I know a handful of you guys have the "idiots guide to understanding NYS AWB"  bookmarked -  Can someone please share some links?

I know all the basics, preban, folding stocks, etc -

I am looking for a short list of what is actually Banned on the list. I will be moving to Nasau County shortly -

Thanks -
Swank

Here it is in all its glory:

From the NYS DCJS press release:

ASSAULT WEAPONS BAN: Effective November 1, 2000

Since 1994, federal law has restricted the possession of assault weapons
and large capacity ammunition feeding devices. New York law, however, did
not specifically address the possession and sale of military-style weapons
or those with excessively large ammunition capacities. The provisions
contained in Chapter 189 mirror the current provisions of federal law by
defining and prohibiting activities related to a "semiautomatic assault
weapon" and a "large capacity ammunition feeding device".

The term "assault weapon" includes a designated list of federally barred
firearms, as well as semiautomatic rifles, shotguns or pistols that possess
at least two specified characteristics, such as a folding or telescoping
stock, a bayonet mount, a flash suppressor or a silencer. A specific list
of weapons manufactured on or before October 1, 1993, which are set forth
in federal law, are not banned. The term "large capacity ammunition feeding
device" means a magazine or similar device manufactured after September 13,
1994 which has the capacity to accept more than ten rounds of ammunition,
but does not include a tubular device which only accepts .22 caliber
ammunition.

The Penal Law will now include the possession of an assault weapon and the
possession of a large capacity ammunition feeding device within its
definition of the class D violent felony of criminal possession of a weapon
in the third degree. Thus, the law will now treat the illegal possession of
an unloaded assault weapon as seriously as the possession of a loaded
handgun. Moreover, because this law adds an "assault weapon" to the
definition of a "firearm," the current penalties attaching to the criminal
use of a firearm will also apply to the use of an assault weapon.



As written into the Penal Law:

Penal Law

ARTICLE 265
FIREARMS AND OTHER DANGEROUS WEAPONS

S 265.00 Definitions.

As used in this article and in article four hundred, the following
terms shall mean and include:

...............

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.

..........

9. "Dealer in firearms" means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling, keeping for sale, loaning, leasing, or in any manner disposing
of, any assault weapon, large capacity ammunition feeding device, pistol
or revolver.

..........

22. "Assault weapon" means (a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two of the
following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following characteristics:
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is
unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
(d) 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;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
(e) provided, however, that such term does not include: (i) any rifle,
shotgun or pistol that (A) is manually operated by bolt, pump, lever or
slide action; (B) has been rendered permanently inoperable; or (C) is an
antique firearm as defined in 18 U.S.C. 921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine;
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to section 922 of 18 U.S.C. as such weapon was
manufactured on October first, nineteen hundred ninety-three. The mere
fact that a weapon is not listed in Appendix A shall not be construed to
mean that such weapon is an assault weapon; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic
pistol or any of the weapons defined in paragraph (d) of this
subdivision lawfully possessed prior to September fourteenth, nineteen
hundred ninety-four.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September
thirteenth, nineteen hundred ninety-four, that has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition; provided, however, that such term does not include
an attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.

Quoted: Here it is in all its glory: From the NYS DCJS press release: ASSAULT WEAPONS BAN: Effective November 1, 2000 Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition feeding devices. New York law, however, did not specifically address the possession and sale of military-style weapons or those with excessively large ammunition capacities. The provisions contained in Chapter 189 mirror the current provisions of federal law by defining and prohibiting activities related to a "semiautomatic assault weapon" and a "large capacity ammunition feeding device". The term "assault weapon" includes a designated list of federally barred firearms, as well as semiautomatic rifles, shotguns or pistols that possess at least two specified characteristics, such as a folding or telescoping stock, a bayonet mount, a flash suppressor or a silencer. A specific list of weapons manufactured on or before October 1, 1993, which are set forth in federal law, are not banned. The term "large capacity ammunition feeding device" means a magazine or similar device manufactured after September 13, 1994 which has the capacity to accept more than ten rounds of ammunition, but does not include a tubular device which only accepts .22 caliber ammunition. The Penal Law will now include the possession of an assault weapon and the possession of a large capacity ammunition feeding device within its definition of the class D violent felony of criminal possession of a weapon in the third degree. Thus, the law will now treat the illegal possession of an unloaded assault weapon as seriously as the possession of a loaded handgun. Moreover, because this law adds an "assault weapon" to the definition of a "firearm," the current penalties attaching to the criminal use of a firearm will also apply to the use of an assault weapon. As written into the Penal Law: Penal Law ARTICLE 265 FIREARMS AND OTHER DANGEROUS WEAPONS S 265.00 Definitions. As used in this article and in article four hundred, the following terms shall mean and include: ............... 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm. .......... 9. "Dealer in firearms" means any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing of, any assault weapon, large capacity ammunition feeding device, pistol or revolver. .......... 22. "Assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; (v) a grenade launcher; or (b) a semiautomatic shotgun that has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a fixed magazine capacity in excess of five rounds; (iv) an ability to accept a detachable magazine; or (c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) an ammunition magazine that attaches to the pistol outside of the pistol grip; (ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (iv) a manufactured weight of fifty ounces or more when the pistol is unloaded; (v) a semiautomatic version of an automatic rifle, shotgun or firearm; or (d) 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; (v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD M-10, M-11, M-11/9, and M-12; (vii) Steyr AUG; (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12; (e) provided, however, that such term does not include: (i) any rifle, shotgun or pistol that (A) is manually operated by bolt, pump, lever or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18 U.S.C. 921(a)(16); (ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to section 922 of 18 U.S.C. as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon; or (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September fourteenth, nineteen hundred ninety-four. 23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

