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OEFINGER v. STATE POLICE

146 A.D.2d 186 (1989)

Douglas L. Oefinger, Doing Business as D.L.O. Imports of New York, Appellant, v. New York State Police et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 20, 1989.

Attorney(s) appearing for the Case

Walsh Maroney & Ponzini (Marianne Stecich and Brian D. Murphy of counsel), for appellant.

Robert Abrams, Attorney-General (John Q. Driscoll and Nancy A. Spiegel of counsel), for respondents.

WEISS, MIKOLL, LEVINE and HARVEY, JJ., concur.

CASEY, J. P.

In September 1987 plaintiff, a licensed gunsmith and dealer in firearms, applied to the United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms (hereinafter BATF) for permission to transfer two machine guns and a firearm silencer to persons who could lawfully possess them in New York. BATF's request for an opinion on the propriety of that application from the New York Attorney...

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