Mass Resident- no LTC- can I own a gun in NY?

[maltc]

I grew up in upstate NY- but currently live in Massachusetts and I do not have a license to carry. Could my close family member gift me a rifle (he has an extra Mass/Ny compliant AR), which I would sole use in the state of new york for the range, and leave it in new york at my mothers house?

Also- do you have to be a resident of NY to buy a rifle in NY? Could I just buy a shotgun for the range if I left it in new york with a mass drivers license?

Thanks for the help!

 

[Len-2A Training]

Legally the answer is NO. Fed Law/Regs require a FFL to make sure that the buyer is legal to possess the gun in their home state/city. Without a LTC, you fail that requirement. The AG BS would also mean that 99.9999% of non-MA FFLs wouldn't transfer it to you either due to confusion between law and press conferences/memos.

 

[maltc]

Legally the answer is NO. Fed Law/Regs require a FFL to make sure that the buyer is legal to possess the gun in their home state/city. Without a LTC, you fail that requirement. The AG BS would also mean that 99.9999% of non-MA FFLs wouldn't transfer it to you either due to confusion between law and press conferences/memos.

Len thank you for the reply...Ok so got it- can't legally transfer to someone unless it's legal for them to own in their state.

But Riddle me this- What are the laws regarding possession of a rifle in new york for an out of state resident?

Lets asssume A- my brother gives me the rifle unofficially- I solely leave it in New York... (in New York rifles are not registered), so what's the deal there?

What if I bought a rifle at a gun show in new york? Because I am not fedarally prohibited, would driving to the range, or going hunting be legal?

Do the New York rifle laws ONLY pertain to new york residents?

I hope you understand my confusion...

 

[Len-2A Training]

I can't help you with NY laws, I don't study them or have any expertise there. My expertise is MA gun law and that involves knowing some of the Fed laws as well, so I offered that info to you as it was within my expertise.

Hopefully someone from NY or once lived there (paging @Rob Boudrie) can answer that part of your question.

 

[Matt-CZ]

Len thank you for the reply...Ok so got it- can't legally transfer to someone unless it's legal for them to own in their state.

But Riddle me this- What are the laws regarding possession of a rifle in new york for an out of state resident?

Lets asssume A- my brother gives me the rifle unofficially- I solely leave it in New York... (in New York rifles are not registered), so what's the deal there?

What if I bought a rifle at a gun show in new york? Because I am not fedarally prohibited, would driving to the range, or going hunting be legal?

Do the New York rifle laws ONLY pertain to new york residents?

I hope you understand my confusion...

There would be no way for you to lawfully purchase a gun at a NY gun show unless the gun was transferred to a MA FFL dealer first. FFL transfers must be done at a dealer licensed in your home state (MA). A private sale cannot legally occur as you are not a NY resident. Any private seller wanting to legally sell you a rifle would have to send it off to a MA FFL to complete the transfer, which won't occur if you don't have your permit.

As far as possessing a gun while in NY without owning it, like a loaner rifle on a hunting trip, I don't know.

 

[nstassel]

There would be no way for you to lawfully purchase a gun at a NY gun show unless the gun was transferred to a MA FFL dealer first. FFL transfers must be done at a dealer licensed in your home state (MA). A private sale cannot legally occur as you are not a NY resident. Any private seller wanting to legally sell you a rifle would have to send it off to a MA FFL to complete the transfer, which won't occur if you don't have your permit.

As far as possessing a gun while in NY without owning it, like a loaner rifle on a hunting trip, I don't know.

You're describing the process for handguns. If he's legal to possess the long gun in his home state he can buy it from an ffl in another state directly.

 

[richc]

A good friend has bought a number of rifles in NH that are MA compliant. He's a MA resident. I think he files an FA10 for each rifle after purchase.

Handguns are a very different story.

 

[allen-1]

There would be no way for you to lawfully purchase a gun at a NY gun show unless the gun was transferred to a MA FFL dealer first. FFL transfers must be done at a dealer licensed in your home state (MA). A private sale cannot legally occur as you are not a NY resident. Any private seller wanting to legally sell you a rifle would have to send it off to a MA FFL to complete the transfer, which won't occur if you don't have your permit.

As far as possessing a gun while in NY without owning it, like a loaner rifle on a hunting trip, I don't know.

Federal law says that you can only purchase a HANDGUN in your own state. You can purchase longarms in any state as long as the longarm is legal to own in your state of residence. So, he can buy a rifle in NY without a MA FFL being involved.

I don't know whether or not he can do a private sale, that's a matter of NY state law - and I'm not familiar with it. State laws vary; in CT I need to get an authorization from the SLFU based upon the permits of both the seller and purchaser for a private transaction; in Georgia there's NO paperwork involved.

