Canastota, NY asked in Criminal Law and Constitutional Law for New York

Q: Can Mike still purchase a legal firearm from a different state if his state, NYS, denied him during a background check

My friend Mike found people had broken into his dead uncle's house, so he took both weapons he knew were there so that they could not be used on an innocent by standard or the police and left. He tells his neighbor to call the police. When they arrive, they force my friend to the ground at gun point and discover the 2 weapons he took out of the house, which he tucked away to not startle any of his neighbors. Now the one weapon was a shotgun and the other was an antique revolver and therefore both were obtained legally. However, something my friend did not know was that as soon as you put any kind of ammo, including antique just for show ammo, the revolver apparently becomes equivalent to a Glock 19. So no one was found in the house, and they charged my friend with having the revolver. My friend is currently not under indictment, and he answered all the background questions correctly when he attempted to purchase a shotgun. He was dined and is considering alternatives.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If your friend, Mike, was denied a firearm purchase in New York State after a background check, he won't be able to bypass that by trying to buy one in another state. Federal law requires background checks for gun purchases, and if he was denied in one state, the same information will likely lead to a denial in another.

It’s important to understand that transporting firearms across state lines also involves strict federal regulations. Even if he could purchase a gun in a different state, he would need to follow the laws of both that state and New York, which complicates things further.

Mike should consider looking into the reasons for his denial and, if possible, address any issues through the proper channels. Depending on his legal situation, it may be helpful for him to resolve his current legal matters before attempting to purchase a firearm again.

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