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Discussion Starter · #21 ·
Make sure you keep good track of your paperwork. I wouldn't be surprised to see NYPD track down a large sudden transfer of firearms out of one NYC location to an out of state location with all the pressure Bl00mberg is putting on them.
I definitely will!
 

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Discussion Starter · #23 ·
Finally made the move!!

I decided for work to relocate in Delaware County PA. Spoke to the 2 different PSAs at 1 PP and they stated a notarized letter and permit can be mailed to them. Here in PA, I have full carry privileges and no restrictions on firearms so I bought 15 round mags for my glock and a Remington tactical 870 w/ 8 shot extended tube, a collapsible AR-15 stock w/ handgrip & breacher choke. I also bought a bushmaster M4 w/ 30 round mags.

Became a member at Targetmaster. http://www.targetmaster.com/range.html

You guys be well and keep up the good fight!

Rick
 

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Rick,

If I may ask, did you need to do an FFL transfer anyway, or was the notorized letter and mailing back your NYC license all that the License Division said you needed?

Just wanted to know, since I may be moving, possibly out of state, in the next year or so.

Thanks.

NYCShooter
 

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Discussion Starter · #25 ·
Rick,

If I may ask, did you need to do an FFL transfer anyway, or was the notorized letter and mailing back your NYC license all that the License Division said you needed?

Just wanted to know, since I may be moving, possibly out of state, in the next year or so.

Thanks.

NYCShooter
No FFL, I spoke to at least 2 different PSAs and they stated I can mail in the license with a notarized letter and photocopies of my CCW from the state allowing me to carry in the state I am moving to. Without a ccw, I will need a letter from the local sherriff stating they know and allow me to possess a handgun in my house. Knowing them, they will just close out my file. Good luck on your future move.

Rick
"Vote with your feet"-Ronald Reagan
 

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Was down at 1PP yesterday, I asked about moving out of state, the answer was simply go ahead and move, take your guns with you (no ffl transfer required) and send a letter with your permit and proof of new residency back to 1PP stating you have permanently moved out of NYC and that was all they required. There was no question or uncertainty in her answer, it was simple and matter of fact so I wouldnt worry too much about it...
 

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Discussion Starter · #28 ·
Was down at 1PP yesterday, I asked about moving out of state, the answer was simply go ahead and move, take your guns with you (no ffl transfer required) and send a letter with your permit and proof of new residency back to 1PP stating you have permanently moved out of NYC and that was all they required. There was no question or uncertainty in her answer, it was simple and matter of fact so I wouldnt worry too much about it...
That's good info to hear, but they didn't tell me about the "proof of residency", maybe I will give them a call on monday.
 

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Was down at 1PP yesterday, I asked about moving out of state, the answer was simply go ahead and move, take your guns with you (no ffl transfer required) and send a letter with your permit and proof of new residency back to 1PP stating you have permanently moved out of NYC and that was all they required. There was no question or uncertainty in her answer, it was simple and matter of fact so I wouldnt worry too much about it...
LOL which completely goes against their own rules that FOPA doesn't apply for us.
 

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Rick,

It's great to hear that you didn't need to do an FFL transfer for your move out of NYC to Pennsylvania. This may be a part of the revamping of the rules/regulations that apply to firearms owners in NYC and a preventive measure to prevent any strong court challenges to at least most of the nonsense that NYC gunowners must deal with.

I don't believe this was a FOPA of 1986 issue as Muevelo suggested. Although I'm not an attorney, I don't think NYPD could have told you (or anyone else) that an FFL tranfer was required without being in direct conflict with the Gun Control Act of 1968.

Long before FOPA, the GCA of 1968 specifically allowed for the interstate transportation of firearms that were lawfully owned by citizens for purposes of changing residency across state lines without an FFL transfer. FOPA was in reality an addendum to GCA of '68 and served to address issues of varying state and local jurisdictions and provided a blanket protection to them for legitimate transportation of legal guns.

Since your New York residency ended, and your New York pistol license automatically became null and void, you're essentially no longer under NYPD's thumb. In the Beach case, Beach was taking a temporary trip to Nevada, attempting to travel under the auspices of his NY Resident Premises license on the New York end, and his Nevada pistol permit on the Nevada end.

