NY Pistols & FFL's

[SpringfieldHandgun]

subject: Intra-State pistol sales

so, i am a tad confused about pistol sales. i have my pistol permit so posessing a pistol is not a issue. however, buying pistols seems to be a hassle, well, it should be easier.

i had someone ("Chuck") tell me that NYS/Federal law does not require FFL-to-FFL transfer when the buyer is not local to the seller. as example, a FFL in upstate NY sells a pistol to a properly licensed person out in Suffolk county. assuming that all paperwork is in place and processed properly, the FFL can ship the item directly to the buyer...?? this is of course (except for the shipping part) the exact same thing as if the buyer was onsite at the FFL store to make the buy.

it is unclear to me if form 4473 needs to be filled out in the presence of the FFL seller, but that aside, is "Chuck" correct or not ???

i am in no way trying to avoid any of the legalities behind owning the pistol, just trying to save some $$$ on the FFL transfer fees (and to know the laws and my rights better).

i have also come to witness that the some of the folks at the pistol dept in suffolk have no clue about the laws and regulations. i had one person there tell me "how are you gonna get the pistol through the city if you live in Suffolk but are going to pick up the pistol upstate?". so, my answer to those who say "why dont you call your pistol dept?", all i can say is "not even they know much about the federal and state laws".

can anyone clarify and/or point me to any links that have information on such?

thanks

 

[SpringfieldHandgun]

anyone ??

there exists a non-over-the-counter section of form 4473.

now, reading (B1) and (B9) at http://www.atf.treas.gov/firearms/faq/faq2.htm

even though this is for a non-FFL license holder, it still sounds to me like a handgun can be shipped from person-to-person INTRA-STATE, "or to a FFL licensee in any state", so from a FFL licensee-to-resident (INTRA-STATE) should not be a issue....???


i spoke to a guy at ATF in Albany. he 1st agreed with me, then said "hold on 1 minute", then came back to say i should do it FFL-to-FFL.

again, i cannot get clear concisive answers on this.

 

[EOD Guy]

there exists a non-over-the-counter section of form 4473.

That form requires attachment of all required permits and approval by the CLEO in the purchaser's city of residence. After receipt of the form by the CLEO, as evidenced by a return receipt, the dealer must hold the firearm for at least 7 days or until return of the form through refusal by the CLEO.

See 27 CFR § 478.96(b).

This is just the Federal requirements. The state may have additional ideas.

 

[SOG/MACV]

EOD is correct. Read the statute. It's clear, which is an oxymoron considering it's a government reg.

 

[SpringfieldHandgun]

so do 4473's need to be done in person (by law) ?? if so then this alone will answer my questions about FFL transfers.