I read about those unfortunate enough to live in states that still have the AWB type of restrictions.
I was wondering if it would be legal for me to sell and ship a pre-ban AR to someone currently living in a ban state?
I assume those living in ban states are restricted to guns already in their state and grandfathered in when the laws were enacted.
Am I correct, or am I wrong?
I realize that the laws vary from state to state. But can anyone advise?
As far as I know it is legal to purchase a pre-ban out of state in the state that I live in. I have read, and re-read my state’s laws, and can’t find anything restricting such a transaction. This may very from state to state though.
The only thing you have to be aware of for sure is that lowers are FFL restricted, meaning you will have to ship it to their local dealer.
Every ban state is different. NY regs is different from NJ, and NJ is different from MA, etc.
There is no blanket answer as to what is legal for ban states, I’m afraid.
Off the top of my head:
[b]CT- no mag restrictions, most Colts are banned by name, anything pre-1994 is ok. 7.62x39mm AK variants are banned unless registered with the state police prior to 2002.
NY- AWB similar to the 94 ban still in place. No POST ban mags over 10 rds. Pre ban guns/mags ok.
NJ- AWB in effect, no grandfather clause, possession of any mag over 15 rds is prohibited, regardless of when made. M-1 Carbines banned.
MA- Similar to NY, but must have a special license to possess PRE BAN mags over 10 rds. [/b]
I could be mistaken, so anyone from the aforementioned states please feel free to correct me.
All interstate firearms transactions MUST be done via an FFL, per Federal law.
IANAL/TINLA
I live in a ban state and have been through this a few times. In NY where I live it is ok to ship a lower to another party in state. However if the sale crosses state lines then it is illegal and falls under firearms trafficing laws.
Note: As far as I know, all Interstate firearms transfers must use an FFL.
Not so in NY. I can sell anything I want to who ever I want. I cannot transfer a pistol to anyone other than another NY permit holder however.
Yes so in NY. It is a FEDERAL LAW that requires INTERSTATE (ie, between states) firearms transactions to go through an FFL. The only exception is rifles that your purchase in person in another state as long as you can own it in your own state, or something like that (there may be details I missed).
If you mean California, then NO, it’s NOT legal. CA’s 2000 AWB listed all the AR-15s then being produced and they’re all illegal now.
You’re wrong.
The older manufacturers (Colt, Bushmaster, etc.) are banned, but newer ones (CMMG, S&W, DD, for example) aren’t on the AWB list and are legal.
Bimmer
Either I wrote it wrong or you miss understood me. I was not talking between states I was talking personal sales in state.
Purchase in person through an FFL.
From ATF web site, part of:
FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE
2005
B. UNLICENSED PERSONS
(B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(d), 27
CFR 478.29 and 478.30]
(B2) From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27
CFR 478.29 and 478.30]
(B3) May an unlicensed person obtain a firearm from an out-of- State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C 922(a)(3) and 922(b)(3)]
I don’t know if this will help you as it is specific to California only, since thats where I’m at I have studied it extensively and carry a copy of it with my rifles anytime I travel. It’s pretty idiot proof, hell I get it.
It took a while though.
http://www.calguns.net/caawid/flowchart.pdf
Mike
In NY State you can own pre ban magazines as well as buy them from out of state. You can also buy pre-ban guns from out of state.
However, you can own neither of these in NY City.
If I was living in NYS and wanted to buy a postban gun I would get a Colt 6400C and have the stock, which is pinned to full extension, replaced with a Sully stock and have the factory muzzle break replaced with a battlecomp muzzle break.
Wrong. Pre-ban mags are OK in NY.
The dude you replied to and said that it was not so in NY specifically mentioned INTERSTATE sales…
Typo:D
Meant to say post ban… Good catch though…
I see what your saying he wants to ship it in to a ban state, I understod that from the start. I never intended to give him the impression that it was ok to ship between states, only to say that sales between citizens inside the state of NY where ok.
Thanks Guys…