Question for any NY LEO members

Discussion in 'General Firearm Forum' started by supercazzola, May 14, 2012.

  1. My dad has a permit for his pistols, with each handgun's serial numbers on the permit. He owns a second house in FL.
    My question is a bit odd, but if he brings a pistol with him down to FL to leave for protection in his house, and returns to NY without the pistol, what would happen if he passed away in NY?
    Would we have a big problem since a gun on his permit was in another state?
    I'm asking such a stupid question because when his cousin died, it was a big problem - the wife couldn't find one of the pistols and she was told she had to bring every pistol on his permit down to the police office to be transferred to a FFL. Her out of state son wasn't allowed to take possession of the pistols they did find unless they went through an FFL.

    Any insight? The counties were Westchester and I believe Rockland...
     
  2. zipper046

    zipper046 Member Supporter

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    LE here in CT and former NY resident...If you have a valid NY permit, you can apply for a Florida non-resident permit and be covered in both states. NY won't recognize FLA permit, but FLA will recognize NY and issue non-res for you.

    Just remember when traveling through states (driving that is), keep the weapon and ammo in the back of the car or in the trunk (if your vehicle has one) and keep them locked in separate containers. This is law in many states when transporting through states and is safest course should you get stopped. Also beware of NJ..they don't allow hollow points...

    Z-
     

  3. sgtcowboyusmc

    sgtcowboyusmc New Member

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    First off Super I do not think it is a stupid question. I live out in the West and we don't have those kind of problems but if it were me I would consult an Attorney! Most street cops don't have a clue on the legalities like this as it is not a normal occurrence for them. Correct me if I am wrong but you are not talking about concealed carry but about NY Laws concerning possessing a Handgun and their laws concerning registration and ownership. (NY Pistol Permit) If I am correct in reading your post your Father owns handguns he bought in NY State and one or more of these handguns are relocated in his other residence in Florida. Common Sense would say that there shouldn't be any problem bringing the handgun back to NY and as long as you comply with the law, transferring it to whom ever is the heir of the firearm but as we know some states laws on Guns has no degree of common sense. Again if this is the case I would seek the advise of an attorney who is well versed in NY Gun Laws. Check with a local Gun Rights Group or Gun Club as they might be able to steer you in the right direction of a good attorney who would have the correct legal info! Kudos to you for having the insight to figure out these possible problems before they crop up and heaven forbid your Father dies but these are things that will need to be addressed so it is better to do it now than to do it after the fact!
     
  4. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    I am not LEO... I am in NY and FL. No permit is required for handgun ownership in FL. Only for CC. The problem would be with NY, reconciling the ownership issue, I would imagine...
     
  5. BLCKWLF

    BLCKWLF GrassHopper

    I agree, consult an attorney. This can get really confusing….
     
  6. GAgal

    GAgal Well-Known Member

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    Thread moved to General Firearm discussion.
     
  7. jgr1974

    jgr1974 New Member

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    My best advice talk to a lawyer from each state!
     
  8. Kmurray96

    Kmurray96 Well-Known Member Supporter

    If the gun is specifically willed to someone and that someone and the gun is already in FL, I would say NY can go pound salt in its as*.
     
  9. Thanks everyone. The guns are still in NY. I know we can transfer the gun through FFL in NY to another FFL in FL, and then we could update the permit in NY to remove the handgun he sent to FL, using the FFL transfer paperwork. We've done that for two handguns he wanted to give me. This is a bit different, as he wants to keep them for his own protection in FL.

    A few of you nailed my concern, which was about NY trying to get the guns in the event of his death. I think I'll talk to an attorney in NY next time I'm up there visiting him, but since he owns them, he should be able to bring them (following all the applicable laws either on airline baggage, or in car).
     
  10. sgtcowboyusmc

    sgtcowboyusmc New Member

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    So just have him Transfer them to you Now in Florida then when he is in Fla he can "Use them" as a Loaner from his Son! Absolutely nothing illegal about that in Free America and as I understand it Fla is still one of those! :D Anyway that would get it off the NY Books and you wouldn't have to worry about it becoming a problem later! My Brothers and I have loaned each other guns long term before. That is what Families do! Run it by a NY Lawyer and see what he thinks but I pretty sure it would be 100% legal!

     
  11. mauro3005

    mauro3005 New Member

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    Unless your in a state that registers the handgun it shouldn't be a problem. I mean you can give someone your gun and then it's theirs. And really unless a gun is reported stolen there is no problem having it. Unless your a convicted felon. That is why you should keep you receipt with serial number on it because you can report a gun stolen if you don't have the serial number! That is a problem LE run into. Not all stolen guns are reported. Random fact to keep in the back of your head*
     
  12. Yeah, but then he couldn't have them in NY if he decided to bring them back.