User Panel
Posted: 1/20/2015 6:03:06 PM EDT
So there is a letter waiting for me from the NYPD...It should be from Director Prasso regarding the legality of the Ares SCR in NYC.
It is 100% legal, but let's see what bullshit logic he made up to say it is banned. Will update tonight! |
|
If someone will fund my law degree in constitutional law, 4 years from now I will sue the fuck out of NY pro bono.
|
|
Quoted:
If someone will fund my law degree in constitutional law, 4 years from now I will sue the fuck out of NY pro bono. View Quote Good Luck you would lose the deck is already stacked against you. Unless you have the clout like POS sharpton or someone like that can rally the natives to riot in-front the court house. Its a lost cause before you even start. |
|
|
They went through this on another ny firearms forum. The letter stated that the Ares SCR was being denied registration because it had a barrel shroud. I assume they were looking at the Magpul handguard.
|
|
|
Quoted:
<a href="http://s877.photobucket.com/user/davepont3/media/20150120_183836_zpskq7eicnj.jpg.html" target="_blank">http://i877.photobucket.com/albums/ab336/davepont3/20150120_183836_zpskq7eicnj.jpg</a> So I will be calling Ares tomorrow so they can refute the idea that it is an ar15 receiver. If that's all they got...they are about to lose. View Quote Holeefuq. That letter. |
|
Careful. It is built on an AR-15 UPPER receiver.
I suggest you attempt tom get in touch with them and seek clarification. While an upper by itself is NOT a firearm, and is NOT illegal, the way the letter is worded they could be upheld in Court. Very clever of them. It begs the question, could you register an ARES SCR LOWER ONLY? Because that is NOT an AR-15 receiver, and you can prove that. Of course you could never mount an upper on it |
|
You also might want to try to reach out to Det Novins and very gently, without arguing, ask what he based his conclusions on.
AFAIK there is NOT ONE AR-15 part that will interchange with the SCR lower, except possibly for the mag catch. The trigger, stock attachment, bolt hold open are ALL different. So it would be hard to call the lower an AR-15 when not even one part can interchange. That Detective may work in the ballistics section. That would be the place to start looking. At the very least, if you want to go forward legally, you need to find out what they used as a basis for that statement. |
|
Quoted:
Careful. It is built on an AR-15 UPPER receiver. View Quote Yes and no. The ARES upper receiver has no dust cover or forward assist and will not function with an AR-15 bolt carrier group on the SCR. Nor will an AR-15 function with an SCR bcg. This will be interesting. Go Dave go! |
|
Quoted:
Yes and no. The ARES upper receiver has no dust cover or forward assist and will not function with an AR-15 bolt carrier group on the SCR. Nor will an AR-15 function with an SCR bcg. This will be interesting. Go Dave go! View Quote View All Quotes View All Quotes Quoted:
Quoted:
Careful. It is built on an AR-15 UPPER receiver. Yes and no. The ARES upper receiver has no dust cover or forward assist and will not function with an AR-15 bolt carrier group on the SCR. Nor will an AR-15 function with an SCR bcg. This will be interesting. Go Dave go! It is still an AR15 upper, and any AR upper will work. |
|
Quoted:
It is still an AR15 upper, and any AR upper will work. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Careful. It is built on an AR-15 UPPER receiver. Yes and no. The ARES upper receiver has no dust cover or forward assist and will not function with an AR-15 bolt carrier group on the SCR. Nor will an AR-15 function with an SCR bcg. This will be interesting. Go Dave go! It is still an AR15 upper, and any AR upper will work. Good thing nyc law doesn't ban uppers. It is just a part. And as is it wouldn't work in an ar15 lower without different bolts and bcgs. The upper alone is not an ar15 and not an AW. plus ar15s haven't been made in decades...unless colt or Armalite are still making that model. |
|
Quoted:
Good thing nyc law doesn't ban uppers. It is just a part. And as is it wouldn't work in an ar15 lower without different bolts and bcgs. The upper alone is not an ar15 and not an AW. plus ar15s haven't been made in decades...unless colt or Armalite are still making that model. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Quoted:
Careful. It is built on an AR-15 UPPER receiver. Yes and no. The ARES upper receiver has no dust cover or forward assist and will not function with an AR-15 bolt carrier group on the SCR. Nor will an AR-15 function with an SCR bcg. This will be interesting. Go Dave go! It is still an AR15 upper, and any AR upper will work. Good thing nyc law doesn't ban uppers. It is just a part. And as is it wouldn't work in an ar15 lower without different bolts and bcgs. The upper alone is not an ar15 and not an AW. plus ar15s haven't been made in decades...unless colt or Armalite are still making that model. I agree that an upper is not a firearm. But I think that is what they will hang their hat on. What you KNOW does not matter. Do you really think that Det researched the gun and came to that conclusion? He was told what to write down so they would be covered. |
|
I applaud you effort Dave, unfortunately I think the deck is stacked against us. See number 7 below. Basically, they way they wrote it, allows that to ban anything they want as far as I can see. I agree that the ar15 excuse is a joke and just wrong, but they might just give the "because we say so response" KEEP TRYING!
