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Purchasing a long gun as a NYC resident

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    Purchasing a long gun as a NYC resident

    Can a NYC resident purchase a long gun if he does not intend to keep it within city limits?
    Purchase using his NYS driver's license, NOT registering it in NYC.
    Thanks in advance

    #2
    NO. You are responsible for NYC laws of living there. NO ONE in NUS will sell you a long gun without a permit. That’s why I moved outta the city.

    Comment


      #3
      What if OP has two homes? One in NYC and one in Nassau or Suffolk?
      Exercise the Bill of Rights. It's good for your Constitution.

      Comment


        #4
        Originally posted by Barnslayer View Post
        What if OP has two homes? One in NYC and one in Nassau or Suffolk?
        Believe you run into the issue of proving which one is the primary residence.
        Steve

        Comment


          #5
          Complicated.

          The ATF was pretty clear on telling us (as FFL dealers) to be afraid of that transaction.

          I will point out that if you have a second home in your name that you use as a part time residence but not your domicile, that might be possible.

          Looking at United States Court of Appeals, Second Circuit. Alfred G. OSTERWEIL, Appellant, v. George R. BARTLETT, III, Appellee. Docket No. 11–2420–cv. Decided: December 23, 2013,
          you will find that an out of state full-time resident, with a part-time NY address, is entitled to apply for a pistol license in the county where his second home is located.

          While not the exact same set of circumstances, it does lean toward the second home theory, and maybe that could be explored.

          You do not mention if you have an actual second address to work with.


          LI Ammo, 2 Larkfield Rd. East Northport, open seven days

          Comment


            #6
            While I mention the court case above, it should be noted that the case involves the similar discussion of Residence vs. Domicile, which I think is the OP's question, but like many of the laws the interstate and the intrastate rules can have nothing to do with each other.
            LI Ammo, 2 Larkfield Rd. East Northport, open seven days

            Comment


              #7
              There is nothing illegal about a NYC resident owning a long gun without a rifle/shotgun permit outside of New York City. Section 10-301 of the NYC Administrative Code is inherently a possessory offense and as a jurisdictional matter does not extend beyond the borders of New York City. I'm not aware of any instance where the City took a contrary view and prosecuted someone for this.

              In the old days it wasn't uncommon for NYC residents to buy long guns that would have been "assault weapons" in NYC if they provided the FFL a letter showing that it would not be brought within city limits.

              But I do agree with esteemed Karpteach that in our current environment it will be difficult to find an FFL willing to engage in the transaction.
              Know your rights/Refuse peacefully to consent to a search /Ask if you are free to go or are being detained/Even if you are not doing anything wrong the 4th Amendment protects you against unreasonable searches/Never say anything to law enforcement even if you think it will help you/If questioned you should clearly and unequivocally request that you would like to have an attorney present and defer any questions until then/Never go to prison because you are afraid to go to jail.

              Comment


                #8
                NYC a hellhole within a bigger hellhole

                Comment


                  #9
                  I was just playing devil's advocate hoping it might help the OP. A guy I know has a home in NYC and out in Suffolk. He maintains NYC as his primary residence because he said he'd get killed on taxes otherwise (his business is in NYC). As of yet he hasn't purchased a firearm.
                  Exercise the Bill of Rights. It's good for your Constitution.

                  Comment


                    #10
                    Originally posted by class3 View Post
                    There is nothing illegal about a NYC resident owning a long gun without a rifle/shotgun permit outside of New York City. Section 10-301 of the NYC Administrative Code is inherently a possessory offense and as a jurisdictional matter does not extend beyond the borders of New York City. I'm not aware of any instance where the City took a contrary view and prosecuted someone for this.

                    In the old days it wasn't uncommon for NYC residents to buy long guns that would have been "assault weapons" in NYC if they provided the FFL a letter showing that it would not be brought within city limits.

                    But I do agree with esteemed Karpteach that in our current environment it will be difficult to find an FFL willing to engage in the transaction.

                    Agreed 100% correct. However, the OP didn't ask about owning it, he asked about buying it. That's the problem. How to buy it when the ATF tells NY gun stores that they can't sell to NYC residents.

                    LI Ammo, 2 Larkfield Rd. East Northport, open seven days

                    Comment


                      #11
                      I do not want to introduce any more confusion to this thread but have what I thought was a simple question.. many of us live in Nassau or Suffolk if we wanted to for instance go skeet shooting in NYC or surrounding counties are we ok ? Who needs a long gun permit , NYC domicile dwellers ? If a shockwave is neither long Gun nor pistols ow is that handled?

                      Comment


                        #12
                        There was the Bronx doctor who legally bought the compliant AR up near Schenectady, but a pending lawsuit will determine whether the shop was required to contact the NYPD to find out if he had a permit.

                        Comment


                          #13
                          Who really knows?

                          Comment


                            #14
                            This makes my head hurt.

                            Comment


                              #15
                              Originally posted by Pat M View Post
                              There was the Bronx doctor who legally bought the compliant AR up near Schenectady, but a pending lawsuit will determine whether the shop was required to contact the NYPD to find out if he had a permit.
                              Pat M, if you have more specific facts on that would you please PM me any details as I want to look into this.
                              Know your rights/Refuse peacefully to consent to a search /Ask if you are free to go or are being detained/Even if you are not doing anything wrong the 4th Amendment protects you against unreasonable searches/Never say anything to law enforcement even if you think it will help you/If questioned you should clearly and unequivocally request that you would like to have an attorney present and defer any questions until then/Never go to prison because you are afraid to go to jail.

                              Comment

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