All in all, it's good to hear that it wound up not being a big deal at all.

Best of luck in PA and be sure to stay involved in the shooting sports.

NYCShooter
 

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Discussion Starter · #31 ·
Rick,

It's great to hear that you didn't need to do an FFL transfer for your move out of NYC to Pennsylvania. This may be a part of the revamping of the rules/regulations that apply to firearms owners in NYC and a preventive measure to prevent any strong court challenges to at least most of the nonsense that NYC gunowners must deal with.

I don't believe this was a FOPA of 1986 issue as Muevelo suggested. Although I'm not an attorney, I don't think NYPD could have told you (or anyone else) that an FFL tranfer was required without being in direct conflict with the Gun Control Act of 1968.

Long before FOPA, the GCA of 1968 specifically allowed for the interstate transportation of firearms that were lawfully owned by citizens for purposes of changing residency across state lines without an FFL transfer. FOPA was in reality an addendum to GCA of '68 and served to address issues of varying state and local jurisdictions and provided a blanket protection to them for legitimate transportation of legal guns.

Since your New York residency ended, and your New York pistol license automatically became null and void, you're essentially no longer under NYPD's thumb. In the Beach case, Beach was taking a temporary trip to Nevada, attempting to travel under the auspices of his NY Resident Premises license on the New York end, and his Nevada pistol permit on the Nevada end.

All in all, it's good to hear that it wound up not being a big deal at all.

Best of luck in PA and be sure to stay involved in the shooting sports.

NYCShooter
Thanks,

I am having a ball, carrying everywhere and buying whatever I want, including M4/AR15, shotguns and pistols w/ high cap mags. Also, fireworks are legal here and they sell BB guns w/ scopes here in Walmart. I also joined targetmaster in Del. Co. http://targetmaster.com/membership.html
They have a great lounge area w/ huge TV, ping pong, poker table, video games, lounge chairs, coffee maker, microwave and other goodies!! But, so far, I haven't seen, not one member inside the lounge. Where's the comrade?
I can hang out at Westside all day and any day, just talking shop! Oh well, can't have it all.
 

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the FOPA I'm referring to is the Beach vs. Kelly ruling where Sotomayor ruled that 2nd amendment doesn't apply for NYC and that FOPA doesn't apply for NYC premise permit holders. Beach had his license revoked along with all his firearms as a result for transporting his pistol under FOPA and FAA guidelines to Nevada, where he had a valid CCW.
 

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Moving out and Beach v. Kelly

Congrats to you Rick - enjoy your freedom!

NYCShooter has it right below regarding FOPA and Beach v. Kelly. As all probably recall, the Appellate Division court sidestepped FOPA in Beach v. Kelly II when they held that, because Beach was a lowly Premises - Residence handgun license holder, he couldn't "lawfully possess and carry" at the origin of his FOPA trip (as described in the language of the FOPA statute), thus rendering FOPA "inapplicable".

The exact language from the decision of the court is repeated here:

Where the licensee is not permitted by the terms of the license to lawfully carry the firearm at the time he embarks on a trip to another state, FOPA is inapplicable.

I guess it didn't matter to this court that Beach could lawfully carry the firearm at the origin of his FOPA trip - his home. But, when you're a judge engineering for a particular outcome, I guess this inconvenient truth gets lost in the details....

(I tried searching for the previous links etc. on this and other matters, but I see that the new-ish forum software limits searches to the past 1 year max - not that helpful.)

The other info below on moving out is correct -- there is no need to go through an FFL -- this is explicitly protected under GCA '68. That said, I wouldn't risk flying out of NY, because its conceivable a zealous PAPD or NYPD airport team might try to make a collar (or seizure of the firearms) for either (i) violation of the administrative terms of the license (transport other than to or from an "authorized range" and/or intended transport out of state) or (ii) purported CPW (criminal possession of a weapon) through some convoluted theory that (x) once you've left your NYC residence for the move, your NYC license is automatically null and void, and therefore (y) you're now in possession of handguns within NYC without a license. Yes, I know, this may sound crazy / overcautious, but is anything truly out of the realm of the possible with this regime?

/ can't believe I'm still here
// back to lobbying the spouse for move out of NYC
 
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