I got a reply to one of my guns. The person asked if I could ship it without the magazines since they only allow 10 rounders (the featured gun has magazines that hold more than that).

That doesn't seem legal in a commie state like NY. How does a state know if a gun came with 10 rounders or it was done later. Is it the FFL that either accepts it and records it or not?

Not worth it IMO.

FFL to FFL.

quote:

Originally posted by Jeff Yarchin:
FFL to FFL.

Of course it would be FFL to FFL. Just wondering if what is suggested is fine or not. I'm with Leemur in that I don't think it's worth it unless someone knows for sure what the facts are.

quote:

Originally posted by Jeff Yarchin:
FFL to FFL.

This. It's takes any and all responsibility off of your shoulders.

Jim

quote:

Originally posted by 1s1k:

quote:

Originally posted by Jeff Yarchin:
FFL to FFL.

Of course it would be FFL to FFL. Just wondering if what is suggested is fine or not. I'm with Leemur in that I don't think it's worth it unless someone knows for sure what the facts are.

Then there is nothing to be concerned about. The FFL's are responsible, not you.

Does the manufacturer of your gun sell 10 round mags for it? If they do, it doesn't seem your gun is illegal unless you ship the higher round mags with it. The gun isn't altered to carry a 10 round mag, its just the mag that is different. However, I agree with the other posters that since you are shipping FFL to FFL, they are the ones responsible for the legalities.



.

My selling policy is not to separate anything (mags) from the gun. If you live in a commie state, don't bother.

It is a case of firearms buyer not wanting to violate the laws of his state of residence.

There is nothing preventing you from shipping the gun without magazines (provided the buyer is completely aware of this); in fact doing so eliminates and legal problem for you WRT the magazines.

At one time it was common to ship standard capacity magazines to a NYS-based FFL, who would removed them from the incoming transfer gun. The NYS-based FFL would then sell them to NYS LEOs.
The NYS-based FFL who would in turn credit the gun's buyer toward purchase of low capacity magazines. I can't guess why the buyer of yours gun isn't doing that.

Bottom line: Its legal to do, provided everyone is aware of what's going on.

quote:

Originally posted by Sig2340:
It is a case of firearms buyer not wanting to violate the laws of his state of residence.

There is nothing preventing you from shipping the gun without magazines (provided the buyer is completely aware of this); in fact doing so eliminates and legal problem for you WRT the magazines.

.

yep,

mag limit is 10 rounds

and the buyer asked you to ship with out,

so once payment and FFL are in hand, ship
sell the mags on in the Classifieds,


easy peasy and no drama

enjoy

Happens in CA all the time. Not only can you ( as a resident of some other state) not sell me your gun if it isn’t on “the roster” you can not ship a 11+ round Mag. So say you could sell me a CA legal gun. Like a glock 17 gen 3. Even though I can buy one new, you have one for a screaming good deal. She’s the gun sans Mag and I’m on my own to locate a 10 rounder

If you don't mind my asking, what is the make/model?

Unfortunately, the NYS Penal code has a section on pistol "Assault Weapons" (N.Y. Penal Law § 265.00(22)) FFLs can take possession of said "assault" pistols but can only sell them to specific people. For example a Berretta 92A3 would be an "assault pistol" because it has a threaded barrel.

Otherwise, sending the pistol without the magazine shouldn't be an issue. It's the FFls in NY can receive hi capacity (over 10 rounds) they just can't sell them to John Q. Citizen.

quote:

Originally posted by 12131:
My selling policy is not to separate anything (mags) from the gun. If you live in a commie state, don't bother.

Amen

Thanks for all the good info guys.

quote:

Originally posted by CD228:
If you don't mind my asking, what is the make/model?

Unfortunately, the NYS Penal code has a section on pistol "Assault Weapons" (N.Y. Penal Law § 265.00(22)) FFLs can take possession of said "assault" pistols but can only sell them to specific people. For example a Berretta 92A3 would be an "assault pistol" because it has a threaded barrel.

Otherwise, sending the pistol without the magazine shouldn't be an issue. It's the FFls in NY can receive hi capacity (over 10 rounds) they just can't sell them to John Q. Citizen.

