 |
Posted: 7/3/2009 10:02:06 PM
Should remake this thread with everything said into one post
|
|
|
|
|
Posted: 7/7/2009 12:00:44 AM
Wow...Excellent job Thirsty...I knew most of what you presented but there were some items that I wasn't clear on...
I should have checked out the Hometown tab earlier...I never knew it was here...I'll be back. |
|
|
|
|
Posted: 7/7/2009 6:02:24 PM
Originally Posted By thirsty:
Originally Posted By david05111:
Alright BUMP because these laws are BS. I'm a non-primary NY resident. So let me get this straight...if you have a rifle manufactured prior to 1994, it can have all the goodies on it? (Flash supressor/threaded barrel, ability to accept high cap mags, bayonet lug, pistol grip, folding stock) So, hypothetically, (I'm sure this has been brought up before, I just haven't read it), since the lower is basically the only part of the weapon that has to be registered and has the serial number on it, couldn't you take a newly-manufactured weapon, slap a pre-ban lower on it, and it would be grandfathered in? Forgive my noobness, I'm probably totally wrong Yes. Except the ability to accept detachable magazines is not an "evil" feature. And all rifles can use pre-ban high-capacity magazines regardless of whether the rifles/pistols are pre- or post-ban. Rifles/lowers are not registered. If you change lowers, you have an entirely different rifle. A pre-ban lower builds into a pre-ban rifle. So I could take a pre-ban lower, slap it on my 6940, and I would be ok to have it in New York? |
|
|
|
thirsty
Stay thirsty, my friends
Team Member
Joined: Feb 2006  NY, USA
 Posts: 4139 Feedback: 100% (22) Link To This Post |
Posted: 7/8/2009 9:09:35 AM
Originally Posted By david05111: So I could take a pre-ban lower, slap it on my 6940, and I would be ok to have it in New York? Yes. A pre-ban lower is exempt from NYS law. Any kind of component can be added to a pre-ban lower short of violating federal law. |
|
|
|
Posted: 7/8/2009 11:45:35 AM
Originally Posted By thirsty:
Originally Posted By david05111:
So I could take a pre-ban lower, slap it on my 6940, and I would be ok to have it in New York? Yes. A pre-ban lower is exempt from NYS law. Any kind of component can be added to a pre-ban lower short of violating federal law. Wow,,,amazing! I've been wanting to take it up there for a long time. Well, I'm off to find a compatible pre-ban lower... |
|
|
|
thirsty
Stay thirsty, my friends
Team Member
Joined: Feb 2006 NY, USA
Posts: 4141 Feedback: 100% (22) Link To This Post |
Posted: 7/8/2009 1:32:43 PM
Originally Posted By david05111: Wow,,,amazing! I've been wanting to take it up there for a long time. Well, I'm off to find a compatible pre-ban lower... Be prepared to pay a premium. Most pre-ban lowers are going for more than $400. |
|
|
|
Posted: 7/8/2009 2:44:56 PM
Originally Posted By thirsty:
Originally Posted By david05111:
Wow,,,amazing! I've been wanting to take it up there for a long time. Well, I'm off to find a compatible pre-ban lower... Be prepared to pay a premium. Most pre-ban lowers are going for more than $400. Yikes, well I guess I'll get one eventually |
|
|
|
|
Posted: 7/16/2009 5:42:29 PM
Wait so if I have a preban AR and am from CT but i want to shoot in NYS i need preban mags too? to shoot say 20 or 30 round mags?
|
|
|
|
thirsty
Stay thirsty, my friends
Team Member
Joined: Feb 2006 NY, USA
Posts: 4147 Feedback: 100% (22) Link To This Post |
Posted: 7/17/2009 9:18:52 AM
Originally Posted By Tyler259: Wait so if I have a preban AR and am from CT but i want to shoot in NYS i need preban mags too? to shoot say 20 or 30 round mags? Yes. Mags are regulated separately but use the same dates for pre-ban status. Large-capacity (> 10 rounds) have to be pre-ban to be used legally in this state, but you can use pre-ban mags in any pre- or post-ban rifle or pistol. |
|
|
JusAdBellum
Member
Team Member
Joined: Apr 2005 MI, USA
Posts: 4736 Feedback: 0% (0) Link To This Post |
Posted: 8/25/2009 6:33:49 PM
Uh, OK, so would a KT sub 2000 with a permanently attached stock extension (making it 30.5 inches over all length) be considered a rifle or a pistol for the purpose of NY law?
