i am selling a m&p 15t tactical with stock telescoping stock,threaded barrel and stock a2 flash suppressor. i live in pa and sold it online and found out the buyer lives in ny. im pretty sure this isnt a ny comliant gun is it? hes telling me that i he can have it and theres no restrictions on it in ny,which i know is bs, this gun is less then a year old, so what do i do?
- Bayo lugs, flash hiders and telescoping stocks are illegal UNLESS on a preban lower OR he in a LEO
- He could have it sent to an FFL/Gunsmith who will be “legalizing” by pinning he stock, perm fixing a muzzle break and shaving the bayo lug. That is possible. I live in NJ (and use to lie in NY) and have had this done before I take possession.
- I think you have two option
A. This gun is clearly illegal in NYS state on the lower sold and and unless you can prove status of LEO I will not ship to NYS
B. Even if it is illegal as long as you ship to a legit FFL I believe (although I am not a lawyer) that he would be breaking the law NOT you. So there is really no actual risk to yourself. And he may have plans to have his FFL legalize it etc.
In my view if he gives you a legit excuse (preban lower, my FFL with legalize it, I am an Leo etc) I would ship it. He pulls its not illegal which it clearly is, I would pass.
he told me his ffl said its ok to have,i have a hard time believing that,the gun is legal in pa for me idk about him
he says hes a leo and that his ffl will accept the rifle,am i safe?
If he’s Leo he can have whatever he wants. You did warned him and winces he’s aware of it and the consequences. So just ship it and make sure you get paid.
Just keep copies of emails where you told him it was illegal. Also remember that if he said he is a cop and he actually is not, he’s committing a crime by impersonating a police officer. So at the end he’s the one in trouble not you. Or you can ask for verification of ID through Skype or fax.
he paid through paypal, im safe they arent going to yank it bc of a weapon purchase correct?
Yes by all means keep proof that you are concerned you’re committing a criminal act but did it anyway because the other guy said it was okay.
Realistically, as long as you are shipping to a FFL then it’s the FFL’s responsibility to make sure they are transferring the firearm to an individual who can legally possess it. I would personally have an FFL local to you ship it to the recipient’s FFL to make sure your bases are covered. Then you have two buffers between you and the receiving individual if they turn out not to be who they say or your firearm ends up not being NYS compliant.
There is two ways to look at this:
- It’s not worth the hassle, I don’t have to sell the gun to anyone I don’t want and unless he does a better job to prove its legal F him.
- If he has possession of an illegal weapon it his problem, not yours so fine sent it to him. It’s his and his FFL’s responsibility and legal issue not yours
If he has already paid and you can verify his FFL is legit then I would send it. But if your not comfortable just return his money and move on.
He could just switch that upper to a preban lower and be 100% compliant. As someone who use to live in a ban state, it sucks when people won’t work with you just because you live there even though you can find ways to legally possess.
I agree with this!
What are the chances that paypal could take the money from my account bc the shipping address on the paypal is his ffl and says us armorers and references a auction number
Don’t be stupid, Immediately xfer that money out of Paypal!
If you have any concerns, just call his FFL direct and ask them about the legality.
You shipped the rifle legally to an FFL. It is the responsibility of the FFL to make the legal transfer to comply with NY Law. The FFL must make the rifle NY compliant prior to transfer.
If you use Paypal for a transaction like this and you do not clearly state DISCREET your account can be nailed. It happened to me and to several others I know.
Additionally if he is claiming to be an LEO, I would advise you to have him scan a copy of his I.D and email it you. That’s my .02 centavos.
Given the climate in this state I would HIGHLY advise that you follow IraqGun’s advice and at least get a copy of his LEO credentials for your files prior to shipping.
Cuomo is doing all sorts of fucked up stuff at the moment behind the scenes here, including using state authority to cancel gun shows at county fair grounds, and I have heard so many stories about “whats legal” in NY at gun stores that it seems everyone is frantic. I would not put it past his administration to try and set up straw purchases, illegal online purchases, and the like to try and justify an all out ban in this State so tread softly.
It’s weird here right now, I saw a guy willingly pay 1600 for a DPMS at a store before Christmas and the one dealer with AR’s in stock in the Hudson Valley as of today has to have a police officer on his road to direct traffic due to the number of cars lining up on the country road he’s located on.
Dealers are trying to get as much money as possible from the frenzy and I have heard some shops say some weird stuff to make a sale (some of which isn’t legal).
FYI NY State’s AWB is the same as the federal one prior to the sunset. Exactly the same as per the NY state website. LEO are allowed to have the “evil” features if it is being purchased as a duty rifle (but this very well may vary from county to county). As far as I know on all personal firearms owned by LEO and Military all NY state laws apply (please see the recent case of a NJ Port Authority Officer for an example). The legality of LEO’s owning non compliant firearms seems to be the only area where there is grey in NY, but I wouldn’t put it past Cuomo to try and close this loophole in the coming days.
On another note if anyone has NY state compliant rifles they want to sell at a major profit now would be the time to look into it.
can paypal take it after i transfer? also he sent copy of his leo id card, so seems legit i just dnt wanna ship the gun and have paypal yank funds from my bank account
The Port Authority Officer was in NJ. NY gun laws specifically exempt police officers and it says nothing to differentiate personal from duty weapons.
If your buyer was actually a law enforcement officer I would have thought that he would not have tried to tell you that there are no restrictions on that rifle and then later claimed to be law enforcement. I don’t think you could really get jammed up if you’re shipping to an FFL, but given the current market there’s really no reason for you stress yourself out about it. I’m sure you can find a buyer in a free state sometime within the next six seconds or so.
he serves in the suffolk county ny auxillary police, i researched it,seems as if its not really law enforement its more of a peace officer. someone give me a 2nd opinion on this,seems kind of weird.
suffolk county ny auxillary police
Peace officer with a permit are exempt also BUT In This situation I wouldn’t sell it to him. Peace officer are wayy different than police officer here in NY. Just get it sold to somebody else. You been hassling to much. And being auxiliary is a voluntary job with no pay so be is probably taking advantage by saying that just to have it and show off (which most of the auxiliary I know do) and btw I would get him locked up for saying he’s LEO. There is a ABSOLUTELY a difference.
How much are you selling it for? I’m in Colorado right now and it is not banned here!!! 
I might even PP you an EXTRA $20 for your troubles…