Multi-state carry permits

[barrytheprof]

I have a concealed carry permit in NY, and non-resident permits in Florida and Utah. If I'm in Florida can I buy and register a gun in Florida using my non-resident Florida permit? If I use my NY permit in Florida it will take about 3 months to clear, and I won't be in Florida to pick it up.

Does anyone know how long the registration process takes in Florida?

I've had no success googling for these answers.

[heyjoe]

under federal law you cannot take possession of a handgun whether through an ffl  or not, in a state that is not your home. the handgun would have to be shipped to an ffl in the state you make your home. you can however make more than one state your home during the year , for example if you spend summers in new york and winters in florida, and consider the state you are in at the time your home for that period of time you are in it, you can buy and take possession of a handgun while in that state. There is documentation you would have to produce to an ffl in florida if you have a new york license. contact florida ffl's and ask them when they require. i dont think you need a permit to buy a gun in florida.   

The ATF offers clarification on a FAQ on the website

"For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state.
[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]

[barrytheprof]

Thanks HJ, that helps. I'm going to be spending more time in Florida now and I'd like to keep an NAA or two down there. It makes traveling between NY and Florida easier by plane and even traveling by car easier, given the number of states I have to pass through that don't recognize my permits.

It would be simpler to buy a few guns while I'm in Florida to keep in Florida but it gets complicated. NY may consider my Florida guns to be unregistered and illegal. Maybe I should call the local sheriff's office in NY and get their advice.

[Kismet]

Hey Barry...

In today's social/political climate, it makes the most sense to find out every little thing regarding gun ownership and carry laws, because almost certainly there is some one, or some group, who will take exception to whatever it is you are doing.

Collect as much information as you can from both NY and FL, try to make sense of them, and THEN go to the agencies involved. Regarding your thought about contacting the local sheriff's office, you might try to do this informally, because, as a rule, no government employee ever got in trouble by saying "no."

Just do it right; you should be fine.

Best wishes

[barrytheprof]

Good point Kismet, thanks

[pietro]

.

I would think that any conversation with a NY official would result in an automatic "NO"

I don't worry about all that stuff, as my constitutional permit is good for carry everywhere except inside government buildings.

.

[barrytheprof]

What's a constitutional permit?

[heyjoe]

Thanks HJ, that helps. I'm going to be spending more time in Florida now and I'd like to keep an NAA or two down there. It makes traveling between NY and Florida easier by plane and even traveling by car easier, given the number of states I have to pass through that don't recognize my permits.

It would be simpler to buy a few guns while I'm in Florida to keep in Florida but it gets complicated. NY may consider my Florida guns to be unregistered and illegal. Maybe I should call the local sheriff's office in NY and get their advice.

you cannot posses a handgun in new york  which you do not have  listed on your new york permit.

[heyjoe]

What's a constitutional permit?

a constitutional permit is constitutional carry. it means that you do not need a permit to carry concealed in that state. in some states this applies also to non residents who are in that state visiting or temporarily working or just passing through. sometimes it applies to both open and concealed carry, sometimes just to concealed carry, depending on the state. i forget the exact number of states with constitutional carry but there are quite a few now.

[heyjoe]

Thanks HJ, that helps. I'm going to be spending more time in Florida now and I'd like to keep an NAA or two down there. It makes traveling between NY and Florida easier by plane and even traveling by car easier, given the number of states I have to pass through that don't recognize my permits.

It would be simpler to buy a few guns while I'm in Florida to keep in Florida but it gets complicated. NY may consider my Florida guns to be unregistered and illegal. Maybe I should call the local sheriff's office in NY and get their advice.

under FOPA , Firearm Owners Protection Act you can transport a gun by car or plane from one state where it is legal for you to have it (new york) to another state where it is legal to have it (Florida?) i dont know florida law so i dont know if it is legal for you to have it there without a non resident permit. you have the right to safe passage through the states that dont honor your permit to a state where  it is legal for you to possess it. so the state that is the destination of your trip is where it has to be legal to possess.


Safe passage" provision

One of the law's provisions (codified in section 926A of title 18 of the U.S. Code) was that persons traveling from one place to another have a defense for any state firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gasoline), provided that the individual is not otherwise prohibited from possession of a firearm, the firearms and ammunition are not readily accessible, that the firearms are unloaded and, in the case of a vehicle without a compartment separate from the driver's compartment, the firearms are located in a locked container other than the glove compartment or console.



Definitions of certain terms in the law include:

Transporting. Not staying for any determined length of time. Passing through on the way to some place.
Unloaded. No ammunition in the firearm. In the case of McDaniel v. Arnold, the courts upheld a conviction based on the interpretation that the accused had a loaded firearm despite not having a round in the chambered position.[17]
Not readily accessible. There are no clear court decisions or interpretations available but this term is widely regarded as meaning Not capable of being reached quickly for operation.
Locked container. A hard-sided container that is locked such as to prevent unauthorized users from gaining access.

[barrytheprof]

you cannot posses a handgun in new york  which you do not have  listed on your new york permit.

Okay, now we're getting somewhere!

So the question becomes, can a Florida FFL do the paperwork to register the gun to my NY permit?

Are there any Florida FFLs in this group?