perfecto  - THANK YOU -  
(the info was perfecto, the ban blows)

Quoted: perfecto  - THANK YOU -   (the info was perfecto, the ban blows)

The ban does indeed blow - especially now that the federal AWB has expired.  We can all thank the NYS Legislature which by the way is probably the most inefficient state legislature in the U.S.

not probably, is
I saw a report on one of the national news channels about it

Quoted: Quoted: perfecto  - THANK YOU -   (the info was perfecto, the ban blows) The ban does indeed blow - especially now that the federal AWB has expired.  We can all thank the NYS Legislature which by the way is probably the most inefficient state legislature in the U.S.

Quoted: Quoted: perfecto  - THANK YOU -   (the info was perfecto, the ban blows) The ban does indeed blow - especially now that the federal AWB has expired.  We can all thank the NYS Legislature which by the way is probably the most inefficient state legislature in the U.S.

They seem to be overly efficient at violating our constitutional rights to bare arms.

Maybe I should become a crack dealer, I  hear they are automatically granted class 3, and full ccw in NY.

Sorry to step in your thread Swankforce. I need you to contact me regarding the IM you sent me. I have replied, but not heard back from you. Please reply as soon as you can. Thanks.




And now back to your reguarly scheduled program.

Quoted: Sorry to step in your thread Swankforce. I need you to contact me regarding the IM you sent me. I have replied, but not heard back from you. Please reply as soon as you can. Thanks. And now back to your reguarly scheduled program.

Dude - C'mon, you need to give me a few hours to price match, kick it over - right? Im inbound.

For the record - I sent an IM regarding the purchase of some items on the EE late night, asking to part up a sale he posted. I  got a response  this afternoon, and have been comparing pricing before I respond. Is that not good IM etiquite?

I was wondering how legal would it be to buy preban mags and use them in a NEW rifle.

Quoted: I was wondering how legal would it be to buy preban mags and use them in a NEW rifle.

You can legally use preban mags in any rifle.  It's the mag that is regulated and not the rifle that it is used in.

Thanks for the quick reply.

Quoted: They seem to be overly efficient at violating our constitutional rights to bare arms.

Actually, there is no constitutional right to bare arms.  In Colonial days, most men wore long sleeve shirts, so the framers didn't see the need to protect short sleeves and tank tops.  

Quoted: Quoted: They seem to be overly efficient at violating our constitutional rights to bare arms. Actually, there is no constitutional right to bare arms.  In Colonial days, most men wore long sleeve shirts, so the framers didn't see the need to protect short sleeves and tank tops.

That went over my head for 10 seconds before it registered, very clever

Now I get to ask a stupid question - Can I own a Franchi Spas 12 or a Binelli M4 shotty in Nassau? Ct. has the Spas listed on  the ban list at the DPS office.

So is there any statuate of limitation of this or just when hell freezes over ? When will it end

i know i can't have a spas 12 in NY, the binelli m4 shotty - doable?

So is there any statuate of limitation of this or just when hell freezes over ? When will it end

Hmmm - im gonna bank on hell freezing over or the next time we get attacked  by islamic fundamentalists, i mean, terrorists.

Quoted: i know i can't have a spas 12 in NY, the binelli m4 shotty - doable?

Spas 12 is fine as long as pre-94, which they all are.

