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NYS FFL Dealers

MFI
Can you sell a gun over the counter to a person from a non contiguous state ?
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9 comments

Date Votes
  • nuttinbutxs
    My understanding is no you may not. And you may sell only to those contiguous states that will sell to you (so who says yes first). And since I've only had a couple instances of out of staters I make my policy to just sell to state residents. I dont like guessing if I'm legal. If I have any questions or concerns then I just dont sell.

    Why waste time learning when ignorance is instantaneous.
    Hobbes
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  • nuttinbutxs
    And as a side note, I just sold a 22 rifle and a shotgun to a guy from NYC. After the sale he mentions that to buy the guns in the city he has to get a coupon first. Now I dont even know if that sale was legal in my own state. GEEZ what a mess NY is. So I guess my next step is to find out about this coupon thing from NYC residents. There was no problem with the NICS check so whats with the coupon? Maybe a NYC dealer could answer this for me.

    Why waste time learning when ignorance is instantaneous.
    Hobbes
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  • MFI
    What I dont understnad is that you can go in Walmart in NYS and they hav a chart next to the firearms that says if you are from such and such a state you can but the gun on the spot. There were over 40 states listed on the chart that you could be from and buy the gun from that Walmart in NYS . That is what has gotton me very confused ..
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  • MFI
    Anyone ?
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  • nmyers
    The wording about "contiguous state" was removed from federal law in 1986; see "FFL Newsletter", December 2002.

    A licensed dealer may sell a long gun over-the-counter to an unlicensed resident of any state, provided 1) the purchaser is not otherwise prohibited from receiving or possessing a firearm under the GCA, and 2) the sale, delivery, and receipt fully comply with the legal conditions of sale in the buyer's and seller's states.

    Neal
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  • MFI
    The way I read NYS law is that you can not sell to anyone that is not fro ma contiguous state. How does Walmart get around this or am I reading it wrong ?
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  • nmyers
    The way I read NYS law is that a non-licensee cannot buy a long gun in a contiguous state. (The law still refers to the contiguous state provision that was removed from GCA in 1986.) Apparently that is the way that Walmart reads it, too.

    Can you tell us where you read that you cannot sell a long gun to a non-licensee who is not a NY resident?

    Neal
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  • MFI
    Maybe Im not making sense or saying this wrong. If I am a NYS dealer I can sell to someone from a contiguous state but NOT to lets say someone from North Dakota. That is the way I read it .
    Now I go in Walmart in upstate NY and I see where they have a chart that says that if Im from such an such a state I CAN buy one from them. Many of the states listed that I could be from to buy a gun there were not contiguous. Suxh as North Carolina, South Carolina , Georgia, Ohio etc. Am I making any sense ?
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  • nmyers
    Yes, you made sense; you were quite clear. Walmart only SELLS guns, & you are questioning why they can sell long guns to most other states, but you can't. I don't understand why you think that you can't. My reading of NYS law leads me to believe that you can make over-the-counter sales of long guns to anyone, provided they comply with the legal provisions I stated above.

    My information comes from Published Laws & Ordinances - Firearms (ATF P5300.5). It could be wrong, or it could be outdated. Or, I could be wrong. Please cite the legal source that you believe indicates that you cannot sell long guns to non-residents from most states.

    Neal
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