cash register receipt (way before computers). When I moved to NJ, I brought it with me. Since NYS doesn't require a license to purchase a rifle and NJ has no idea that I have this rifle, what is to stop me from giving it to someone in NYS? Another thing, the federal law states "resident" not primary residence or domicile. Anyone can be a resident of multiple states. Case in point, I am a resident of NJ, I also own a home in NYS. Because of this and thanks to the NYS Court of Appeals ruling Osterweil vs Bartlett, I was able to get a unrestricted carry permit for NYS. The State of New York recognizes me as a resident of their state, albeit a part time one. So now am I allowed under federal law to transfer a firearm between NY and NJ since I am a resident of both states?

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Upon further research, I see that you are correct. But how can that be proved in all cases? I had a rifle I purchased legally when I lived in Texas. Zero paperwork was in involved other then a cash register receipt (way before computers). When I moved to NJ, I brought it with me. Since NYS doesn't require a license to purchase a rifle and NJ has no idea that I have this rifle, what is to stop me from giving it to someone in NYS? Another thing, the federal law states "resident" not primary residence or domicile. Anyone can be a resident of multiple states. Case in point, I am a resident of NJ, I also own a home in NYS. Because of this and thanks to the NYS Court of Appeals ruling Osterweil vs Bartlett, I was able to get a unrestricted carry permit for NYS. The State of New York recognizes me as a resident of their state, albeit a part time one. So now am I allowed under federal law to transfer a firearm between NY and NJ since I am a resident of both states?

You've thrown something else in the mix. If you legitimately are a dual state resident you can legally buy or sell guns in any state you have a residence. Doesn't make a difference where you acquired the gun. You just need to follow the laws of the state you're making the transfer.

 

If you have dual residency in NY and NJ you can transfer or accept transfer in either state from a resident of that state.

 

You didn't bring up dual residency in the post I quoted. There is another flaw in your post #8. You say a NJ resident can purchase a long gun in NY and bring it back to NJ if they have a FID. Federal law requires that purchase of a long gun in another state must follow the rules of both states. Ergo, the NJ resident needs to have a NJ FID to purchase the long gun in another state. That would be Federal law.

 

Everyone I purchased a long gun in another state I gave the FFL my NJ FID for ID along with my NJ DL. I have heard that some people say the FFL in another state wasn't interested in seeing the NJ FID which is required in NJ for long gun transfers. If that's the case it's on the FFL not the purchaser.

 

The COE is a different issue. If you buy a long gun in another state some FFLs will do a COE, some won't. IANAL but have a lot of experience interpreting laws. There are times I have had to explain laws to lawyers. My take is there is no need for a COE when purchasing a long gun from a FFL out of state. I will go out on a limb and guess no state law requires a FFL to maintain the COE other than NJ. The COE is a NJ form. There is no Federal requirement for maintaining a NJ COE. NJ law says the COE must be completed at the time of transfer. The law doesn't say you have to keep it. That's for private transfers. You can complete terms COE, make the transfer and then throw the COE away if you want. NJ FFLS probably have to keep them. It's smart to keep them in case you need to prove who you transferred the long gun.

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If you buy the rifle ANYWHERE and just hand it over to anyone who is not a resident of your state, you've broken Federal law.

 

This^^^ and if I recall correctly NY requires all transfers to go through FFL - FTF sales in NY were made illegal by the Safe Act.

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This^^^ and if I recall correctly NY requires all transfers to go through FFL - FTF sales in NY were made illegal by the Safe Act.

This is correct. All transfers other than between immediate family must be done at an FFL.

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Why not buy the rifle in NY? No license is required in NYS for a rifle, so non residents can purchase one there. If you have a NJ FID, then you can bring it into NJ. Any firearm legally purchased out of state can be brought into NJ. Then you can simply go to NY and hand the rifle to your friend. I'm not an expert but I don't believe that would be breaking any laws. The problem with buying the rifle in NJ is that they require paperwork when transferring it, NY doesn't. As long as the person you are transferring it to is not prohibited from owning a firearm by federal law.

Whatever you do, don't do this

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I've bought multiple longuns in PA at shows and had transfers done at PA FFL with when PA resident was both buyer and seller. Never had to fill out NJ COE just Federal Forms. They do ask for NJ FID but just to make a copy with Drivers License. Background Check is done by PICS.

 

Sent from my XT1585 using Tapatalk

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