Correct me if I'm wrong - Page 2

B. Dudley · 10-01-2019, 08:12 PM

It is simply a case of them modifying the rules as they see fit to error on the side of caution. According to how the federal laws are written, they should ship the gun to a C&R if it is over 50 years old and direct to buyer with photo ID if made in or before 1898.

B. Dudley · 10-01-2019, 08:39 PM

This is a business that is constantly getting hurt and discriminated against. Nothing new. Just one more roadblock.

Mike of the Mountain · 10-01-2019, 09:38 PM

Y’all need to move out of NY and into PA. The more of you “gun guys” from NY move to PA, the more we can keep the Philadelphia leftists in check.

GH-16 · 10-02-2019, 11:41 AM

Another point to consider.

There's a difference between what the laws & regulations are and company policy. A gun dealer must follow all applicable federal, state & local laws, but they can make any policy they feel is appropriate for their business.

Dean Romig · 10-02-2019, 11:52 AM

But can they legally redefine or infringe our constitutional rights?.... as in "...shall not be infringed"?

.

OH Osthaus · 10-02-2019, 12:22 PM

Quote:

Originally Posted by Dean Romig

But can they legally redefine or infringe our constitutional rights?.... as in "...shall not be infringed"?
.

yes they can, the government is not supposed to, but companies can - such as a policy that an employee cannot talk to the press on an issue does not violate the 1st amendment . well you can talk, but you'll get fired

so as long as they as not relaxing the law, or breaking it outright (such as discrimination) companies have a lot of latitude

6pt-Sika · 10-02-2019, 01:26 PM

Quote:

Originally Posted by Dean Romig

But can they legally redefine or infringe our constitutional rights?.... as in "...shall not be infringed"?

.

If you have a liberalist attitude you can infringe or disparage anything you want and not pay the price !

Setter Man · 10-02-2019, 02:24 PM

Quote:

Originally Posted by CraigThompson

If you have a liberalist attitude you can infringe or disparage anything you want and not pay the price !

Note: the Constitution is directed at governmental entities, not private entities. Except as provided by statute, companies can do what ever they want.

Craig Larter · 10-02-2019, 12:08 PM

IF gun sellers make up their own regulations that are stricter than the law it is an infringement in my opinion. That being said in the case of the NY Safe Act it is so poorly written (purposely?????) it is interpreted in different ways. I was told by the Safe Act Hotline that transfers between NY residents requires a background check period, except between family members. Plus a C&R FFL is still valid for transfers from out state to a NY C&R Licensees. The Hot Line refused to give me that interpretation in writing, there in is the problem.

Setter Man · 10-02-2019, 12:25 PM

Quote:

Originally Posted by Craig Larter

So I purchased a 136 year old Parker from Morphy's Auction. I'm a resident of NY state. The gun is listed as an A or antique in the catalog. My invoice said they did not have a FFL on file for me. Morphy's will not accept my C&R FFL because ammo is available for the gun so they need to ship to a FFL. My read is the gun is pre-1898 so no FFL is required. But a C&R should also be acceptable in that the gun is over 50 years old. I will have the gun shipped to a FFL but what am I missing?

Companies chose to be conservative and require an FFL and I don't blame them. My guess is their insurance carrier may require all transfers be to an FFL, given the litigious nature of the country - better safe than sorry, and there is nothing that infringes on anyones rights in doing so. The definition of C&R is woefully outdated and at some point will be revisited and/or litigated.