|
|
Joined: Oct 2007
Posts: 195
Campfire Member
|
OP
Campfire Member
Joined: Oct 2007
Posts: 195 |
My son is in the Navy and currently stationed in South Carolina. His next assignment is the NPTU in Ballston Spa, NY. He is sending his 1911 45 back home. Is it legal for him to take his AR rifle to New York? He says he has checked and it is ok�but I don�t want there to be any issues. Anyone up that way have any information?
Thanks.
|
|
|
|
|
Joined: Sep 2009
Posts: 5,567
Campfire Tracker
|
|
Campfire Tracker
Joined: Sep 2009
Posts: 5,567 |
Unless you are an FFL his 1911 will be trouble.He can't "send it home" except to an FFL. NY's AR regs are very complicated and vary by city/county. This site is not the place to get the info. You need to check http://www.scribd.com/doc/13624979/New-York-State-Gun-LawsAfter you have digested this crap, then check with local law enforcement (in NY) just to CYA. Most people do not know that the Sullivan law (handguns) was put in place to keep the large migration of Negros coming to NY City from owning guns and being able to defend themselves from the (then) mostly Irish racist NYPD. That worm has turned !
|
|
|
|
|
Joined: Aug 2001
Posts: 569
Campfire Regular
|
|
Campfire Regular
Joined: Aug 2001
Posts: 569 |
There are specific features which make an AR-15 an "assault weapon" under NYS law. The gun must be a semi-automatic capable of accepting detachable magazines PLUS have two (or more) other features: threaded muzzle (with or without flashider), bayonet mount, a grenade launcher, a pistol grip that protrudes below the action, a folding or collpsing stock. He can switch the FH for a muzzle brake that is then pinned and welded, install an Exile Machine HAMMERHEAD AR-15 grip in lieu of the the original grip, and have the bayonet mount ground off. Personally, I'd recommend he ship both guns back home, addressed to himself (legal accordng to BATF: Q: May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm. emphasis added
Q: May a person who is relocating out of State move firearms with other household goods?
Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.
Certain NFA firearms must have prior approval from the Bureau of ATF before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.
[18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.31]
). George
Last edited by GeorgeS; 04/18/12.
Shoot straight, shoot often, but by all means, use enough gun!
|
|
|
|
|
Joined: Oct 2007
Posts: 195
Campfire Member
|
|
OP
Campfire Member
Joined: Oct 2007
Posts: 195 |
Thanks for the information. It sounds complicated and that's why he's been getting conflicting information. I will suggest he send both home. He is sending through a local gun shop I use here.
|
|
|
|
|
Joined: Nov 2005
Posts: 54,284
Campfire Kahuna
|
|
Campfire Kahuna
Joined: Nov 2005
Posts: 54,284 |
Unless you are an FFL his 1911 will be trouble.He can't "send it home" except to an FFL. NY's AR regs are very complicated and vary by city/county. This site is not the place to get the info. You need to check http://www.scribd.com/doc/13624979/New-York-State-Gun-LawsAfter you have digested this crap, then check with local law enforcement (in NY) just to CYA. Most people do not know that the Sullivan law (handguns) was put in place to keep the large migration of Negros coming to NY City from owning guns and being able to defend themselves from the (then) mostly Irish racist NYPD. That worm has turned ! Does state law apply to military reserves? Will he be okay as long as he keeps it on base?
|
|
|
|
|
Joined: Sep 2009
Posts: 5,567
Campfire Tracker
|
|
Campfire Tracker
Joined: Sep 2009
Posts: 5,567 |
"Home" is not his PCS base.
|
|
|
|
|
Joined: Feb 2009
Posts: 10,960 Likes: 7
Campfire Outfitter
|
|
Campfire Outfitter
Joined: Feb 2009
Posts: 10,960 Likes: 7 |
Unless you are an FFL his 1911 will be trouble.He can't "send it home" except to an FFL. NY's AR regs are very complicated and vary by city/county. This site is not the place to get the info. You need to check http://www.scribd.com/doc/13624979/New-York-State-Gun-LawsAfter you have digested this crap, then check with local law enforcement (in NY) just to CYA. Most people do not know that the Sullivan law (handguns) was put in place to keep the large migration of Negros coming to NY City from owning guns and being able to defend themselves from the (then) mostly Irish racist NYPD. That worm has turned ! Does state law apply to military reserves? Will he be okay as long as he keeps it on base? We had an AD soldier home on leave that got arrested for an illegal handgun just a few months back. Of course his 13yo sister ended up shooting herself in the arm with it somehow, which didn't help his case. The gun and he were "legal" in the state he was stationed in, just not here in NewYorkistan.
