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May 4, 2013, 08:30 PM | #1 |
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Join Date: November 28, 2011
Location: New York
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Could I swing it? Buying a Gun in Another State?
First off, I realize the title of the thread may be a little questionable, but let me tell you, I don't intend on doing anything illegal whatsoever. I made it sound like I'm a gun runner or something, but absolutely not the case...
Alright, so as the vast majority of you know, us guys in NY are going through tough times right now. Well anyway, we're going to be moving to Florida in the coming years, probably the next 2. We do have a house there, but haven't been there in a while, about 5 years actually. This summer, we'll be going to check up on things and make sure everything is alright at the house, do some minor maintenance if needed, etc. Well, while it may not be a concern for at least a little while after we won the recent gun control battle on "assault weapons", I'm sure it will come again. When we go to Florida, I was planning on buying an AR-15 that I had been wanting for a long time now. I've also been looking at a couple of handguns. As you know, these can both be bought with ease in Florida. Here in NY, everything that looks cool is an military style high capacity plasma eviscerating hyper-cannon and of course, handguns require a permit, which is VERY aggravating to actually get... Now of course, I DO NOT plan on bringing these back to NY, as both would be highly illegal, or well, just illegal in general. I would like to just leave them in the house, hidden somewhere, locked, and leave the de-humidifier on. So suppose I walk into a local FFL near my FL house, want to buy a few specific firearms and show them a NY license... What do you think they would say? I mean, I guess I could explain my intention, and if they ran a background check, it would come up 1000% clean. Even still, do you think I could swing this? I don't think this breaks any law, unless you actually bring the items to a state where it is illegal, but I could be wrong. Does anyone else have experience with something like this? I don't mean for this to be malicious in any way, and like I said, I don't want to do anything illegal. Thanks for any help you can give me. |
May 4, 2013, 08:38 PM | #2 |
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Join Date: April 28, 2013
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I live in Alabama and buy long guns in Florida and Mississippi. No problem.
I can buy pistols also but they are sent to a FFL holder in Alabama. Maybe this helps you some.??? I dont think a Florida FFl dealer would care what state you live in as long as you do not tell him your going to take the gun back to New York. Easy enough to call a FFL dealer in Florida and ask or maybe one is on the forum. |
May 4, 2013, 08:44 PM | #3 |
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Join Date: March 16, 2007
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You cannot buy a handgun from an out of state dealer and take possession of it in a state that is not your residence. You can buy one and have it delivered to a FFL in your home state and take possession there after completing the NICS paperwork (that's what you're doing with on line purchases).
Long guns may be purchased out of state. |
May 4, 2013, 08:48 PM | #4 | |
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Read the federal law for yourself. Being a NY resident makes you a unique snowflake, so take advice from others carefully.
Quote:
NYS law might have more about her residents buying out of state (non-contiguous states or some such nonsense). I'm not looking that one up for you. |
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May 4, 2013, 09:01 PM | #5 | |||
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May 4, 2013, 09:47 PM | #6 |
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You might also look into getting a non-resident FL CCW
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May 4, 2013, 09:54 PM | #7 | |
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Quote:
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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May 4, 2013, 11:44 PM | #8 |
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I was in exactly the same situation.
I live in NYC (where everything requires a permit. Shotgun, rifle, muzzleloader, you name it, there's a permit needed. An expensive pain-in-the-ass to get permit.) However we have a home in PA so I figured I could go to PA and buy some guns there (long guns only of course since handguns can't be purchased directly from another state) as long as I do not take them back to NYC it is all perfectly legal. So I purchased a shotgun and keep it in PA for busting clays when we go up there once in a while. Two things to consider: 1) While it's legal. Many places will not be willing to put their FFL license at risk over your line of "But I promise not to take it to NY" which could very well be BS as far as they know. Big chain stores like WalMart, Cabellas, Bass Pro, etc. will generally want nothing to do with you. Try the smaller mom and pop shops. Some will refuse you as well but it's your best bet. That's where I got mine. 2) You can really only get non-evil guns like this. No AR-15 since those are illegal to buy in NYS and by Fed law, the gun must be legal in your home state as well as the state where you buy for the deal to be legit. In short, yes it can be done. But not with assault weapons and make sure you have a good list of local small gun shops to visit till you find one that's willing to work with you. |
May 5, 2013, 12:05 PM | #9 |
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If, under the rules of dual residency, can't the OP buy guns privately, from a Florida individual?
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May 5, 2013, 12:27 PM | #10 | |
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Quote:
If, on the other hand, you are buying a long gun as an "out of state" buyer, then the firearm (and the transaction) must be legal in both the state where the sale takes place and in your state of residence. But this is not a dual residency purchase, and you don't need to own a home in the second state to make this type of purchase. See the explanation of dual residency in the latter part of Frank Ettin's post #5. |
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May 5, 2013, 05:50 PM | #11 |
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That is true. Dual residency gives you much more options. I just figured that without a FL drivers license or any real official proof that you live there. Most shops won't buy your story of dual residency.
Just looking at it from a practical point of view. Especially with all the stories of Bloomberg sending his people to other states to make trouble for gun dealers. I imagine most of them would be very wary of dealing with NY'ers under such "questionable" circumstances. |
May 6, 2013, 12:47 AM | #12 |
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Talk to the dealer you intend to buy from and see what he wants as far as residency proof. I also live in 2 states and used my property deed and two utility bills as proof of residency in my second state. Soon thereafter I acquired a state issued ID card for the second state, and that works like a charm with any dealer.
Federal law says you are a resident of a state whenever you are residing in that state. If you move from state #1 to state #2 and the next day what to purrchase a firearm, you're good. There's no minimum time requirement. All you need to do is provide proof of residency in the second state. |
May 6, 2013, 07:30 AM | #13 | ||
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Quote:
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Last edited by Aguila Blanca; May 6, 2013 at 11:42 AM. Reason: typo |
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May 6, 2013, 07:36 AM | #14 |
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Join Date: January 23, 2006
Location: GA
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Could I swing it? Buying a Gun in Another State?
The OP is not a snowbird. He hasn't been to his FL home in 5 years. Calling him a dual resident is a stretch.
Just wait until you actually move then buy whatever you want with your new FL credentials. |
May 6, 2013, 08:07 AM | #15 |
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The short answer is "no". As it is right now, you are simply not a resident of Florida. It's no different than you buying firearms in Mississippi. Establish residency and then it would be no problem. In fact, the tax laws are far more favorable in Florida, I don't know why anyone would have residency in NY if they have a place in Florida. Oh, beware even if you establish residency, NY will still try to tax your income on a pro-rata basis for the number of days you spend in NY.
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May 6, 2013, 10:42 AM | #16 |
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Just to cover the bases, are you by chance authorized access to the Post Exchange systems on Military Bases?
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May 6, 2013, 10:52 AM | #17 | ||
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Quote:
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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May 6, 2013, 11:04 AM | #18 |
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Frank, if your moving there soon anyway, just establish residency in Florida, complete with drivers license and vehicle registration.
There are additional benefits to it in the way of property taxes too, so I hear... Aside from that, some of the shops down there might be accustomed to folks having summer and winter homes and the associated complications. Perhaps just a copy of the deed or proof of property/home ownership there could be enough to complete a proper sale? Call around to the local shops and see what they say. |
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