Quoted: Quoted: i know i can't have a spas 12 in NY, the binelli m4 shotty - doable? Spas 12 is fine as long as pre-94, which they all are.

excellent- i was told by my resident know it all Spas 12 was a big no no in NY, went out with the street sweepers. This should make the move a lil easier, as Ive wanted that shotgun for a while now

Meh, another newbie Pre-Ban question.

I am looking into buying some Pre-Ban mags on the EE and I was wondering if it would be legal to ship them to NYS and if so are there any special requirements like FTF transfering or some other nonsense that the wankers in charge could come up with.

Thanks for your patience.

No there are no special shipping requirements. Just make sure they are unmarked or were manufactured prior to 09-14-1994.

Hey, look its me bumping this darn thread with another stupid question =D

Since it doesn't mention Ak-47's they would be legal as long as they don't have flash hiders and such and are not made buy:
"Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);"

Am I correct?

Thanks

Quoted: excellent- i was told by my resident know it all Spas 12 was a big no no in NY, went out with the street sweepers. This should make the move a lil easier, as Ive wanted that shotgun for a while now

Street Sweepers are OK too, but they must be pre-94 (which all are) and registered with ATF as a destructive device.

right, but semi-auto AK-variants would fall under the same rules as ARs and other "assault weapons". No special registration required, I believe

I was under the imprestion that a street sweeper was a class III weapon.
which we are not allowed to have?

Does this mean that my post ban Bushmaster, 20", is not legal in NYS?  It looks like the Colt AR-15, but it does not have a flash supresser or a bayonet lug.

Quoted: Does this mean that my post ban Bushmaster, 20", is not legal in NYS?  It looks like the Colt AR-15, but it does not have a flash supresser or a bayonet lug.

As long as you haven't changed out the fixed stock for a collapsible stock your postban rifle is legal in NYS as well as preban 20/30 rd mags.

right. You're allowed one  post-ban "assault weapon" item: grenade launcher, hand grip, hi-capacity mag, bayonette lug, suppressor. You can have all of these if you have a certifiable pre-ban.

Thanks, my Bushy still has the fixed stock, so I guess its OK, but my other upper probably is not, its a 16" with the A2 fash suppresser and bayonet lug.

Quoted: Thanks, my Bushy still has the fixed stock, so I guess its OK, but my other upper probably is not, its a 16" with the A2 fash suppresser and bayonet lug.

Not legal as a post-ban. Urban mythology here tells of a guy in Peekskill who called state police to report a house robbery. While there they saw a bushie with more than 1 AWB point (grip, suppressor and    lug).  The man alledgedly received the judges sympathy and 8 years.

Darn_Yankee, just get a preban lower to go with the upper.

I find nra-ila.com very useful when it comes to anti-gun owner legislation. They have all the excerpts from all the state constitutions pertaining to what an "assault weapon" is.

Thanks RKBar15, I'll look around for a preban lower.  I live in Louisiana now but grew up in Western NY (Rochester area).  Have been thinking of returning and wasn't sure what I could bring back with me.

Quoted: Thanks RKBar15, I'll look around for a preban lower.  I live in Louisiana now but grew up in Western NY (Rochester area).  Have been thinking of returning and wasn't sure what I could bring back with me.

Just make sure you can document that it's a preban preferably with documentation from the manufacturer.  I'd try and find a preban Bushy if it's a small pin upper that you can verify with Bushmaster.  If the upper is a large pin Colt go with a preban Colt.

BTW, the City of Rochester has it's own AWB ban so I hope you don't mean living within the city limits.

www.nysrpa.org/rochester.pdf


www.nysrpa.org/chapter47-rochester.pdf

I wonder about this part here:

(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:

(iv) Colt AR-15;


Wouldn't this mean that they could hang anybody with anything looking like an AR-15 if they wanted to?!?

By the way, I live in NYS and am about to purchase a Pre-Ban (with certifying letter from Colt) but I'm worried about getting locked up over something like this.  I mean, what if I use the gun lawfully to stop an intruder in my home and end up going to jail for protecting my family because the weapon I used was illegal?

Any advice?

No, you're documented preban is exempt from NY's AWB and is legal to possess in NYS (outside the restricted cities). If you are authorized to use deadly physical force under PL Article 35 it would not matter what you used to defend yourself but you would still be subject to any illegal weapons law violation.

Postban compliant "AR-15" series rifles have been determined to be legal semi-automatic rifles and are legal to possess in NYS.

