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NYS FFL's

MFI
If you sell a handgun to another state that requires the COBIS/CASING such as Maryland.. How do you work your P-12 form ? Can you sell them a gun since both states require Cobis case ?
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10 comments

Date Votes
  • tsr1965
    The COBIS stays with the gun, untill it is sold to the end user. The gun is not on the street as long as it is not sold, therefor the NYSP do not need the casing untill it can be registered to someone.

    Best
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  • MFI
    So when you do the P-12 form for the State Police when you send the gun out of state and you list the gun as new when leaving for the state of Maryland's FFL do you put on the P-12 form that you are not providing NYS a casing because it is going to another state ? Am I making sense ?
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  • tsr1965
    quote:Originally posted by MFI
    So when you do the P-12 form for the State Police when you send the gun out of state and you list the gun as new when leaving for the state of Maryland's FFL do you put on the P-12 form that you are not providing NYS a casing because it is going to another state ? Am I making sense ?


    You put on the P-12 that it is going to another FFL, and put that FFL's number in your P-12 book, log book, and 4473 form, for the firearm involved in the transaction. You have to sedt the gun to another FFL, you just cannot send it to an individual. to send it to another FFL you must have his LICENSE address to ship to...that is the license number you use in the P-12, 4473, and FFL log book.

    Best
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  • MFI
    Agreed TSR but what happens to the casing ? Yes these are new guns only ..
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  • nmyers
    The fired casing stays with the gun until an FFL sells it to a nonlicensee.

    1) If the sale is in a state that does not require collection of a casing, the buyer can keep it or throw it away.

    2) If the sale is in a state that requires collection of a casing, the selling FFL must forward the casing to the authorities.

    Neal
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  • MFI
    So in other words if Im a NY dealer , when I sell a new hand gun here to someone in Maryland or wherever I must include the case. I show on the P12 form to NYS that the casing went to another FFL in wherever ? IN NYS we cant sell a new handgun without a casing so that doesnt make sense to me that if I sell the firearm to a guy in Florida he just leaves it in the box and no one sees it again ..
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  • givette
    quote:Originally posted by MFI
    So in other words if Im a NY dealer , when I sell a new hand gun here to someone in Maryland or wherever I must include the case. I show on the P12 form to NYS that the casing went to another FFL in wherever ? IN NYS we cant sell a new handgun without a casing so that doesnt make sense to me that if I sell the firearm to a guy in Florida he just leaves it in the box and no one sees it again ..

    Well, let's reason this out. In Florida, a new firearm will have the casing with it, as shipped from the factory. Correct? Dealer will take no action with the casing. It's not required. In Maryland, the casing will be needed to send to the MD folks. Going on that assumption, you should be required to supply the casing to satisfy the MD law. No retail sale has been made 'till the paper trail shows custody by a non-licensee. As far as you are concerned, it's just another accessory that's in the box with the gun.

    Follow the log entries as recommended in the prior post. Best, Joe
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  • nmyers
    If you are a NYS dealer, you don't sell "to a guy in Maryland".

    You can only sell it to a resident of NYS (state & local law permitting), or to an FFL in any state. Those are your only choices.

    Neal

    EDIT: tsr, I was expressing it too simply, but that is what I meant. What we are really talking about is a transfer. When a NYS dealer has a gun, he can only transfer it to a resident of the state in which he is licensed, or to a dealer in any state. If the dealer in another state is acting as an agent for the buyer, fine, THAT is another transfer.
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  • tsr1965
    Neal,

    The sale was most likely made via the auction block. Like usual the transfer has to be done thru an FFL holder. Just like us guys in NYS buying on the auction out of state. Federal law requires ANY modern firearm sold out of state to be transferred by a FFL holder of the state in which the buyer resides...this includes handguns, with or without the COBIS case.

    Best
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  • Colt Super
    I wonder if anyone has ever been convicted of a crime, based on the COBIS case ??

    Doug
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