 

[Matt-CZ]

You're describing the process for handguns. If he's legal to possess the long gun in his home statehe can buy it from an ffl in another state directly.

Federal law says that you can only purchase a HANDGUN in your own state. You can purchase longarms in any state as long as the longarm is legal to own in your state of residence. So, he can buy a rifle in NY without a MA FFL being involved.

I don't know whether or not he can do a private sale, that's a matter of NY state law - and I'm not familiar with it. State laws vary; in CT I need to get an authorization from the SLFU based upon the permits of both the seller and purchaser for a private transaction; in Georgia there's NO paperwork involved.

 

[mothybee]

Federal law says that you can only purchase a HANDGUN in your own state. You can purchase longarms in any state as long as the longarm is legal to own in your state of residence. So, he can buy a rifle in NY without a MA FFL being involved.

I don't know whether or not he can do a private sale, that's a matter of NY state law - and I'm not familiar with it. State laws vary; in CT I need to get an authorization from the SLFU based upon the permits of both the seller and purchaser for a private transaction; in Georgia there's NO paperwork involved.

Then he would have to register it in Mass. Neat trick without a permit.

 

[mothybee]

Or use the gun show loophole.

 

[Len-2A Training]

You can purchase longarms in any state as long as the longarm is legal to own in your state of residence. So, he can buy a rifle in NY without a MA FFL being involved.

Please explain to me how the bold part works with someone from a state that REQUIRES a FID/LTC to possess but the person has no such license?

FTF between 2 parties that do not reside in the same state is NOT a state matter but a Federal matter . . . felony!

Then he would have to register it in Mass. Neat trick without a permit.

If he left the gun in NY and it never appeared in MA, NO registration is required in MA!

 

[mothybee]

Please explain to me how the bold part works with someone from a state that REQUIRES a FID/LTC to possess but the person has no such license?

FTF between 2 parties that do not reside in the same state is NOT a state matter but a Federal matter . . . felony!



If he left the gun in NY and it never appeared in MA, NO registration is required in MA!

Fair enough but, how does a non resident from Ma. purchase a firearm(or BB gun for that matter) in N.Y. without being permitted in either state? Or am I missing something?

 

[Len-2A Training]

The Feds require every FFL to ensure that the person they are transferring a gun to would be legal in the state they live in. So if a state doesn't require a license to OWN (like most states), no issue that way. But for those backwards states (like MA) that require a license to possess anything, it would be a violation of Fed Regs for them to do the transfer to that person who has no license from his home state (MA), regardless of where he intended to store the gun (NY).

 

[allen-1]

Please explain to me how the bold part works with someone from a state that REQUIRES a FID/LTC to possess but the person has no such license?

FTF between 2 parties that do not reside in the same state is NOT a state matter but a Federal matter . . . felony!



If he left the gun in NY and it never appeared in MA, NO registration is required in MA!

The OP said that he didn't have a "license to carry". I said "You can purchase longarms in any state as long as the longarm is legal to own in your state of residence." Does Massachusetts require you to have a permit to purchase a rifle? I'm not versed in Massachusetts law, (obviously). I know I can buy a rifle in New York because it's legal for me to own it in Georgia, (my state of residence).

 

[allen-1]

The Feds require every FFL to ensure that the person they are transferring a gun to would be legal in the state they live in. So if a state doesn't require a license to OWN (like most states), no issue that way. But for those backwards states (like MA) that require a license to possess anything, it would be a violation of Fed Regs for them to do the transfer to that person who has no license from his home state (MA), regardless of where he intended to store the gun (NY).

Ah - that answers your objection to my statements. MA requires a license to possess anything. So the question is the original poster's statement that he doesn't have a permit to carry, which probably means that he doesn't have a license to possess...

 

[Buck F]

Ah - that answers your objection to my statements. MA requires a license to possess anything. So the question is the original poster's statement that he doesn't have a permit to carry, which probably means that he doesn't have a license to possess...

Ohboy, someone’s far from home in this forum

 

[AHM]

... how does a non resident from Ma. purchase a ... BB gun ... in N.Y. without being permitted in either state? ...

Pre-SAFE Act: Walmart.

 

[Tallen]

If, theoretically, you were living and working in MA but had an out-of-state driver's license (not applicable to the OP apparently), you could probably pull it off. There are some scenarios where this might occur.

 

[maltc]

If, theoretically, you were living and working in MA but had an out-of-state driver's license (not applicable to the OP apparently), you could probably pull it off. There are some scenarios where this might occur.

I have a Mass drivers license.

If I understand correctly: NY won't sell rifles to non-residents if it's not legal to own in their own state. I don't have license in Mass.

