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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 11-28-2012, 12:27 PM
glorified_welder glorified_welder is offline
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Default just received a pm from someone claiming to be a ny resident, possible setup

I just recieved a pm from a guy asking me to ship him my umarex mp5-sd. Its a rimfire riffle. I understand cali gun laws and just did a lil research on ny state gun laws and it appears the umarex would be considered an aw in ny. I felt like the pm had a little too much of his personal info and the fact that he was offering to pay more than my asking price and said he would overnight me cash had me looking at it a litle suspiciously. Ive already sold the riffle to someone else months ago. So I just want to make sure we don't have people on this board trying to set up fellow calguns members who think ny's gun laws are a mirror of cali's. Heres the message he sent me. I've removed his name till its proved to be a setup



Quote:
I have been looking for a used Umarex H&K MP5–SD
in good condition for months now! If this is still for sale please contact me ASAP! I will pay $500.00 cash plus your shipping fees.

I will send next day air CASH before you ship the rifle. I am 60 years old and lie in upstate New York, I'm looking to get something unique that won't cost a lot of money to shoot and this model fits the bill perfectly.

Thanks
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  #2  
Old 11-28-2012, 12:29 PM
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Sound slike a typical scam at work.
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  #3  
Old 11-28-2012, 12:32 PM
glorified_welder glorified_welder is offline
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Sounded like a money order scam to me at first. But after a little reading. I believe the rifle would be an aw in NY
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  #4  
Old 11-28-2012, 12:52 PM
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Freudian slip?

Quote:
I am 60 years old and lie in upstate New York,
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  #5  
Old 11-28-2012, 1:54 PM
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Quote:
Originally Posted by Maestro Pistolero View Post
Quote:
I am 60 years old and lie in upstate New York,
Freudian slip?
LOL, thats what I thought
  #6  
Old 11-28-2012, 1:57 PM
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Gee, I didn't know Eric Holder had a place in upstate NY.
  #7  
Old 11-28-2012, 2:14 PM
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Quote:
Originally Posted by Lone_Gunman View Post
Gee, I didn't know Eric Holder had a place in upstate NY.
I bet Mayor Bloomberg does though.
  #8  
Old 11-28-2012, 2:31 PM
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I definitely wouldn't put that past Bloomberg and Co. seeing as how they've done so much other crap in parking lots and gun shows just to boost statistics in his favor. I don't care about the users name, but what about post count or iTrader?
  #9  
Old 11-28-2012, 2:41 PM
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The rifle has to go through an FFL in any case.
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  #10  
Old 11-28-2012, 2:44 PM
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The scammers are bad but the Cal gun flakes really suck.
  #11  
Old 11-28-2012, 2:45 PM
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Does the OP have a link to his sale? I can't seem to find one under his started threads???

Never mind. You have had that for sale for a while now. I'd sell it LOL

Last edited by taperxz; 11-28-2012 at 2:49 PM..
  #12  
Old 11-28-2012, 2:50 PM
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Quote:
Originally Posted by taperxz View Post
Does the OP have a link to his sale? I can't seem to find one under his started threads???
http://www.calguns.net/calgunforum/s...&highlight=mp5
  #13  
Old 11-28-2012, 2:55 PM
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What responsibilities does a California seller have to ensuring compliance with NY laws? Isn't it all on the end user?

For example, most any non-listed AR pattern rifle can be shipped with the upper and lower separated and rendered compliant with a maglock etc. Off-roster pistols can be SSE'd.

My take is that a friendly, "just so you know, this might be an AW in your state," note is appropriate, but I'd be irritated if I PMed someone out of state to buy an AR or off-roster pistol, and had my communication posted in public with speculation over whether I was trying to entrap them. If the seller had accepted my offer, that would present an appropriate time to either ask them to separate the upper and lower or mention that I'm aware that the pistol is not rostered, but the responsibility for compliance lies with me and I have a legal way of completing the transfer on my end.

A mirror of this issue is seen in the many gunbroker sellers that have given up on California law and just write off California sales, even for such non-threatening things as bolt action rifles. I'm sure most of us agree that we would be better off if these sellers would leave the responsibility for CA compliance to CA end users and FFLs.

OP, if you still had the rifle, I'd say make sure the seller's money is green and that his receiving FFL checks out, and mail away. If his FFL transfers a locally illegal gun, that's between 2 NY residents and their laws.
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  #14  
Old 11-28-2012, 2:55 PM
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What responsibilities does a California seller have to ensuring compliance with NY laws? Isn't it all on the end user?

For example, most any non-listed AR pattern rifle can be shipped with the upper and lower separated and rendered compliant with a maglock etc. Off-roster pistols can be SSE'd.

My take is that a friendly, "just so you know, this might be an AW in your state," note is appropriate, but I'd be irritated if I PMed someone out of state to buy an AR or off-roster pistol, and had my communication posted in public with speculation over whether I was trying to entrap them. If the seller had accepted my offer, that would present an appropriate time to either ask them to separate the upper and lower or mention that I'm aware that the pistol is not rostered, but the responsibility for compliance lies with me and I have a legal way of completing the transfer on my end.