THE FOLLOWING IS THE DEFINITION OF AN ASSAULT WEAPON (a) Any semiautomatic centerfire or rimfire rifle or semiautomatic shotgun which has one or more of the following features: 1. Folding or telescoping stock or no stock. 2. Pistol grip that protrudes conspicuously beneath the action of the weapon. 3. Bayonet mount. 4. Flash Suppressor or threaded barrel designed to accommodate a flash suppressor. 5. Barrel Shroud. 6. Grenade launcher. 7. Modifications of such features, or other features determined by rule of the Police Commissioner to be particularly suitable for military and not sporting purposes. In addition, the Police Commissioner may, in such rules, designate specific semiautomatic centerfire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer’s name, as within the definition of assault weapon, if the Police Commissioner determines that such weapons are particularly suitable for military and not sporting purposes. (b) Any shotguns with a revolving cylinder magazine. (c) Any part, or combination of parts, designed or intended to readily convert a rifle or shotgun into an assault weapon. |
|
Quoted:
I applaud you effort Dave, unfortunately I think the deck is stacked against us. See number 7 below. Basically, they way they wrote it, allows that to ban anything they want as far as I can see. I agree that the ar15 excuse is a joke and just wrong, but they might just give the "because we say so response" KEEP TRYING! THE FOLLOWING IS THE DEFINITION OF AN ASSAULT WEAPON (a) Any semiautomatic centerfire or rimfire rifle or semiautomatic shotgun which has one or more of the following features: 1. Folding or telescoping stock or no stock. 2. Pistol grip that protrudes conspicuously beneath the action of the weapon. 3. Bayonet mount. 4. Flash Suppressor or threaded barrel designed to accommodate a flash suppressor. 5. Barrel Shroud. 6. Grenade launcher. 7. Modifications of such features, or other features determined by rule of the Police Commissioner to be particularly suitable for military and not sporting purposes. In addition, the Police Commissioner may, in such rules, designate specific semiautomatic centerfire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer’s name, as within the definition of assault weapon, if the Police Commissioner determines that such weapons are particularly suitable for military and not sporting purposes. (b) Any shotguns with a revolving cylinder magazine. (c) Any part, or combination of parts, designed or intended to readily convert a rifle or shotgun into an assault weapon. View Quote That letter defies logic. It just tells me it's pointless to even try and debate the issue when you have a person saying it's "suitable for the military". You can say that about ANY WEAPON. You can't fight this. This isn't justice, it's tyranny. Plain and simple. I would write a letter back saying. Mr. Prasso, You and your colleague are stupid cunts. |
|
Government employees will always tend to answer "no" to any request or anything that requires thought or effort, thereby winning by default.
One MUST doggedly hold on to, and bite every glad hand that tells you they'll look into it, but feel certain the are in the right. We must make those employed in OUR service to hold to proper standards. |
|
http://www.budsgunshop.com/catalog/product_info.php/cPath/36_582/products_id/95069/FN+3108929262+FNAR+CMP+308+DBM+20+10
The same turd will probably still send you a letter staying no, free dental and all that.
|
|
I'd just not bother anymore with this. Either we win the AWB appeal (should have a ruling in the next month or so) or we don't and it's another 20 years until it gets even worse. You're not gaining much by wasting your time here.
|
|
Keep up the good fight.
Good luck with getting in touch with ARES. I have two phone calls and two emails into them, awaiting some type of reply, about an order of SCRs. It's only been about 3 weeks now! |
|
If you're going to challenge them the issues would seem to be they don't know/understand the diffrence in regulation between an upper and a lower.