In Michigan, it's considered a rifle. (barrel is 16.1 inches long, comes from factory at 29.5 so would be a pistol, but for the permanent extension, magically making it a rifle...) |
|
|
|
rkbar15
Team Member
Team Member
Joined: Jan 2001 USA
Posts: 17388 Feedback: 0% (0) Link To This Post |
Posted: 8/25/2009 6:51:26 PM
Originally Posted By JusAdBellum: Uh, OK, so would a KT sub 2000 with a permanently attached stock extension (making it 30.5 inches over all length) be considered a rifle or a pistol for the purpose of NY law? NY follows federal law. The minimum OAL for a rifle (16" barrel) or shotgun (18" barrel) in NYS is 26". |
|
|
|
|
Posted: 9/30/2009 11:15:52 PM
ok I'm sorry Thirsty I don't mean to piss you off by asking a redundant question but what is the exact reason that a stag model 2 or a bushmaster xm-15 doesn't count as an ar-15? I read a section in the penal code that said "any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (All Models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (Sc-70); (iv) Colt Ar-15...." the list goes on and trust me I want an ar-15 in fact I'm about 100 bucks away from buying a stag model 2 off a friend of mine i just want to know why exactly the stag model 2 I buy wouldnt count as an ar-15 or a "copy or duplicate". I am friends with a cop who assures me that if I buy a stag model 2 that it would be legal but nobody seems to know exactly why.
Sorry for a reocurring question thirsty truly I am but its been bothering me lately so I figured I'd go to the best experts on ar-15s that I know. |
|
|
|
thirsty
Stay thirsty, my friends
Team Member
Joined: Feb 2006 NY, USA
Posts: 4204 Feedback: 100% (22) Link To This Post |
Posted: 10/1/2009 8:47:58 AM
Originally Posted By JohnDoe1990:
ok I'm sorry Thirsty I don't mean to piss you off by asking a redundant question but what is the exact reason that a stag model 2 or a bushmaster xm-15 doesn't count as an ar-15? I read a section in the penal code that said "any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (All Models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (Sc-70); (iv) Colt Ar-15...." the list goes on and trust me I want an ar-15 in fact I'm about 100 bucks away from buying a stag model 2 off a friend of mine i just want to know why exactly the stag model 2 I buy wouldnt count as an ar-15 or a "copy or duplicate". I am friends with a cop who assures me that if I buy a stag model 2 that it would be legal but nobody seems to know exactly why. Sorry for a reocurring question thirsty truly I am but its been bothering me lately so I figured I'd go to the best experts on ar-15s that I know. No worries. The simple answer is because the receiver doesn't say "Colt AR-15" on it. It isn't considered a copy or duplicate without that Colt rollmark. Your Stag is legal post-ban despite being nearly identical in shape and function to the Colt due primarily to manufacturer markings. That's really all there is to it. Furthermore, if you have a pre-Sept. 14th, 1994 Colt lower with AR-15 markings, it is perfectly legal as well because pre-bans are exempt from the AWB. Get that Stag built, stay within the law, and have fun. |
|
|
|
Posted: 10/2/2009 2:43:33 AM
ok thanks thirsty I appreciate it sorry for a redundant post
 |
|
|
|
rkbar15
Team Member
Team Member
Joined: Jan 2001 USA
Posts: 17647 Feedback: 0% (0) Link To This Post |
Posted: 10/2/2009 9:00:15 AM
The "copies or duplicates" language dates back to the '94 Federal AWB and the ATF ruled (sort of) that postban configured rifles/pistols/shotguns were not assault weapons under federal law.
The NJ AWB which is more restrictive then NY's ban acknowledges that a COLT MT is not "substantially identical" to AR-15 series rifles. http://www.state.nj.us/njsp/about/fire_ag1.html The Colt Match Target Rifle, based on the manufacturer’s specifications, is a new line of rifles and is not part of the AR-15 series, and thus, is not prohibited under N.J.S.A.2 C: 39-1w(1). Although this new rifle, may resemble the Colt AR-15, there have been substantial changes to the firearm, including the receiver which is not identical to an AR-15 receiver. In addition, because of changes in the configuration of the firearm, the Colt Match Target Rifle is not substantially identical to a prohibited firearm and prohibited under this classification. |
|
|
|
DMR
Pro Patria, Inc.
