he said you will love this

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locomotiveguy
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he said you will love this

Post by locomotiveguy »

Awhile ago I had accumulated two Ruger Blackhawk 4 1/2 in. in 357's and a new Ruger single ten ss 22 that I didn't like much. The Ruger Match Champion came out and I wanted a trade. My lgs was Mc Brides Guns in Austin and I had done business there for over 40 years. The gp100 was new and not readily available. When it came in old man McBride said you gonna love this, since it was a trade and I had not bought the Match Champion no background check was needed, he handed me the package and the deal was done. Ever hear of this loophole?
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Junk Yard Dog
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Re: he said you will love this

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In NY? Only if you wish to experience the joys of prison.
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locomotiveguy
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Re: he said you will love this

Post by locomotiveguy »

This is Federal and not state by state. It all hinged on the fact that it was a trade and no money changed hands. The guy that did it knew his business and was not some sloppy deal so I guess you don't know either. Anyone else?
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steelbuttplate
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Re: he said you will love this

Post by steelbuttplate »

I heard of that in Texas, Georgia, West Virgina and Murphy NC.
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Junk Yard Dog
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Re: he said you will love this

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locomotiveguy wrote:This is Federal and not state by state. It all hinged on the fact that it was a trade and no money changed hands. The guy that did it knew his business and was not some sloppy deal so I guess you don't know either. Anyone else?
Such a transfer would violate the New York State Sullivan act of 1911, and the recent SAFE act. Handguns must be licensed in this state and no transfer that doesn't go through the various county clerks office and involve people already holding a state issued CCW is legal here no matter what the Fed law states. I suspect this is true for other states and city's that heavily regulate handgun's. So far as NYS goes your " guy" doesn't know shit and would get someone locked up for trying that crap here. Any handgun you legally posses in this state must be listed on your license, if you transfer it to another CCW holder then you must transfer it to that holders license using an 001 FFL to facilitate the transfer ( SAFE act) as the handgun must be held while the Sheriffs office and county clerk handle the paperwork of applying the serial number to another CCW permit. The only time a handgun does not transfer in this way here in NYS is when two bangers in the hood exchange an off the books piece for some drugs, or cash. Gun laws, particularly involving handguns, vary greatly from state to state, and even within city's in the states. Wouldn't matter what BATFE regs said, you get caught in NYS with a handgun who's serial number is not on your permit you get arrested, and prosecuted, then they run the serial number to find who's license it belonged to ( if it was an on the books piece), and they get arrested also, worse if they die and the family can't produce the handgun licensed to the deceased when the Sheriffs deputy's come to collect it ( to hold until it can be transferred according to the will to another CCW holder) they are in a world of shit. In Austin Texas such a transfer may be legal if the city and state do not have their own licensing regulations in place as is the case in NY, Jersey, and other places run by socialist motherfuckers.
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Re: he said you will love this

Post by Longcolt44 »

If in fact this was his personal firearm and he had never entered in to his FLL logbook for the store the trade would be legal as to Fed standards. If it was legal in Texas as it would be in Ohio I see no problem.
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Lavitias
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Re: he said you will love this

Post by Lavitias »

Your correct longcolt but it comes down to what state did he do this in because JYD could also be correct if it took place in NY. Not that it should be a question of whether it was legal to do it that or way not but that's and entirely different argument.
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locomotiveguy
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Re: he said you will love this

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My "guy" owns a gun shop that has at least ten salesman and does millions a year in business but whatever, I know New York is a pollical pisspot I was born there and my people farmed the Hudson river valley for 200 years. Its hard to imagine that states can circumvent federal laws or maybe things have changed in the last two or three years.
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Re: he said you will love this

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locomotiveguy wrote:My "guy" owns a gun shop that has at least ten salesman and does millions a year in business but whatever, I know New York is a pollical pisspot I was born there and my people farmed the Hudson river valley for 200 years. Its hard to imagine that states can circumvent federal laws or maybe things have changed in the last two or three years.
Come back up here and try it, you think I gave you and all that warning for nothing? This is the shit we live with here and if you lived here within the last 35 years you should know it. My people farmed that same river valley for just as long and it doesn't matter for shit, run afoul of the state gun police and you are in a world of shit. FFL holders must comply with the state gun regulations within the state they do business in. If that dealer was in NY he could sell a handgun out of his own personal collection, but just to have that handgun here legally in the first place it must be on his state issued handgun license. In order to transfer it to another person that person must first obtain a NYS handgun license and once it's issued, if it's issued, the county clerk must remove the handgun from one license and transfer it to the other. That's the Sullivan act here in NYS, law since 1934 and unconstitutional as it is it remains unchallenged. This is the situation in many states and citys, and the reason so many gun owners are pissed off and lacking faith in their government to protect their firearms rights. Best policy to follow when questions about gun transfers or any gun law question is contact the BATFE directly, I don't care if the guy has been in business 50 years with a hundred employees and a hundred mill in sales. I have heard enough stupid shit from even larger dealers at one time or another that when questions arise I look to the source. When it comes to questions regarding what is and is not legal in your state, or permitted by the government, bad information can mean jail, the loss of your rights. Better yet if it's serious enough have a conversation with a lawyer specializing in firearms law specific to your region of the country, the NRA can help you find one.
Leave it as it is. The ages have been at work on it and man can only mar it.
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locomotiveguy
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Re: he said you will love this

Post by locomotiveguy »

I agree with all of that, New York is a great state twisted by the big city. I guess you can't see my point. I was taken aback when it happen, I still feel it was a federal loop hole but this is not the only bs in my life, party on Garth...
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Re: he said you will love this

Post by Brake Weight »

I would guess that he possibly put it under a name when it came in. He wanted the trade bad enough to do this and sounds like both parties are happy. Just a simple trade of two registered firearms. One just happened to be brand new.
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Junk Yard Dog
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Re: he said you will love this

Post by Junk Yard Dog »

locomotiveguy wrote:I agree with all of that, New York is a great state twisted by the big city. I guess you can't see my point. I was taken aback when it happen, I still feel it was a federal loop hole but this is not the only bs in my life, party on Garth...
It's a loophole all right, but one that only works if state law goes along with it. In Texas it does, at least in that jurisdiction, other states not so much. Illinois, NY, jersey, probably California, states that heavily regulate handguns, or all guns.
Leave it as it is. The ages have been at work on it and man can only mar it.
Don't hit at all if it is honorably possible to avoid hitting; but never hit soft.
Theodore Roosevelt
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