Giving a rifle as a present

[dwarven1]

OK, so I want to give my nephew in NY state a rifle.

The FFL nearest his house asked me why I needed him? Just give him the rifle. Apparently NY doesn't register rifles. So my question is... how do I tell MA that the gun isn't in my possession any more?

And isn't there a federal law that transfers across state lines require an FFL? Or is that only for pistols? I'm more confused now than when I started this stuff...

 

[crak]

You need an FFL. It's the federal law, not any state law you're running into. You can't unregister it in Massachusetts. It says right on the FA10 that the form isn't for out of state transfers. The closest thing to unregistering it from yourself is that the transfer ends up in the FFL's books.

 

[dwarven1]

So can I drive it down and hand it to the FFL in NY?

 

[Len-2A Training]

So can I drive it down and hand it to the FFL in NY?

Wrt the transfer, yes you can deliver it to the NY FFL and have him do the paperwork. That meets the Fed law.

Don't know the legality of a NR possessing long guns in NY (when NY is the destination - I'm sure someone will bring up FOPA which is NOT relevant here). Better check NY laws on NRs possessing any guns there first.

 

[dwarven1]

I did... I can't seem to find anything banning possession by non-residents for long arms. but there's an awful lot of fine print, so I might have missed something. packing.org is my next stop...

If I can find them when they're UP, that is.

 

[Moderator]

Hope this helps Ross
http://www.nysrpa.org/nygunlaws.htm

Purchase:
No permit is required for the purchase of a rifle or shotgun (except in New York City). No person, firm or corporation engaged in the retail business of selling rifles, shotguns or handguns, shall sell, deliver or transfer any such gun to another person unless the transferee is provided with a gun locking device and a label on safe storage.

Possession:

Rifles and Shotguns: There is no state licensing requirement for the possession of a rifle or shotgun, although any person convicted of a felony or other serious offense and any person who "has been certified not suitable to possess a rifle or shotgun" (mentally incompetent) is prohibited from possession. A person who has been convicted of a felony or other serious offense may obtain a certificate of good conduct which will then permit him to possess rifles and shotguns. Generally, it is unlawful for anyone under the age of 16 to possess any firearm; however, a rifle or shotgun may be possessed by a person between the ages of 12 and 16 who is engaged in supervised target shooting on a range. A minor at least 14 years of age may hunt with any rifle or shotgun, provided he has a valid hunting license and is accompanied by his parent, guardian or other parentally-designated adult who also holds a valid hunting license.

Handguns: A license is needed to possess a handgun in one's home or place of business. Application is made to the "licensing officer" of the city or county where the applicant resides, is principally employed or where his principal place of business as a merchant or store keeper is located. (The licensing officer in New York City and Nassau County is the Police Commissioner; in Suffolk County, the Police Commissioner or Sheriff; elsewhere in the state, a county judge or some other designated judge or justice.)

Non-residents:

A non-resident citizen may possess a rifle or shotgun in New York, as long as it is unloaded while being transported. No person may carry, possess or transport a handgun in or through the state unless he has a valid New York license. New York does not issue licenses to non-residents nor does it recognize licenses issued by other states. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. If a person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console. Necessary stops, e.g., gasoline and rest, seem permissible.) A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container. An alien may possess a rifle or shotgun for use while hunting provided he has a valid New York hunting license. "If such (handgun) license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant." Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container.

 

[dwarven1]

You da man, BJ!!! If I wasn't straight, I'd give you a big fat kiss for finding that! As it is, you'll just have to settle for me buying you a beer next time I see you.

Thanks a million, guys. Looks like I'm OK to just drive it down and hand it to the FFL. Who, strangely enough, is open on Sundays. Nice guy; he even gave me his home phone # if he does close early and I need to contact him.

 

[Len-2A Training]

Ross, just a fair warning. Packing.org was full of mis-information back when it was operating on a regular basis. Other than the links for the states' laws, it was a very dangerous place to rely on for valid info.

 

[dwarven1]

That's OK, Len... it was down, anyway. I'd trust BJ's link first, anyway - looks like it's to the NY State Rifle and Pistol Association (that's a guess from the initials; it's blocked here at work).

 

[Moderator]

You da man, BJ!!! If I wasn't straight, I'd give you a big fat kiss for finding that! As it is, you'll just have to settle for me buying you a beer next time I see you.

If any guy besides my little nephew gives me a big fat kiss, I will make damn sure that I will be the last to see is teeth while still attached to his gums.

A beer will do just fine.

 

[Pilgrim]

http://www.handgunlaw.us/

Does this site help?

 

[dwarven1]

http://www.handgunlaw.us/

Does this site help?

Not for this purpose, but it's a darn useful-looking site anyway. Thanks, Dennis.

 

[vellnueve]

NRA-ILA also has that kind of information available on each state. Search State Gun Laws