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Firearms Refugees - outreach to New York and??

Discussion in 'Off Topic Threads' started by HSLDS, Feb 15, 2013.

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  1. HSLDS

    HSLDS Well-Known Member

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    OK, Here's an idea.

    Let's help our brethren in New York and other 'anti-gun' states.

    We'll need some help from a lawyer on here (Gene from Iowa - you up to standing up??).

    I live in PA and we should offer 'refugee status' to those firearms owned by our friends 'north of the border' - that means New York.

    We would need to draw up an ownership transfer with a right of first refusal on return (re-purchasing) of firearms. Basically this is what happens - a guy from New York sells his gun to someone from PA for one dollar - with a contract that guarantees that the original seller may buy back the firearm at some future date for the same one dollar cost. You would then store the gun in your safe at home.

    If you want to USE the rifle you would pay a fair price, but again with the buy back clause in place for the original purchase price

    This would be a person-to-person transfer so no NICS need be involved (at least for long guns in PA).

    You cannot 'rent' space in your gun safe to someone else (check your homeowners insurance), but if you 'buy' the gun you are covered - just need the buy back papers in place.

    Or something else - but let's help these people...
     
  2. Stl Flyn

    Stl Flyn Well-Known Member

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    "This would be a person-to-person transfer so no NICS need be involved (at least for long guns in PA)."

    That is fine for in state residents. I think you may lawfully be in trouble transferring a firearm from another state (NY), without the transfer going through a FFL.
     
  3. skeet_man

    skeet_man Well-Known Member

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    "That is fine for in state residents. I think you may lawfully be in trouble transferring a firearm from another state (NY), without the transfer going through a FFL."

    This. Private party transactions between residents of different states is illegal. A NY resident would need to ship the firearm to your FFL dealer, and you would need to go and fill out a 4473 to pick it up. Anything else is a violation of federal law.
     
  4. Stl Flyn

    Stl Flyn Well-Known Member

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    I did not want to be so direct.
     
  5. single stack

    single stack Member

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    Please correct me if I'm wrong but, I don't think a face to face transaction requires the exchange of identity papers. It doesn't here in Texas. So, if you use a don't ask, don't tell policy, who's to know or care? The buy back paperwork need only have names included.

    I'd like to disagree with the new NY gun regulations as I have read them here. I consider my brother to be in my immediate family.
     
  6. skeet_man

    skeet_man Well-Known Member

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    FTF transfers don't require a background check, unless state law requires it. It will require a background check in about 30 days here in NY, and it's been required in other states for some time.

    FTF transfer between individuals who do not reside within the same state are never legal.
     
  7. aabradley82

    aabradley82 TS Member

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    I'm a little to far south to be any real help, but this sounds like a great idea, if everyone stays honest. And as soon as the real New Yorkers take back their state the guns go home. Only problem I would have is those guns in the safe that are being starved and neglected might get out to play some.

    Andrew
     
  8. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Don't dink around with interstate transfers of firearms. Go through FFLs.

    Might work out better to find an FFL in the target state who will store your guns for you. If you wind up going to a different state, he can ship them there. The local guys can do the legwork to contact their FFL friends. And if the move never happens, the local guy can help oversee the sale of the firearms or get first dibs or get a deal on one for involvement, whatever.

    FFLs rarely do things for free, so expect transfer costs, storage fees, etc.
     
  9. skeet_man

    skeet_man Well-Known Member

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    Another thing to keep in mind is that with NY at least, under the new law once an "assault weapon" leaves the state, it can NEVER come back again. So if someone ships you their AR-15 for storage, there will be no legal way for them to EVER reclaim it, unless they move out of NYS.

    I'm sure the idea was very altruistic, but the details make it pretty much impossible for it to work out as you intended.
     
  10. Brian in Oregon

    Brian in Oregon Well-Known Member

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    The idea has merit, but there are complications and a clear understand, preferably on paper, needs to be agreed to in advance.

    Interestingly, there are people who have had to take employment in a state that does not allow, for example, machineguns. Yet they have a couple or a small collection of them.

    They can legally store them with a friend in a state that allows machineguns, provided they are locked up and only the owner has access to the safe.

    Then they can go vacation and get "visitation rights" with their guns.
     
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