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Question concerning transfer of a shotgun out of state


Guest rxdoc

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Hi guys,

My cousin who lives in New York wanted me to put together a home defense type of shotgun and send it to him. He would reimburse my for my expenses. I am fairly sure that this can be legally done because it involves a long gun ( New York law aside) from a federal standpoint. I am just a little concerned over whether or not this would involve a "straw purchase"?

I was hoping one of the members who does FFL transfers for a living could enlighten me on this "private sale"

Thanks

Bob

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Guest coldblackwind

You can ship it to an ffl in NY. However, check NY law before you get crazy building it, they still have assault weapon statutes up there, my dad and best friend live there. Don't think there's much to do with shotguns, but who knows, and if it isn't legal, the gunshop won't touch it. Namely things like collapsible stocks, side saddles, bayonet lugs (590) can possible get you into trouble up there. I know theres a list for rifles, if you have 3 or more items on the list, its an assault rifle and illegal in the state of NY. Of course, if you're really worried about it, there is always the option to make the trip and hand deliver it. Where's he at? I might be able to reccomend a shop.

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That would be a straw purchase and you could be charged for lying on the ATF form 4473. It's an out of state transfer and the gift exception wouldn't apply since you would be compensated. As others have already said, use an FFL to FFL and you'll be fine. Also, it's against federal law to ship a firearm through the USPS and to ship through Fedex, UPS, etc, you have to declare it. I don't believe they will touch it unless it is going from an FFL to an FFL.

Why can't your cousin just go buy one himself?

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Also, it's against federal law to ship a firearm through the USPS ...

Sorry, but that's incorrect information.

Handguns can only be sent between FFLs via USPS, but long guns may be sent intrastate between individuals, and interstate from individual to FFL.

You may also ship long guns TO YOURSELF intra or interstate c/o another person, but not sure if this can be done through USPS or just contract carrier.

- OS

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