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Gold Bullet Member
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Discussion Starter · #1 ·
Hey All - I have a buddy here in NYS whose grandfather brought back a WWII Axis pistol. He's not sure what it is but he thinks its German or Japanese (it's amazing that some folks have no idea what their granddad did in WWII). His grandfather has passed away and his grandmother wants to give it to him. He knows that I'm into this stuff and he asked if he needs a NYS pistol permit to accept this. Of course his grandmother doesn't have one but that's not the point. My basic understanding of NYS is that anyone who owns a pistol needs a pistol permit. Is this correct or can he accept this legally without getting a NYS permit? He he ends up getting this I'll give it a good examination. Thanks - CC24
 

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Yes You need to have a permit in NYS to handle and own handguns. Permits in my county take about 3 months to get. Different counties have different rules about whether you can get a conceled carry permit or not, he would have to check with the local permit office for his county on what the requirements are.

Now his grandma not having one could be a problem. If that was the case in my county the rule is to contact the sherrifs office and turn it in so they can run a check on it to see if it is stolen, if not then you should be able to then have it put on a permit.

Mandatory jail time of 1 year for not having a permit if your friend takes it and gets caught w/o a permit.
 

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Discussion Starter · #3 ·
Thanks Curly1 - that's what I thought. But let me see if I have this straight.
A WWII vet legally brings home a pistol and stores it in his attic for 60 some years. During this time he never gets a NYS pistol permit. A few years ago he passes away and by way of default his widow inherits this handgun. She's 80+ years old and never gets a permit. In fact she doesn't even know its there until she cleans out her attic. In theory she could be arrested for owning this without a permit? This doesn't pass the smell test at all!
 

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No what I meant was if she just gives it to her grandson and he doesnt have a permit then he could get into some trouble if caught. I would suggest running the whole thing by which ever LEO runs the permit office, in my county it is the Sherriff's office.

I don"t think there will be a problem other than they will have to surrender it for a period of time for them to check it out.

Let me give you an example that I know of.

Last year a guy in our area finds a bring back Walther PP in an old house he bought and was renovating. He brings it to the State Police who held on to it for 30 days to check it out. He doesn't have a permit and wanted nothing to do with it.

They recommmended my 01 who bought it from him. I don"t know if he had some kind of temporary paperwork for him to carry it from the State Police to the 01 or if the State Police dropped it off and he showed up at my 01 later.

I just happened to call him that day to see if he had anything interesting, it came home with me at a very good price.:D
 

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Registration

Not only does one have to have a pistol permit in NYS, but all pistols must be registered. Grandma does not have a pistol permit, nor is the gun registered. If the son does get a permit, the gun will need to be registered and questions will arise when such registration occurs, since all pistol transactions need to go thru a FFL 01 who is also in possesion of a NYS dealers license (separate from a FFL). Any pistol transaction in NYS must occur with registered handguns.

The way to do this would be for Grandma to take the pistol to the Sherriffs Dept in her county and turn it in. They will hold it (probably max for one or two years) while someone in the family gets a pistol permit. ALthough they will give her a receipt for it, they will not be responsible for any damage or loose (known to happen). In most counties, it would take 6 months to a year to get a permit. The alternative is to have the Sherriff turn it over to a NYS dealer for sale or transfer. I don't think the Sheriff would allow any other transfer....in other words the transfer goes through a dealer. SOme of this may vary bu county. Bottom line is the gun can't get to anybody in the family from Grandma (legally) without getting into the NYS registration system first, and at that point it can only be transfered to someone with a valid NYS pistol permit.
 

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Diamond with Oak Clusters Bullet Member
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Take it to someone who lives out of state and 'buy' it from him by having it transferred to an NY 01 dealer ?? and then go thru the process.
 

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Move to a free state.
 

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One of my college roomates moved to NYS to take a job. His Father, a WWII combat vet had a very nice Lugar he wanted to give his son. When my friend went to see about getting a permit, he was told to forget about it, it wasn't going to happen. This happened in the Rochester area.
 

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Gold Bullet Member
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Discussion Starter · #9 ·
Thanks for the scoop Guys - I've passed on the info to my buddy. Not sure how this is going to play out but at least he knows the score. Appreciate the info.
 
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