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Posted: 3/28/2015 12:03:10 PM EDT
Had a guy who was wanting an upper from me, it just occured to me that sending him an upper could be illegal?  

Is it kind of like the federal AWB that sunset in '04 to where it would be legal for him to buy/possess the upper if he has a "pre-ban" lower??

I guess I will just assume he has a preban lower being that he hasn't told me otherwise.

In any event, the crime is possession right?
Link Posted: 3/28/2015 12:21:42 PM EDT
[#1]
The last statement is correct.

Pre ban no longer exists in NY.

My guess is a fixed mag pistol build - which is G2G depending on your issuing county.
Link Posted: 3/28/2015 12:33:13 PM EDT
[#2]
If you need more info there's a good sticky. However I strongly encourage you to reference the second amendment.
Link Posted: 3/28/2015 1:15:31 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The last statement is correct.

Pre ban no longer exists in NY.

My guess is a fixed mag pistol build - which is G2G depending on your issuing county.
View Quote


so you are saying that a guy cannot possess a "preban" configured AR w/ threaded muzzle unless it is a fixed mag or manual operated or something, even if it was a complete rifle or pistol from before 1994?
Link Posted: 3/28/2015 1:34:09 PM EDT
[#4]
Your GTG. Ship away.
Link Posted: 3/28/2015 1:41:34 PM EDT
[#5]
can i ship a 10 rd magazine I have left over form the ban years?  I thik it is from like 2002.
Link Posted: 3/28/2015 1:42:59 PM EDT
[#6]
Preban does still exist in NY, but it's only for guns, not mags, and to gain the benefit of that status, they had to be registered already by now unless they're more than 50 years old. Because of the SAFE act, the popularity of fixed mag AR pistols is rising so it's probably what your customer is doing. Either way, unless it's to NYC, I can't see a reason not to ship it.
Link Posted: 3/28/2015 1:43:52 PM EDT
[#7]
All 10 round mags are fine. Nothing over that capacity though, independent of the year of manufacture.
Link Posted: 3/28/2015 1:59:55 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you need more info there's a good sticky. However I strongly encourage you to reference the second amendment.
View Quote


I think that's a good idea. Just tell people yes due to the 2nd
Link Posted: 3/28/2015 2:29:13 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Preban does still exist in NY, but it's only for guns, not mags, and to gain the benefit of that status, they had to be registered already by now unless they're more than 50 years old. Because of the SAFE act, the popularity of fixed mag AR pistols is rising so it's probably what your customer is doing. Either way, unless it's to NYC, I can't see a reason not to ship it.
View Quote



yeah, okay, thanks guys.  So long as there is a way that he can possibly licitly possess it and he doesn't tell me he is planning on doing something illegal I am good.  Beyond that whatever he does is his business.
Link Posted: 3/28/2015 2:29:57 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
All 10 round mags are fine. Nothing over that capacity though, independent of the year of manufacture.
View Quote


Okay.  I knew there was a reason I was keeping that tarded mag around all these years

Just as a curiosity, if you all do a fixed mag build, is it still limited to 10 rds?
Link Posted: 3/28/2015 2:30:47 PM EDT
[#11]
Bingo, its just an upper which is nothing but some metal and plastic.

I would assume he is making tactical Christmas trees or lamps from uppers.
Link Posted: 3/28/2015 3:21:17 PM EDT
[#12]

Discussion ForumsJump to Quoted PostQuote History
Quoted:



Just as a curiosity, if you all do a fixed mag build, is it still limited to 10 rds?
View Quote


Yes.



 
Link Posted: 3/28/2015 7:21:09 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Bingo, its just an upper which is nothing but some metal and plastic.

I would assume he is making tactical Christmas trees or lamps from uppers.
View Quote


A really heavy smoothie straw
Link Posted: 3/28/2015 7:32:12 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


A really heavy smoothie straw
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Bingo, its just an upper which is nothing but some metal and plastic.

I would assume he is making tactical Christmas trees or lamps from uppers.


A really heavy smoothie straw


how do you clean the strawberry seeds out of the gas tube?
Link Posted: 3/28/2015 8:33:40 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


how do you clean the strawberry seeds out of the gas tube?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Bingo, its just an upper which is nothing but some metal and plastic.

I would assume he is making tactical Christmas trees or lamps from uppers.


A really heavy smoothie straw


how do you clean the strawberry seeds out of the gas tube?


Damn son. That's deep
Link Posted: 3/29/2015 7:20:28 AM EDT
[#16]
Yup, Shipping is fine on the upper and 10 rd. magazine!!!  

Don't forget the hammer spring!!!!  
Link Posted: 3/29/2015 8:28:07 PM EDT
[#17]
The ten round magazine is good-to-go.
The SBR/Pistol Upper itself is just "parts" and perhaps that's all it's wanted for. It IS NOT restricted from ownership, or Possession by either NYS or BATFE, HOWEVER "constructive intent" could be charged IF he was arrested with it and the lower, it's subjective, but unless the man is right up in your shit for being a dumb-fuck, then it's not likely to be an issue.  I'm certain there are legal MSR platform Pistols still on Licenses here, perhaps the buyer is looking for a replacement? or maybe another caliber, barrel he can do whatever with etc., point is it doesn't matter. Selling and shipping that upper to NY isn't your problem.  
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