Quoted: Postban compliant "AR-15" series rifles have been determined to be legal semi-automatic rifles and are legal to possess in NYS.

Do you know whether this has actually been litigated in NYS?

I share Maddogs concerns.  I think if you gave a copy of this law to a lay person then they could reasonably conclude that any lower receiver similar to a Colt AR15 is banned, regardless of features, unless it was possessed (not manufactured as the federal law used to say) prior to 9/94.

I'll take that a step further.  I think the way it is worded could allow someone to say that they are all banned regardless of date of manufacture!   Gun confiscation anyone?

In NY as long as the postban receiver is not marked "AR-15" it is not a named assault weapon and as long as it is assembled with not more then one "feature" it is not an assault weapon. Postban complaint AR-15 "type" rifles can legally be manufactured, transferred and possessed under NYS law.  There is nothing to litigate.  

Both the NYS and expired federal AWB exempted SAW's possessed on or prior to 09-13-1994.  The only date of manufacture that is specified is for LCAFD and not for rifles.

Quoted: I'll take that a step further.  I think the way it is worded could allow someone to say that they are all banned regardless of date of manufacture!

The exemption portion of the law (with the 9/94 date) specifically references paragraph 'd' so you don't need to worry about them all being banned.

But.. I still have reservations about the language NYS added.  NYS specifies that "copies or duplicates" of the Colt AR15 are banned.  This is different than what the federal AWB said.

Arg!!! You guys are killin' me! AFAIK NYS did not add any language to the NYS ban that was not in the federal ban that would effect it in a material way.  

Do you think that Spitzer would allow Bushmaster and other "AR-15"  manufacturers to ship illegal SAW's into NYS over the last four years?

rkbar15:  You are right.  I went back and checked the federal AWB and NYS did not add the "copies or duplicates" clause.  They did add "or functioning frames or receivers" but that doesn't seem like it would change the meaning of the law.

And you're right that the federal AWB referenced possession, same as NYS.  But NYS deleted the words "or transfer" from our law.  That deletion could have the potential to change the meaning of the law.

I should have  read the law again before I typed.  In the end I suppose the best advice is to just keep buying as many as you can afford!!

The ban states that a threaded barrel is one of the banned aspects.  Does this mean the even if I remove the bayonet lug and replace the flash suppresser with a muzzle brake on the upper I just purchased, that it will STILL not be compliant?

Quoted: The ban states that a threaded barrel is one of the banned aspects.  Does this mean the even if I remove the bayonet lug and replace the flash suppresser with a muzzle brake on the upper I just purchased, that it will STILL not be compliant?

If you get the muzzle brake permanently attached (pinned & welded) you're OK, AFAIK

If you use one of the BATFE approved methods of permanently attaching a brake and covering the threads you should be OK. The problem is there really isn't anyone in NY in an official capacity that would give you the same type of approval.

The approved BATFE method:

DEPARTMENT OF THE TREASURY
            Bureau of Alcohol, Tobacco and Firearms
                    Washington, D.C. 20226

                          JUN 18 1998            F:FPD:FTB:RAT
                                                 3311


Dear Mr. :

This refers to your letter of March 31, 1998, in which you ask
about permanently attaching a muzzle device to various firearms.

A muzzle device, such as a muzzle brake or barrel extension, which
is attached to a barrel by means of welding or high temperature
silver solder having a melting point of at least 1,100 degrees
Fahrenheit, is considered to be part of the barrel for purposes of
measurement.  A seam weld extending at least one-half the
circumference of the barrel or four equidistant tack welds around
the circumference of the barrel are adequate for this purpose.

A firearm having a muzzle brake, cap, or barrel extension
permanently attached by those same methods to cover the threads on
a barrel, would not be considered to have a threaded muzzle.
Please note, however, that any muzzle device or barrel extension
which functions as a flash suppressor or grenade launcher would
still constitute one of the qualifying features of a semiautomatic
assault weapon as that term is defined in 18 U.S.C. section
921(a)(30(B).  Industrial adhesive products are not an acceptable
method for permanently attaching a muzzle device.

                             - 2 -

Mr.

We trust that the foregoing has been responsive to your inquiry.
If you have further questions concerning this matter, please
contact us.


                       Sincerely yours,

                           [signed]

                      Edward M. Owen, Jr.
               Chief, Firearms Technology Branch

www-2.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/atf_letter40.txt

Bump so we don't lose the thread.

Bump so we don't lose the thread.

Bump so we don't lose the thread.

.....

i replied to the wrong thread.  Not once but TWICE