What are the laws regarding possession of a rifle for a non-resident? (Obviously with key to the trigger lock)

Gun laws are so absurd.

 

[maltc]

Pre-SAFE Act: Walmart.

So post SAFE act it is confirmed this is no longer allowed? Can't find any of this in writing.

 

[Tallen]

I have a Mass drivers license.

If I understand correctly: NY won't sell rifles to non-residents if it's not legal to own in their own state. I don't have license in Mass.

What are the laws regarding possession of a rifle for a non-resident? (Obviously with key to the trigger lock)

Gun laws are so absurd.

Correct, you cannot legally purchase a long gun in NY unless you can do so in the state you're claiming residency in - usually what is shown on your driver's license. Possession however is not regulated - what is not verboten is allowed. IANAL.

 

[maltc]

Correct, you cannot legally purchase a long gun in NY unless you can do so in the state you're claiming residency in - usually what is shown on your driver's license. Possession however is not regulated - what is not verboten is allowed. IANAL.

That's what I thought. I also am learning, and anyone correct me if I am wrong, that immediate family is allowed to tranfer a firearm to another immediate family member without a background check...I wonder IF my resident state gun law applies to that. I would assume no?

 

[Len-2A Training]

See #14 above.

Also Fed Law does NOT allow transfer amongst immediate family members IF those family members live in different states. State Laws can't over-ride this. So a Father who lives in NY can't give/transfer FTF to a Son who lives in MA w/o going thru an FFL.

 

[swatgig]

See #14 above.

Also Fed Law does NOT allow transfer amongst immediate family members IF those family members live in different states. State Laws can't over-ride this. So a Father who lives in NY can't give/transfer FTF to a Son who lives in MA w/o going thru an FFL.

Sure it does. The only requirement is that one of the family members dies.

 

[Matt-CZ]

Sure it does. The only requirement is that one of the family members dies.

*gun cleaning intensifies*

 

[maltc]

See #14 above.

Also Fed Law does NOT allow transfer amongst immediate family members IF those family members live in different states. State Laws can't over-ride this. So a Father who lives in NY can't give/transfer FTF to a Son who lives in MA w/o going thru an FFL.

Ok so sibling to sibling not allowed- but father to son in same state of residency allowed.

Brother is also a resident of Mass, he leaves his rifles in New York because that's where we love to go shooting when visiting. He was one of the lucky ones to receive an unrestricted LTC in the great state of Mass....I however live in Boston which makes that damn near impossible.

I still cannot seem to figure out the legality of access to (key to trigger locks etc) and my possessing a rifle in New York to head to the range, if I am on my own.

Should anyone have further clarification let me know.

 

[Tallen]

Why don't you just get your LTC? It would simplify things greatly.

Another alternative is your brother gives the rifle to your mother (assuming she's not a PP and can legally be transferred the rifle), and she loans it to you when visiting. Of course if you do anything illegal with it she is on the hook too.

 

[JAD]

Ok so sibling to sibling not allowed- but father to son in same state of residency allowed.

Brother is also a resident of Mass, he leaves his rifles in New York because that's where we love to go shooting when visiting. He was one of the lucky ones to receive an unrestricted LTC in the great state of Mass....I however live in Boston which makes that damn near impossible.

I still cannot seem to figure out the legality of access to (key to trigger locks etc) and my possessing a rifle in New York to head to the range, if I am on my own.

Should anyone have further clarification let me know.

Relationships are irrelevant. Interstate private transfers are prohibited by the federal GCA.

As a non-licensed Massachusetts resident, you are unable to acquire a long gun from a dealer out of state, since you are unable to acquire a long gun under the laws of your home state, and such transfer (long gun from FFL to in-person out of state resident) are required to be in compliance with the laws of both (1) the state where the transfer is occurring and (2) the laws of the transferee's state of residence. (People have been subjected to federal prosecution and been convicted for such violations in the past)

Even though Boston makes it relatively difficult to get an LTC-A without restriction, you should be able to get an FID or LTC-A (with restrictions) except for some extra delays and steps (e.g. the Moon Island qualification for LTC applicants/ renewals). Either of those (an FID or restricted LTC) would be sufficient to allow you to lawfully acquire a long gun (an FID will limit you to rifles and shotguns which are not "large capacity weapons") and maintain it in your home and transport it to a target range. That would meet your stated desires and you would have the convenience of being able to have the rifle/shotgun at home where you can take more steps to ensure that it is secure.

 

[AHM]

So post SAFE act it is confirmed this is no longer allowed? Can't find any of this in writing.

No; I'm jus' sayin' that post-SAFE Act,
the only prudent strategy is to Shelter In Place.