Team Member
Joined: Feb 2007 NY, USA
Posts: 1015 Feedback: 100% (6) Link To This Post |
Posted: 11/11/2009 10:05:40 PM
How about the new AUG A3's? AUGS are on the buy name list, but these are also stamped Saber
 |
|
|
|
Posted: 2/24/2010 9:52:17 PM
forgive me for my ignorance but I have a quick question, if I am planning a hunting trip for upstate NY, is it illegal to use mr AR15 if I only have a five round magazine capacity?
|
|
|
|
|
Posted: 2/24/2010 9:58:08 PM
Originally Posted By TheBosch:
forgive me for my ignorance but I have a quick question, if I am planning a hunting trip for upstate NY, is it illegal to use mr AR15 if I only have a five round magazine capacity? At least as long as it is not made by Colt or post 1994? Is that correct? |
|
|
|
thirsty
Stay thirsty, my friends
Team Member
Joined: Feb 2006 NY, USA
Posts: 4508 Feedback: 100% (22) Link To This Post |
Posted: 2/25/2010 10:42:19 AM
Originally Posted By TheBosch:
Originally Posted By TheBosch:
forgive me for my ignorance but I have a quick question, if I am planning a hunting trip for upstate NY, is it illegal to use mr AR15 if I only have a five round magazine capacity? At least as long as it is not made by Colt or post 1994? Is that correct? If it has evil features (FH, bayo lug, collapsing/folding stock, threaded barrel, grenade launcher), the lower receiver has to have been made before Sept. 14th 1994, aka pre-ban. Colt lowers are ok as long as they aren't made after Sept, 14 1994 (post-ban) and aren't marked "Colt AR-15" if they are post-ban. Also note many counties in NY don't allow rifle hunting, but I think this depends on your quarry and what animal is in season. |
|
|
PattyOSullivan
Big whoop wanna fight about it?
Team Member
Joined: Apr 2006 NY, USA
Posts: 2441 Feedback: 100% (37) Link To This Post |
Posted: 3/4/2010 2:21:32 PM
Can we work in a 922(r) edit?
There have been some recent threads talking about switching components on older imports. |
|
|
Adirondack1
Member
Team Member
Joined: Oct 2001 NY, USA
Posts: 2158 Feedback: 100% (3) Link To This Post |
Posted: 3/5/2010 6:23:39 AM
[Last Edit: 3/5/2010 6:26:18 AM by Adirondack1]
Originally Posted By TheBosch:
Originally Posted By TheBosch:
forgive me for my ignorance but I have a quick question, if I am planning a hunting trip for upstate NY, is it illegal to use mr AR15 if I only have a five round magazine capacity? At least as long as it is not made by Colt or post 1994? Is that correct? ANY manufacturer after the 94 cutoff date has to be in postban configuration, not just colt. Yes you need a magazine blocked so that it can not hold more than 5 rounds both in the gun and on your person while hunting. Also, related to bringing a gun and mags into the state.......any "normal capacity magazine...I say this because the antis use the term high capacity magazine" manufactured before 94 is OK to have in the state. Any magazine with a capacity of more than 10 rounds manufactured AFTER 94 is a big no no also! There are plenty of counties that allow big game rifle hunting, but check the DEC website for the area you intend to hunt infirst. Statewide you can hunt coyotes and other predators with your AR. |
|
|
|
|
Posted: 4/18/2010 7:43:30 PM
One question ive always been clueless on is loaded mags with a rifle in a vehicle. Say the loaded mags were in a rifle case's outside mag pouches, and inside was the rifle itself, empty without a mag in it, and in my trunk. Is that legal? or are loaded mags not even acceptable in a vehicle?
|
|
|
|
|
Posted: 5/10/2010 6:42:13 PM
Originally Posted By PattyOSullivan:
Can we work in a 922(r) edit? There have been some recent threads talking about switching components on older imports. +1 please! |
|
|
|
thirsty
Stay thirsty, my friends
Team Member
Joined: Feb 2006 NY, USA
Posts: 4655 Feedback: 100% (22) Link To This Post |
Posted: 5/11/2010 9:06:05 AM
[Last Edit: 5/11/2010 9:07:30 AM by thirsty]
Originally Posted By tokarz1: Originally Posted By PattyOSullivan: Can we work in a 922(r) edit? There have been some recent threads talking about switching components on older imports. +1 please! 922(r) and other import rules are on the Federal level; they are not specific to NY and AFAIK NYS has no special laws or rules regarding imported firearms. I'd like to keep this thread specific to NY Rules & Regs. That said, I'm well versed in 922(r) as it is written. I enjoy assembling AK kits as a hobby. IM me any questions you have and I'll do my best to answer them. |
|
|
tc556guy
Member
Team Member
Joined: Dec 2004 NY, USA
Posts: 23566 Feedback: 100% (1) Link To This Post |
Posted: 5/20/2010 12:12:35 AM
Thanks for that. I'll be saving it and printing out a hard copy.
|
|