It's a Walther PPQ .45.

quote:

Originally posted by Jeff Yarchin:

quote:

Originally posted by 1s1k:

quote:

Originally posted by Jeff Yarchin:
FFL to FFL.

Of course it would be FFL to FFL. Just wondering if what is suggested is fine or not. I'm with Leemur in that I don't think it's worth it unless someone knows for sure what the facts are.

Then there is nothing to be concerned about. The FFL's are responsible, not you.

This. It is legal to ship the gun and magazines to a NY FFL, and the FFL would then retain the magazines to sell to LEO or out of state etc.

This message has been edited. Last edited by: jimmy123x,

quote:

Originally posted by jimmy123x:
...as long as you're not shipping magazines over 10 rounds to NY with the gun.

^ This.. is incorrect.

Sending the gun without the evil 10+ round magazines... 100% legal.

Sending the gun with the evil 10+ round magazines... also 100% legal. (since it's going to an FFL)

If the gun is something that's not legal here... it's still 100% legal for you to ship it to the FFL. NY's dumb laws do not apply to FFL's.

It's pretty common for guys to buy things that aren't legal here (guns and magazines) and to have the dealer make them compliant before they hand it over.

Or:
Sometimes the buyer is LEO exempt.
Sometimes people will have the FFL hold the mags to sell to exempt LEO.
Sometimes the FFL will hold the mags and either the FFL or buyer will sell them online with the FFL shipping them.
Sometimes the buyer will stomp on the mags and have the dealer throw them away. ("I paid for them, they're mine even if I can't keep them, why should someone else make money off something I paid for?")

Please don't make this any more complicated than it need be. I do wish people would stop making up rules and laws that don't exist. It's bad enough we get fucked by the sate, we don't need people who are supposedly on our side doing it too.

We do it in NY all the time and it's 100% legal. The gun goes FFL to FFL and the mags stay with you.

Not knowing the specifics of the NY law I won't comment on that aspect.

I can tell you that since the 15 round mag limit went into effect in CO it has made buying some new guns a real chore, as some dealers/ sellers refuse to replace mags with compliant ones (some will do so) which means that you are required to pay for a gun accessory that you will never receive even though the gun is perfectly legal to own, with or without any magazines.

As standard capacity mag ownership/ possession is "grandfathered" in under the law, many of us stocked up on magazines prior to the law going into effect and so, in some cases when we can convince a seller to sell the gun without mags (in some cases at no compensation, in some cases replacing the mags with compliant ones, and in some cases replacing the mag with something like a cleaning kit or sling) we still have legal mags in our possession for the gun we just bought.

I own standard cap. mags for guns that I don't currently own but hope to one day.

I'm deeply appreciative of the sellers who made accommodations and went the extra mile to sell me guns and magazines. Were it me, I wouldn't hesitate to help a fellow gun owner out by shipping it to him/ her in any configuration that allowed them to legally receive it from their FFL

quote:

Originally posted by cas:

quote:

Originally posted by jimmy123x:
...as long as you're not shipping magazines over 10 rounds to NY with the gun.

^ This.. is incorrect.

Sending the gun without the evil 10+ round magazines... 100% legal.

Sending the gun with the evil 10+ round magazines... also 100% legal. (since it's going to an FFL)

If the gun is something that's not legal here... it's still 100% legal for you to ship it to the FFL. NY's dumb laws do not apply to FFL's.

It's pretty common for guys to buy things that aren't legal here (guns and magazines) and to have the dealer make them compliant before they hand it over.

Or:
Sometimes the buyer is LEO exempt.
Sometimes people will have the FFL hold the mags to sell to exempt LEO.
Sometimes the FFL will hold the mags and either the FFL or buyer will sell them online with the FFL shipping them.
Sometimes the buyer will stomp on the mags and have the dealer throw them away. ("I paid for them, they're mine even if I can't keep them, why should someone else make money off something I paid for?")

Please don't make this any more complicated than it need be. I do wish people would stop making up rules and laws that don't exist. It's bad enough we get fucked by the sate, we don't need people who are supposedly on our side doing it too.

You are correct, I will edit my post. The gun and mags could be shipped to NY, the FFL could retain the mags and sell them to LEO or out of state.

What a stupid place to live.