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Old 04-18-2012, 09:10 AM
 
4 posts, read 10,182 times
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Hey everyone. My bf lives in NY and wants to buy a rifle, obviously as cheaply as possible. We thought that me getting it in NC would be a better deal. I'm not exactly sure what the laws are. Am I allowed to buy it for someone else? And also transport it? Makes me kind of nervous because I don't know anything about guns and I really don't want to get in trouble. If anyone has experience please let me know!

PS He wants an AR-15

Thank you
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Old 04-18-2012, 11:08 AM
 
Location: Sneads Ferry, NC
11,224 posts, read 19,670,603 times
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Quote:
Originally Posted by ncgirl84 View Post
Hey everyone. My bf lives in NY and wants to buy a rifle, obviously as cheaply as possible. We thought that me getting it in NC would be a better deal. I'm not exactly sure what the laws are. Am I allowed to buy it for someone else? And also transport it? Makes me kind of nervous because I don't know anything about guns and I really don't want to get in trouble. If anyone has experience please let me know!

PS He wants an AR-15

Thank you
There are a couple of issues here. The AR-15 is a semi-automatic, and transporting it across state lines puts you in the domain of Federal law. I am no expert, but I doubt you can transport it yourself.

The other issue is whether your BF can get a permit to own it in New York State.

I think you ought to talk to a licensed firearms dealer in NC. You may be able to have one delived to your BF in NY if he can get a permit.
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Old 04-18-2012, 11:10 AM
 
Location: Fayetteville, NC
1,490 posts, read 5,215,705 times
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Buying a gun as a gift in-state is not a problem. Buying for someone out of state using their money is a "straw purchase" and can get you in trouble. NY gun laws are a world of their own, I can't speak to that. Federal law states you can transport unloaded firearms across state lines in an inaccessible area (i.e trunk)and/or in a locked case. Again NY laws are probably different.
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Old 04-18-2012, 11:36 AM
 
Location: Sneads Ferry, NC
11,224 posts, read 19,670,603 times
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Quote:
Originally Posted by faabala View Post
NY gun laws are a world of their own, I can't speak to that. Federal law states you can transport unloaded firearms across state lines in an inaccessible area (i.e trunk)and/or in a locked case. Again NY laws are probably different.
As far as I can tell, New York State allows semi-automatics with magazines limited to 10 rounds, and some other restrictions. This article is a start, but I suggest talking to a firearms dealer about a weapon legal in New York State:

Federal Assault Weapons Ban - Wikipedia, the free encyclopedia
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Old 04-18-2012, 11:37 AM
 
Location: Blue Ridge Mtns of NC
5,661 posts, read 24,629,298 times
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I didn't think New York residents were permitted to own a newly manufactured semi-automatic AR15 type rifles under state law? You need to double-check that before going any further.

NC State Laws - http://www.ncdoj.com/getdoc/32344299...-gun-Laws.aspx

Assuming it's legal to own in NY, I personally would avoid all of that by shipping it by FedEx to a licensed firearms dealer in your boyfriend's local area for ownership transfer. Some dealers will do that sort of thing for a small fee. If you ship it, be sure to insure for the full value.

Last edited by mm34b; 04-18-2012 at 11:46 AM..
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Old 04-18-2012, 01:52 PM
 
Location: Blue Ridge Mtns of NC
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As it relates to AR15 type semi-automatic rifles, it sounds like the current New York state law is a "copycat" of the former Federal Assault Weapons Ban of 1994, which expired. If that is the case, you may have difficulty finding a new AR15 in NC that is already in compliance with current NY state laws regarding the legal transfer and ownership by NY residents not to mention additional local municipality laws, if any for his place of residence. Be very careful with your personal involvement with this matter.
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Old 04-18-2012, 03:53 PM
LLN
 
Location: Upstairs closet
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I think you should steer clear of this. Possibly steer clear of BF, too. Even if legal, shakey. He knows better.
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Old 04-19-2012, 02:50 AM
 
Location: On the brink of WWIII
21,094 posts, read 23,811,954 times
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Wait for BF to move here? What does he need an AR-15 for anyways? Aren't some of the best deals available through on line stores that ship to a licensed firearm dealer?
This is way too complicated and the potential for problems is almost guaranteed.
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Old 04-19-2012, 05:54 AM
 
Location: Sneads Ferry, NC
11,224 posts, read 19,670,603 times
Reputation: 5062
Quote:
Originally Posted by zthatzmanz28 View Post
Wait for BF to move here? What does he need an AR-15 for anyways?
It sounded like the BF was trying to get around the NY law restricting him to 10-shot magazines, etc. or he couldn't get a permit for another reason. I agree the OP should not get involved.
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Old 04-23-2012, 03:33 PM
 
136 posts, read 376,544 times
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I'm going to add this to the list of reasons long-distance relationships don't work.

OP: Am I allowed to buy it for someone else?
Answer: No. As someone else mentioned, that's known as a straw purchase and is illegal. Since you're in a relationship with the transferee it would likely be viewed as a straw purchase and not a gift. You can't really buy guns as a gift as they need to follow certain requirements when transferred. As the person transferring the firearm you're responsible for complying with the laws of the transferees residence. That's why most NC gun stores won't sell to non-residents. For instance in NC and some other states private party transfers of long guns don't require a background check or permit but NY might. And the firearm in question might not be legal in NY.

Regarding transport - you may take a firearm from a place where it is legal to a place where it is legal, provided it is unloaded and secured in the trunk. You're OK to pass through a location where the firearm is not legal as long as you're doing just that - passing through. Even this may not keep you from getting arrested in New Jersey, they routinely ignore that and arrest anyway. You can't take the firearm from a place where it is legal to a place where it is illegal. So if you buy a post-ban AR15 in NC and it's not legal in NY you'd need to sell it before you move, nor can you sell or give it to someone in NY. Sort of like fireworks, but a bigger deal. Legal in SC, not in NC.

FYI, you're OK to transport the firearms yourself, with the above caveats. Some of the big shippers won't ship firearms to private individuals. That's why you have to send from dealer to dealer with the official transfer happening at the receiving end.
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