A mirror of this issue is seen in the many gunbroker sellers that have given up on California law and just write off California sales, even for such non-threatening things as bolt action rifles. I'm sure most of us agree that we would be better off if these sellers would leave the responsibility for CA compliance to CA end users and FFLs.

OP, if you still had the rifle, I'd say make sure the seller's money is green and that his receiving FFL checks out, and mail away. If his FFL transfers a locally illegal gun, that's between 2 NY residents and their laws.
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  #15  
Old 11-28-2012, 2:56 PM
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Have you bothered talking to a moderator?
This could be a scam or it could be an eager buyer. If you've already sold the weapon in question then forward the info to a mod and call it good. Being it is sold there's no way you will be able to ascertain whether it's legitimate. This, this is just another " hey let's all play the assumption game" thread.
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Last edited by LMTluvr; 11-28-2012 at 3:00 PM..
  #16  
Old 11-28-2012, 2:57 PM
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Dupe post.
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Last edited by LMTluvr; 11-28-2012 at 3:01 PM..
  #17  
Old 11-28-2012, 3:06 PM
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Wish I had me a riffle.
  #18  
Old 11-28-2012, 3:20 PM
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Riffle was sold a long time ago. I pm'd the buyer to let him know, this would be an aw in his state. This post was more or less to see if this has happened in the past. The member that pm'd me had 1 post and zero feedback. I'm sure it was a scam or some sort. Whether or not it would of had legal action I am unsure of. But the pm doesn't sound on the up and up. Not only did the buyers screen name not match the name he left at the end of his pm he also gave me a phone number with a (800) area code.
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  #19  
Old 11-28-2012, 3:29 PM
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I have no idea whether this offer was legitimate or not.

I do know that there are some scams where they offer to send you the cash in advance and somehow or other (can't see how it works unless you are really stupid) they manage to get you to send them more cash than you get.

Something to do with they send you a much bigger check instead of the cash, and ask you to send back the difference with the sale item. Then, of course, the check bounces, even if it looks good. (How many of you know that even a bank's cashier's check can be revoked and is no safer than a personal check?)
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  #20  
Old 11-28-2012, 3:33 PM
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In the scam you are talking about usually the buyer sends a check for way more than the item cost. You are to use it to pay for shipping and return the rest of the money. That's how they get your money. This pm was written similar to those but no money was to be sent back. What threw me was the info about his age ect. Stuff that's really not necessary
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  #21  
Old 11-28-2012, 3:42 PM
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Have him overnight you the cash.

Your gun is in the mail.
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Old 11-28-2012, 3:51 PM
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Could be an overeager buyer. I've sent PMs like that when it was a deal that I didn't want to miss.

That said, your rifle IS considered an AW by NY's laws, due to the adjustable stock. I would reply to the PM and inform him that he cannot legally own the rifle in it's current configuration. May be something he is not aware of...
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"Moms Demand Action" sounds less like a gun control group and more like the title of a porn flick from the mid-90s.
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Old 11-28-2012, 3:54 PM
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Cash is king.
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Old 11-28-2012, 4:32 PM
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It would have to be sent to a FFL. Once you have the FFL info, contact the FFL and ask if it would be legal for him to accept XYZ firearm. I don't see what the problem is.
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Old 11-28-2012, 4:39 PM
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Quote:
Originally Posted by TRICKSTER View Post
It would have to be sent to a FFL. Once you have the FFL info, contact the FFL and ask if it would be legal for him to accept XYZ firearm. I don't see what the problem is.
/thread
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  #26  
Old 11-28-2012, 5:04 PM
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New York AW laws apply to rimfires?

Man, I thought we had it bad...
  #27  
Old 11-28-2012, 5:16 PM
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Did you try googleing that 800 number he gave you? I wonder what the results come up with
  #28  
Old 11-29-2012, 9:07 AM
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Quote:
Originally Posted by drifter2be View Post
Could be an overeager buyer. I've sent PMs like that when it was a deal that I didn't want to miss.

That said, your rifle IS considered an AW by NY's laws, due to the adjustable stock. I would reply to the PM and inform him that he cannot legally own the rifle in it's current configuration. May be something he is not aware of...
This is most likely, especially if NY doesn't have a very good version of a "CalGuns" for their state. Even with the great info/education provided by CGN/CGF, we have people in CA who can't understand these arcane laws. I can't imagine how those in other communist states are faring without similar assistance.
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  #29  
Old 11-29-2012, 9:08 AM
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Quote:
Originally Posted by TRICKSTER View Post
It would have to be sent to a FFL. Once you have the FFL info, contact the FFL and ask if it would be legal for him to accept XYZ firearm. I don't see what the problem is.
(although many here seem to have missed the part where the OP stated that he sold it months ago...)
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  #30  
Old 11-29-2012, 9:36 AM
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Since the gun was sold already, I think we've worried enough about the PM-sender.

Closed.
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