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-   -   Hypothetical question (http://www.firearmstalk.com/forums/f37/hypothetical-question-88005/)

SUJ 04-02-2013 06:44 AM

Hypothetical question
 
Scenario:

You purchase a firearm (let's say an M1 Carbine) with your C&R. You live in one of the several states that are now banning "assault rifles" and the carbine falls within the definition. You don't want to get rid of the rifle (or register it if that is what your state now requires). If it was not purchased using your C&R you could store it out of state. But the C&R requires it to be stored at the address on the license. What could be done? I assume the stricter law takes precedence so even though you can legally own it as far as the feds are concerned the states stricter law takes precedence. What do you do? Can you transfer the gun to yourself from the C&R and then move it out of state? Or can you not transfer it to yourself? Can you get permission to store some of your C&R's at another location?

All these new proposed state laws got me thinking about this.

danf_fl 04-02-2013 07:57 AM

Some, but not all states, have ways of grandfathering.

Moving to a new state requires a lot of research. They do not accept ignorance as an excuse.

c3shooter 04-02-2013 10:13 AM

You cannot transfer a C&R from your license to yourself .

kfox75 04-03-2013 12:43 AM

Quote:

Originally Posted by SUJ (Post 1200245)
Scenario:

You purchase a firearm (let's say an M1 Carbine) with your C&R. You live in one of the several states that are now banning "assault rifles" and the carbine falls within the definition. You don't want to get rid of the rifle (or register it if that is what your state now requires). If it was not purchased using your C&R you could store it out of state. But the C&R requires it to be stored at the address on the license. What could be done? I assume the stricter law takes precedence so even though you can legally own it as far as the feds are concerned the states stricter law takes precedence. What do you do? Can you transfer the gun to yourself from the C&R and then move it out of state? Or can you not transfer it to yourself? Can you get permission to store some of your C&R's at another location?

All these new proposed state laws got me thinking about this.

A simple solution to a complex problem. Do what I am doing, move out of the state with the BS laws. if you do it within the next 16 months or so, you will even be in the new state long enough to vote in the next election.

Here in NY, they are grandfathering every pre-ban that is registered, and any "antique" firearm (50 and over, Somebody needs to inform Albany as to what the Federal definition is!) is exempt from the new 7 round "safe" maximum capacity, but you can still only load 7 rounds. I am still waiting or a reply regarding my M1 Garand from a friend on the state police. I had to ask if it is an "Assault Rifle" because the NY "Safe Act" defines one as having a detachable magazine. An M1 uses an en-block clip, and the magazine is fixed. Hence my confusion, and the reason I will be moving out of NY. Pa or Ohio, depends on which school system calls first.

then again, if we are refering to an M1, is it not truely an assault weapon? After all, they, along with Mosins, Enfields, and Springfields were used during wars.;)

jpattersonnh 04-03-2013 12:49 AM

Quote:

Originally Posted by kfox75 (Post 1201018)
A simple solution to a complex problem. Do what I am doing, move out of the state with the BS laws. if you do it within the next 16 months or so, you will even be in the new state long enough to vote in the next election.

Here in NY, the are grandfathering every pre-ban that is registered, and any "antique" firearm (50 and over, Somebody needs to inform Albany as to what the Federal definition is!) is exempt from the new 7 round "safe" maximum capacity, but you can still only load 7 rounds. I am still waiting or a reply regarding my M1 Garand from a friend on the state police. I had to ask if it is an "Assault Rifle" because the NY Safe Act defines one as having a detachable magazine. An M1 uses an en-block clip, and the magazine is fixed. Hence my confusion, and the reason I will be moving out of NY. Pa or Ohio, depends on which school system calls first.

Your information is not correct. An Antique firearm is manufactured before 1899. Could be Dec 31, 1898. but that is the federal law. Your M1 has a box magazine. There are 5 round Enbloks.

kfox75 04-03-2013 01:06 AM

Quote:

Originally Posted by jpattersonnh (Post 1201019)
Your information is not correct. An Antique firearm is manufactured before 1899. Could be Dec 31, 1898. but that is the federal law. Your M1 has a box magazine. There are 5 round Enbloks.

JP, you are partly correct.The information in my post is taken directly from the NY SAFE Act, basically a case of GIGO. The BATFE defines an antique firearm as any firearm manufactured prior to January 1st, 1899. NY state has the wrong information in their BS law.

The MI Garand uses en-bloc clips in an internal magazine. Yes, 5 rounders are available. That is not where my question on the rifle is. Under the safe act, ny has outlawed the sale and import of assault style weapons.These are defined as being semi-automatic, with a detachable magazine, and 1 or more scary features. The magazine in my M1 can be removed during disassembly, but reloading is accomplished by dropping in an en-bloc from the top of the action, not by dropping an enpty mag, and inserting a fresh one.

c3shooter 04-03-2013 01:16 AM

Would not consider the Garand to have a "detachable magazine". I can remove the magazine from any rifle while disassembling the rifle.

Would also be searching Realtor.com. If you move to Virginia, you will have to get used to putting fewer zeros on your property tax payments, tho.

kfox75 04-03-2013 02:08 AM

Quote:

Originally Posted by c3shooter (Post 1201045)
Would not consider the Garand to have a "detachable magazine". I can remove the magazine from any rifle while disassembling the rifle.

Would also be searching Realtor.com. If you move to Virginia, you will have to get used to putting fewer zeros on your property tax payments, tho.

I've got family down near Richmond. VA is also on the list of possibles after the daughter is done with college.

Milsurpshooter60 04-17-2013 10:51 AM

Quote:

Originally Posted by kfox75 (Post 1201018)
A simple solution to a complex problem. Do what I am doing, move out of the state with the BS laws. if you do it within the next 16 months or so, you will even be in the new state long enough to vote in the next election.

Here in NY, they are grandfathering every pre-ban that is registered, and any "antique" firearm (50 and over, Somebody needs to inform Albany as to what the Federal definition is!) is exempt from the new 7 round "safe" maximum capacity, but you can still only load 7 rounds. I am still waiting or a reply regarding my M1 Garand from a friend on the state police. I had to ask if it is an "Assault Rifle" because the NY "Safe Act" defines one as having a detachable magazine. An M1 uses an en-block clip, and the magazine is fixed. Hence my confusion, and the reason I will be moving out of NY. Pa or Ohio, depends on which school system calls first.

then again, if we are refering to an M1, is it not truely an assault weapon? After all, they, along with Mosins, Enfields, and Springfields were used during wars.;)

Agreed move to a new state i would before i gave up a damn thing.

Milsurpshooter60 04-17-2013 10:54 AM

well dont go to pa, they jumped on the bandwagon come here to Ohio they are not making any new law,s here that restricts us from owning anything ,in fact we are arming school teachers now in Ohio and training them on how to safely use and store them.


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