They say everything happens for a reason.
For me that reason is usually because I've made some bad decisions that I need to pay for.
|
|
|
|
|
Joined: Feb 2009
Posts: 10,960 Likes: 7
Campfire Outfitter
|
|
Campfire Outfitter
Joined: Feb 2009
Posts: 10,960 Likes: 7 |
As for the AR's, Whiteeyes is almost correct. If your son's rifle has a pre-AWB lower on it (pre 1984), anything still goes with regard to the STATE laws. Meaning it can have a collapsible stock, flash hider and bayonet lug ('cause God knows we lose too many mis-understood yutes to crazy Bonsai charges from the EBR crowd in this state). The other thing he has to be real careful of is magazines. Anything over 10 round capasity needs to again be pre 1984, preferably stamped with the date of manufacture because no one wants to have to pay a lawyer to prove it's pre, not post ban mag.
There are some towns and cities that have more restrictive laws than the State. Rochester is one of them but I'm not sure where else.
If you have any more questions feel free to PM me. I can send you some better links to NY AR specific sites. Where is your son going? Ft. Drum?
They say everything happens for a reason.
For me that reason is usually because I've made some bad decisions that I need to pay for.
|
|
|
|
|
Joined: Nov 2005
Posts: 54,284
Campfire Kahuna
|
|
Campfire Kahuna
Joined: Nov 2005
Posts: 54,284 |
"Home" is not his PCS base. I wondered.
|
|
|
|
|
Joined: Nov 2009
Posts: 1,727
Campfire Regular
|
|
Campfire Regular
Joined: Nov 2009
Posts: 1,727 |
New Yorkistan lives by the Clinton gun ban laws that sunsetted at the federal level. The mags must be pre-1994, not 84 and flashhiders are not allowed if other features exist. it works off a point system.
The 1911 is a big no-no in New Yorkistan. PERMITS are required for ALL HANDGUNS in NY and that requires alot of paperwork, safety classes, and money. Leave the 1911 in South Carolina or have it sent to a FFL dealer for storage until your son gets the permits needed. Get caught with an illegal gun in New Yorkistan and you'll be treated worse than a child molester.
I don't drink or Smoke. I spend my money on gunpowder and gasoline.
|
|
|
|
|
Joined: Oct 2007
Posts: 195
Campfire Member
|
|
OP
Campfire Member
Joined: Oct 2007
Posts: 195 |
Thanks for all the information. I think it is best that he send both back to Colorado. His shotgun and deer rifle shouldn�t be a problem as I understand things. The local gun shop will handle the shipment back at a very reasonable price since he is in the military.
Of course when I last visited him earlier this year I offered to bring the AR and 1911 back with me....�.but sometimes it takes a while to learn dads may actually be right about something!
|
|
|
|
|
Joined: Sep 2009
Posts: 5,567
Campfire Tracker
|
|
Campfire Tracker
Joined: Sep 2009
Posts: 5,567 |
He should check with his PCS station on their regs on firearms. I know back in the day, when my Dad was stationed on Ft Dix in NJ (is anyplace more ant-gun), he was able to keep his HS 22, 1911 and M-1 Carbine on base and use them at the base ranges. They were registered with the Provost Marshall and could NOT be taken off base.
Many bases have gun clubs that hold FFLs which would make the shipping a non-event.
|
|
|
|
|
528 members (222Sako, 22250rem, 270cowboy, 160user, 12344mag, 10gaugeman, 52 invisible),
2,809
guests, and
1,196
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
Forums81
Topics1,194,796
Posts18,536,520
Members74,041
| |
Most Online11,491
Jul 7th, 2023
|
|
|
|