How many times has someone questioned the legality of sending/selling a upper receiver to/in NY I would suggest Sgt. Sherman from NYSP be invited into the conversation. |
|
From experience, Sgt. Sherman will only talk on the phone. They'll never do email or letters. They don't want to go on the record for anything.
|
|
So number 7 is just a nice way of saying we do whatever we want.
|
|
OK Spoke with Detective Novins...he admits he doesn't know enough to determine that the SCR is NOT an AR-15...which is strange, since the letter specifically says he DID determine it is an AR-15...
Anyway, he says if I can get a letter from Ares saying that it is not an AR-15, then he will run it up to the next level. If it functions totally different from an AR-15, it is NOT an AR-15...even if it LOOKS like one, or has SOME similar parts... I called Ares and they have my email, and a copy of the NYPD letter...but who knows if they will help us out...Delaine, the Ares sales person, says they are looking into it...but she isn't sure they will be able to help. Fingers crossed. |
|
Quoted:
OK Spoke with Detective Novins...he admits he doesn't know enough to determine that the SCR is NOT an AR-15...which is strange, since the letter specifically says he DID determine it is an AR-15... Anyway, he says if I can get a letter from Ares saying that it is not an AR-15, then he will run it up to the next level. If it functions totally different from an AR-15, it is NOT an AR-15...even if it LOOKS like one, or has SOME similar parts... I called Ares and they have my email, and a copy of the NYPD letter...but who knows if they will help us out...Delaine, the Ares sales person, says they are looking into it...but she isn't sure they will be able to help. Fingers crossed. View Quote Dave, in honor of your pitbull-like tenacity in the face of overwhelming adversity, I give you a gold star. |
|
Ha. Thanks.
I mean, I'd be happy if they admitted it was legal in NYC...but then changed the laws officially to ban the SCR by name... At least make them do the most amount of work possible to ban a gun... Still crazy that the the NYPD commissioner can arbitrarily determine a gun is illegal based on a whim...it can't be constitutional...but when did that matter to them? I think we need a lawsuit challenging their "law" allowing them to arbitrarily determine what guns they want to ban, based on no actual standard. |
|
Quoted:
OK Spoke with Detective Novins...he admits he doesn't know enough to determine that the SCR is NOT an AR-15...which is strange, since the letter specifically says he DID determine it is an AR-15... Anyway, he says if I can get a letter from Ares saying that it is not an AR-15, then he will run it up to the next level. If it functions totally different from an AR-15, it is NOT an AR-15...even if it LOOKS like one, or has SOME similar parts... I called Ares and they have my email, and a copy of the NYPD letter...but who knows if they will help us out...Delaine, the Ares sales person, says they are looking into it...but she isn't sure they will be able to help. Fingers crossed. View Quote ARES Defense has been promoting the SCR as a featureless rifle that is legal everywhere in the U.S. If they want to continue to do so it would certainly be in their best interests to back you up in your efforts to get the SCR approved in NYC. |
|
We need a plaintiff with deep pockets and standing.
And a pro-2A attorney willing to go up against the machine. And it probably still wouldn't matter. Look at DC and the SCOTUS cases, still no real change in the practical day-to-day effects on Joe Citizen. It's one of my powerball fantasies to bring that kind of action against NYC. EDIT: And I wasn't kidding about the gold star. Log out, log in. |
|
Quoted:
ARES Defense has been promoting the SCR as a featureless rifle that is legal everywhere in the U.S. If they want to continue to do so it would certainly be in their best interests to back you up in your efforts to get the SCR approved in NYC. View Quote View All Quotes View All Quotes Quoted:
Quoted:
OK Spoke with Detective Novins...he admits he doesn't know enough to determine that the SCR is NOT an AR-15...which is strange, since the letter specifically says he DID determine it is an AR-15... Anyway, he says if I can get a letter from Ares saying that it is not an AR-15, then he will run it up to the next level. If it functions totally different from an AR-15, it is NOT an AR-15...even if it LOOKS like one, or has SOME similar parts... I called Ares and they have my email, and a copy of the NYPD letter...but who knows if they will help us out...Delaine, the Ares sales person, says they are looking into it...but she isn't sure they will be able to help. Fingers crossed. ARES Defense has been promoting the SCR as a featureless rifle that is legal everywhere in the U.S. If they want to continue to do so it would certainly be in their best interests to back you up in your efforts to get the SCR approved in NYC. Bingo. ARES better get their act together. If NYC says the SCR "IS an AR15" then that will inevitably come up somewhere else that will bite us (and their sales) in the back side. |
|
Quoted:
We need a plaintiff with deep pockets and standing. And a pro-2A attorney willing to go up against the machine. And it probably still wouldn't matter. Look at DC and the SCOTUS cases, still no real change in the practical day-to-day effects on Joe Citizen. It's one of my powerball fantasies to bring that kind of action against NYC. EDIT: And I wasn't kidding about the gold star. Log out, log in. View Quote Oh man...you did not have to do that! Thanks for the membership! Now I really gotta see this to the end! I have paying clients now. Ha. |
|
NYC simply can not call any gun they want an "AR-15"
What is the definition of an AR-15 anyway?? If it has different measurements, different internal parts, a totally different internal functioning system, a totally different internal upper receiver/BCG functioning system, no pistol grip area etc...how can it be an AR-15? Any semi auto gun that is black in color and takes Nato 5.56mm mags? No way. Lots of guns take 5.56mm nato mags that aren't AR-15s... They in no way can say this gun is banned by name...until they actually ban it by name... |
|
|
Quoted:
NYC simply can not call any gun they want an "AR-15" What is the definition of an AR-15 anyway?? If it has different measurements, different internal parts, a totally different internal functioning system, a totally different internal upper receiver/BCG functioning system, no pistol grip area etc...how can it be an AR-15? Any semi auto gun that is black in color and takes Nato 5.56mm mags? No way. Lots of guns take 5.56mm nato mags that aren't AR-15s... They in no way can say this gun is banned by name...until they actually ban it by name... View Quote Is the Mini 14 GTG in NYC provided you have the right mags for it? From a basic function and feature standpoint the SCR isn't really any different. |
|
Yes the Ruger Mini14 is legal in NYC provided there is no flash hider, folding stock, and you have 5 rounders.
Why is the Mini 14 legal, but an SCR is not? Same exact features and even similar looking... |
|
Quoted:
NYC simply can not call any gun they want an "AR-15" What is the definition of an AR-15 anyway?? If it has different measurements, different internal parts, a totally different internal functioning system, a totally different internal upper receiver/BCG functioning system, no pistol grip area etc...how can it be an AR-15? Any semi auto gun that is black in color and takes Nato 5.56mm mags? No way. Lots of guns take 5.56mm nato mags that aren't AR-15s... They in no way can say this gun is banned by name...until they actually ban it by name... View Quote I suggest to you that there is not even one part in the SCR lower that is in any way interchangeable with an AR lower. Therefore, it is impossible to call it an AR. |
|
Worth noting that the NYPD makes a point to say the Det is a firearms instructor. That certification is to teach others to safely shoot weapons and appropriate tactics. This cert is not an armorers or forensic certification and really has nothing to back up that the indvidual is qualifed to determine the nature of the firearm in question (other than his department saying he can).
|
|
Quoted:
Worth noting that the NYPD makes a point to say the Det is a firearms instructor. That certification is to teach others to safely shoot weapons and appropriate tactics. This cert is not an armorers or forensic certification and really has nothing to back up that the indvidual is qualifed to determine the nature of the firearm in question (other than his department saying he can). View Quote Yes, and Detective Novins admitted that to me on the phone actually, saying he wasn't qualified to determine this. He said that if I get a letter from Ares, the manufacturer, saying that it is not an AR-15, then he will fast track the process to the actual FFL/armorers/experts in the NYPD... Not sure why they didn't do that in the first place...even an idiot FFL/armorer would be able to tell you that the Ares SCR is not an AR-15. At all. |
|
Quoted:
I suggest to you that there is not even one part in the SCR lower that is in any way interchangeable with an AR lower. Therefore, it is impossible to call it an AR. View Quote View All Quotes View All Quotes Quoted:
Quoted:
NYC simply can not call any gun they want an "AR-15" What is the definition of an AR-15 anyway?? If it has different measurements, different internal parts, a totally different internal functioning system, a totally different internal upper receiver/BCG functioning system, no pistol grip area etc...how can it be an AR-15? Any semi auto gun that is black in color and takes Nato 5.56mm mags? No way. Lots of guns take 5.56mm nato mags that aren't AR-15s... They in no way can say this gun is banned by name...until they actually ban it by name... I suggest to you that there is not even one part in the SCR lower that is in any way interchangeable with an AR lower. Therefore, it is impossible to call it an AR. Absolutely. Hopefully Ares can help us out here...it would be a simple letter/email... |
|
Quoted:
Yes, and Detective Novins admitted that to me on the phone actually, saying he wasn't qualified to determine this. He said that if I get a letter from Ares, the manufacturer, saying that it is not an AR-15, then he will fast track the process to the actual FFL/armorers/experts in the NYPD... Not sure why they didn't do that in the first place...even an idiot FFL/armorer would be able to tell you that the Ares SCR is not an AR-15. At all. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Worth noting that the NYPD makes a point to say the Det is a firearms instructor. That certification is to teach others to safely shoot weapons and appropriate tactics. This cert is not an armorers or forensic certification and really has nothing to back up that the indvidual is qualifed to determine the nature of the firearm in question (other than his department saying he can). Yes, and Detective Novins admitted that to me on the phone actually, saying he wasn't qualified to determine this. He said that if I get a letter from Ares, the manufacturer, saying that it is not an AR-15, then he will fast track the process to the actual FFL/armorers/experts in the NYPD... Not sure why they didn't do that in the first place...even an idiot FFL/armorer would be able to tell you that the Ares SCR is not an AR-15. At all. Try to shut you down quick. |
|
Quoted: Yes, and Detective Novins admitted that to me on the phone actually, saying he wasn't qualified to determine this. He said that if I get a letter from Ares, the manufacturer, saying that it is not an AR-15, then he will fast track the process to the actual FFL/armorers/experts in the NYPD... Not sure why they didn't do that in the first place...even an idiot FFL/armorer would be able to tell you that the Ares SCR is not an AR-15. At all. View Quote View All Quotes View All Quotes Quoted: Quoted: Worth noting that the NYPD makes a point to say the Det is a firearms instructor. That certification is to teach others to safely shoot weapons and appropriate tactics. This cert is not an armorers or forensic certification and really has nothing to back up that the indvidual is qualifed to determine the nature of the firearm in question (other than his department saying he can). Yes, and Detective Novins admitted that to me on the phone actually, saying he wasn't qualified to determine this. He said that if I get a letter from Ares, the manufacturer, saying that it is not an AR-15, then he will fast track the process to the actual FFL/armorers/experts in the NYPD... Not sure why they didn't do that in the first place...even an idiot FFL/armorer would be able to tell you that the Ares SCR is not an AR-15. At all. Because they don't give a shit. He probably gives more thought to choosing which urinal to piss in than he does to your rights.
|
|
interested to see how this ends up..glad im not down there in that cesspool lol
|
|
Quoted: I applaud you effort Dave, unfortunately I think the deck is stacked against us. See number 7 below. Basically, they way they wrote it, allows that to ban anything they want as far as I can see. I agree that the ar15 excuse is a joke and just wrong, but they might just give the "because we say so response" KEEP TRYING! View Quote THE FOLLOWING IS THE DEFINITION OF AN ASSAULT WEAPON (a) Any semiautomatic centerfire or rimfire rifle or semiautomatic shotgun which has one or more of the following features: I've never seen a hoodrat shoot up someone's house with a 10/22 with a tapco stock. |
|
Quoted:
ARES Defense has been promoting the SCR as a featureless rifle that is legal everywhere in the U.S. If they want to continue to do so it would certainly be in their best interests to back you up in your efforts to get the SCR approved in NYC. View Quote My thoughts exactly. I wish you luck Dave, if it were to help to have many of us call Ares and nicely ask them to write this letter, let us know. Id gladly call even though i dont live in that shit hole/communist city. |
|
Quoted:
My thoughts exactly. I wish you luck Dave, if it were to help to have many of us call Ares and nicely ask them to write this letter, let us know. Id gladly call even though i dont live in that shit hole/communist city. View Quote View All Quotes View All Quotes Quoted:
Quoted:
ARES Defense has been promoting the SCR as a featureless rifle that is legal everywhere in the U.S. If they want to continue to do so it would certainly be in their best interests to back you up in your efforts to get the SCR approved in NYC. My thoughts exactly. I wish you luck Dave, if it were to help to have many of us call Ares and nicely ask them to write this letter, let us know. Id gladly call even though i dont live in that shit hole/communist city. It may come to that...I'm not sure ares gives a shit... |
|
Here is my suggestion:
Find out what national organization certifies "Firearms Examiners". All NYPD Ballistics Detectives are trained on the job, but they also get outside training, and I am betting there is some kind of a professional organization. I have known a number of Ballistics Detectives, and none of them were at all anti gun. Find their association, and solicit them to examine the SCR and issue an opinion. THAT opinion will carry a ton of weight with NYPD and their ballistics guys. |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.