[OV-1D]

  That I doubt very highly . Each state will want its own possession of its paperwork . 

[Uncle_Lee]

What's a constitutional permit?

a constitutional permit is constitutional carry. it means that you do not need a permit to carry concealed in that state. in some states this applies also to non residents who are in that state visiting or temporarily working or just passing through. sometimes it applies to both open and concealed carry, sometimes just to concealed carry, depending on the state. i forget the exact number of states with constitutional carry but there are quite a few now.

I just read where it is 21.

[pietro]

.

FWIW, my constitutional carry permit was issued in 1791, when the US 2nd Amendment to the US Constitution was ratified.

I would rather be judged by 12, than carried by six..... YMMV

[heyjoe]

you cannot posses a handgun in new york  which you do not have  listed on your new york permit.

Okay, now we're getting somewhere!

So the question becomes, can a Florida FFL do the paperwork to register the gun to my NY permit?

Are there any Florida FFLs in this group?

no

[RogueTS1]

If you can buy it in FL then just leave it in FL and do not worry about the intricacies involved in NY. I am not sure but I would hazard to guess that FL does not register one's firearms to any permit. TN does not do so. One buys a gun and takes it home with them. No permit needed to register it to. I highly doubt FL is any different.

[Wumbey Goomba]

Ya?ll are correct Rogue.
No gun permit in Florida.
Least not for residents.
It?s still what you call a free
state.( so far) 

No matter how many times I correct the hyphen,
when I post it becomes a question mark.
I noticed a lot of other weird things in past posts too.
Like something(program, virus)is changing them all
thru the forum. Anybody else notice this?  ??

[OV-1D]

  Concealed carry permit is a must in Florida , however open carry can be done if your in the process of fishing even in state parks . All my modern firearms had to be registered here also with backchecks of said person . With a concealed carry permit you can walk with your gun at time of purchase . As all states felons are not allowed to purchase, own or be in possession of a firearm I'm under the impression of .
  HeyJoe said it all in transporting , thanks Heyjoe for that info lookup .. 

[pietro]

Ya?ll are correct Rogue.

No matter how many times I correct the hyphen, when I post it becomes a question mark.

It's your computer,  Ya-ll 

[Wumbey Goomba]

I posted from iPad.
It shows it on my laptop too.
Look at my profile past posts.
Something has change every hyphen and
quotes to weird stuff.

Hard to believe it would go and change past
posts, that I know weren?t like that, when they
were originally posted. ??

[barrytheprof]

It could be that the IPad has switched the keyboard to another language. I don't know where to check for that on an IPad.

Does it happen when you post from your laptop too?

[Wumbey Goomba]

Haven't tried, this post from from my laptop. '''''
This will be the test'' '  "
It is just strange that it effects old posts too.
When they were posted they were proper.
Now they have change.
I don't think language has change cause it only seems
to be hyphen'  and quotes"
Doesn't seem to be doing it with laptop.

I've been wanting a "Ricks" special paddle

Here is a example of a old post that has changed.
When I originally posted it, it was correct.
I saw it, now this is what it has change to.

[Uncle_Lee]

Could be Russian.

[barrytheprof]

I'm in no hurry.

[jstert]

florida has no firearms registration requirements.  if you acquire in, or bring to, florida a lawful firearm why not leave it in florida secured, in a climate controlled storage unit with other valuables if you have no second home in florida?  why does ny need to know about any item of yours that wasn?t or isn?t in ny?  as for your ny-permitted firearms, there isn?t any ny law against lawfully transporting them out of and back into ny, right?

[barrytheprof]

I thought it would be handy while I'm down there to pick up an NAA or two to leave there. But I'd need to be able to bring them to NY eventually. Driving down with a gun is problematic, but I do it. Each state has different laws. I can't remember each state's exact requirements, but I have to unload it, and store and gun and ammo in two different locked places. I remember there being one state that said it would be okay, as long as you don't stop. It really is lunacy.

Eventually my guns will go to my son in NY, so I'd like to have them registered and listed in my gun trust. We each have a gun trust so that the other can take control if there's an issue that results in possible confiscation. And of course there's also the inheritance issue.

[heyjoe]

I thought it would be handy while I'm down there to pick up an NAA or two to leave there. But I'd need to be able to bring them to NY eventually. Driving down with a gun is problematic, but I do it. Each state has different laws. I can't remember each state's exact requirements, but I have to unload it, and store and gun and ammo in two different locked places. I remember there being one state that said it would be okay, as long as you don't stop. It really is lunacy.

Eventually my guns will go to my son in NY, so I'd like to have them registered and listed in my gun trust. We each have a gun trust so that the other can take control if there's an issue that results in possible confiscation. And of course there's also the inheritance issue.

FOPA is a federal law . what i posted to you is federal. you can lock up the unloaded gun in a case, put it in the trunk, or back of the SUV, lock up the ammo separately and drive it down, or fly with it to florida. People do it every day, its not hard to do.

[barrytheprof]

Thanks HJ, that was useful information.

[glenn]

It may be a problem buying a  (hand)gun in FL ... if you are not a FL Resident.

.

[barrytheprof]

Yeah, I have a non-resident permit but it looks like the simplest thing to do is buy it in NY, have it properly registered, and bring it down.