Receipts and Transfers: Online Purchases and Private Sales Policy

Overview:

From time to time customers of Constitutional Chemicals may wish to purchase an item online, or otherwise receive an item that requires a background check prior to transfer.  This document outlines Constitutional Chemical’s policy and terms pertaining to this service.

For all correspondence regarding firearm transfers, email Constitutional Chemicals at [email protected] before shipping

Fee Schedule:

Firearms: $39.00 ($30.00 + $9.00 NYS Background Check Fee. $5 per additional firearm)

Ammunition: $32.50 ($30.00 + $2.50 NYS Background Check Fee) per shipment

Before you buy

• Review the seller’s return policy, most firearm sales online are “final”
• Communication with the seller is the responsibility of the buyer. If there is a problem with the firearm, Constitutional Chemicals will not be a mediator between the original seller and buyer
• Constitutional Chemicals is not responsible for any shipping charges pertaining to the package
• Constitutional Chemicals is not responsible for lost or damaged packages that are shipped by a third party

Receipt of Firearms and/or Ammunition:

Constitutional Chemicals will receive firearms and/or ammunition in order to facilitate the required background check prior to transfer.  The firearm/ammunition for transfer must be compliant with all federal and New York state laws and regulations.  

• No firearm may be transferred without receiving a “proceed” from the New York state background check system (IE: NYNICS) and successful completion of the ATF’s 4473
• No handgun may be transferred without a copy of the receivers valid New York state pistol permit and coupon from their county’s licensing authority
• No semi-automatic rifle may be transferred without a New York state semi-automatic rifle endorsement
• All ammunition transfers are subject to New York state Background Check for Ammunition and must result in a “proceed” prior transfer

Constitutional Chemicals will only receive firearm/ammunition shipments from other businesses with a Federal Firearms License (FFL). Please provide us with the FFL’s contact information and we will reach out for documentation exchange and shipping coordination

• If the party shipping your firearm IS NOT an FFL you must contact us before shipment.  Failure to do so may result in a refused package

Unsuccessful Transfer: 

There may be instances where Constitutional Chemicals can not complete the transfer.  These instances typically are due to the firearm being non-compliant in New York state or the receiver cannot successfully complete the transfer because of a NYNICS denial and/or the receiver does not hold the necessary license(s).

Non-compliant Firearms:

If the firearm received is considered “non-compliant” by law, there are 2 options – bring the firearm into compliance or sell the firearm out of state (according to applicable laws)

• Work with Constitutional Chemicals for compliance
  • There may be a path towards compliance depending on the firearm
  • Upon request, Constitutional Chemicals may produce a quote for work to be conducted in order to bring the firearm into compliance
• Sell the firearm out of state
  • If the firearm is restricted in New York, but compliant in another state within the USA, the item shipped to another FFL outside of New York state to complete the sale
  • Constitutional Chemicals will also ship to another FFL inside of New York state as long as the correct paperwork is exchanged
• Constitutional Chemicals Sale Online
  • The receiver can enter into a Consignment Agreement with Constitutional Chemicals
  • Read the Consignment Agreement <here>

Magazines Constitutional Chemicals will, under no circumstances, release magazines that hold more than 10 rounds of ammunition to the general public (law enforcement / government agencies excluded).  If your firearm includes magazines that hold more than 10 rounds of ammunition, then:

• You may sell them to Constitutional Chemicals for $10.00/each (can be put towards a 10 round magazine)
• They may be sold and shipped to a state where the magazines are legal (finding a buyer and the shipping costs are the responsibility of the original receiver). 
• The magazines will remain at Constitutional Chemicals until they are sold and shipped
• If, after 6 months, the magazines are not sold, they will become property of Constitutional Chemicals

NY NICS Denial:

If for any reason Constitutional Chemicals is unable to complete of a firearm or ammunition, the receiver has two options

Option 1: sell the firearm/ammunition to Constitutional Chemicals for a negotiated price

Option 2: enter a consignment agreement with Constitutional Chemicals for resale of the firearm/ammunition

Uncollected Shipments:

If, for any reason, a firearm or ammunition is not collected after 6 months of receipt it will become property of Constitutional Chemicals at which point Constitutional Chemicals may resell the merchandise for fair market value.  20% of the total revenue generated from the sale (less fees and operation costs) will be owed to the original buyer

Straw Purchases

What is it?

Purchasing a gun for someone who is prohibited by law from possessing one, or for someone who does not want his or her name associated with the transaction, is a “straw purchase,” a Federal crime punishable by up to 10 years in prison and a fine of up to $250,000.

Straw Purchases are against federal and New York state law and will not be tolerated.  Suspicion of Straw Purchase will be denied purchase of a firearm and/or ammunition and be reported to the ATF and New York State Police

More information regarding Straw Purchases: https://www.atf.gov/firearms/dont-lie-other-guy

For all correspondence regarding firearm transfers, email Constitutional Chemicals at [email protected]