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Forums10
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Apr 29th, 2024
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Joined: Jan 2002
Posts: 755
Sidelock
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OP
Sidelock
Joined: Jan 2002
Posts: 755 |
Folks-
I'm sure this has been discussed several other times on this forum..BUT there are some unique specifics involved in this situation that has caused quite a bit of disagreement among some local fellows here in NEPA ..I'd like your opinions...
Question-
A non-FFL PA resident bought a new handgun and needs to return it back to a Yonkers,NY manufacturer for repair. What is his legal obligation to ship the handgun to the Manufacturer AND then RECIEVE it back from them...(The debate has to do with the specific laws of PA, NY, and NYCity)
Thanks in advance for your help-Doug
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Anonymous
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Anonymous
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Doug, The return shipment, from NY, will need to go through a FFL so the way to best meet all regulations will be to have an FFL in PA ship it to FFL in NY(or manufacturer) and receive it back. Ask the fees charged to do this. Boxing it yourself should save you $ by saving your FFL effort. Your PA FFL will need serial #s so do not seal the box till he gets them. Kurt
Last edited by ben-t; 08/08/08 10:42 AM.
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Joined: Jan 2002
Posts: 5,983
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 5,983 |
So far as the ATF is concerned, you can send the gun to the factory, who obviously has an FFL. After the repair or modifications, they can return it directly to you(it is still your gun, no transfer of ownership has taken place). What kind of idiot laws PA may have, like CA, may require more complicated gyrations. None of which, of course, have any effect on crime or criminals.
> Jim Legg <
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Anonymous
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Anonymous
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Doug, I am sorry I should not have replied to your post. I am not certain what I have told you is law, but I felt it would be a legal and expeditious way to do what you want. If I were you I would want to know for certain what PA, NY, and NYC require so it maybe best for you to call the ATF or the manufacturer of your gun. I attempted to search the ATF site for an answer, but I am uncertain the FAQ section is definative. http://www.atf.treas.gov/firearms/faq/faq2.htm#b7 section titled Conduct of Business-License subsection F2 had something that may apply, but please don't follow what I have told you as gosple. You can also ask questions at ATFMail@atf.gov PA has no special laws in this regard as far as I know, but it has been a while since I sold firearms. Again I apologize! Kurt
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Joined: Aug 2005
Posts: 1,583
Sidelock
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Sidelock
Joined: Aug 2005
Posts: 1,583 |
Yonkers is in Westchester Co, not NYC, so you can scratch a large rat's nest of euro-law off your research.
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Joined: Feb 2002
Posts: 1,852 Likes: 151
Sidelock
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Sidelock
Joined: Feb 2002
Posts: 1,852 Likes: 151 |
Undoubtedly the manufacturer has an FFL and the Fed law states that an individual can return a firearm for repair and have it sent back to them directly. In NY State however, all dealers, gunsmiths and manufacturers that handle handguns must also have a NY State Dealers and/or Gunsmiths License. There is a restriction in the NYS law that allows these licensees to only accept handguns from NYS Pistol Permit holders, NYS Dealer/Gunsmiths Licensees, or if from out of state, they must come from an FFL (even if the gun is sent into NYS for repair work). Paper work submitted on each transaction (each handgun) to the NYSP by the licensed dealer/gunsmith must show the license # and other info of the party from which the handgun came from. So if the gun is coming from PA to NY, it (by the letter of the law) has to come into NYS from an FFL. That all being said, I'd call the company and see what they're repair dept. says. They may sent out a shipping tag and be done with it! If they need it to be sent in from an FFL, USPO is cheap, about $15.00 will cover it Priority Mail. Perhaps if you can do the boxing/wrapping, you can get a dealer to log it & send it out for you. Sorry for the long post.
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Joined: Jan 2002
Posts: 755
Sidelock
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OP
Sidelock
Joined: Jan 2002
Posts: 755 |
Kurt,Jim,Yeti,And Kutter-
Thank you all for your inputs...I will share this post with my friend whose head is still spinning with all the regulations he has been confronted with since his very SIMPLE purchase of his new handgun.... Thanks again- Doug
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Joined: Jan 2002
Posts: 5,096 Likes: 37
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 5,096 Likes: 37 |
Just tell the guy to call Kimber and see what they want him to do. Though, in my experience, their customer service department is less than exemplary.
Yeti is correct, NYC has nothing to do with this.
My problem lies in reconciling my gross habits with my net income.
- Errol Flynn
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Joined: Feb 2005
Posts: 7,438
Sidelock
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Sidelock
Joined: Feb 2005
Posts: 7,438 |
My advice here:
Move to Arizona.
Jim
The 2nd Amendment IS an unalienable right.
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Joined: Jan 2002
Posts: 755
Sidelock
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OP
Sidelock
Joined: Jan 2002
Posts: 755 |
R-Rob-
Yep, you are right...the Customer Service at Kimber was contradictory on multiple occations, so my friend was toldly spooked and started asking me...BUT I have told him to suck it up and use an FFL for send/receipt and this way there will be no problems...Thanks to you all....-Doug
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