Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
Durkin Tactical Franklin Armory
User Panel

Site Notices
8/16/2022 4:37:09 PM
Posted: 7/1/2022 3:29:44 PM EDT
(To my knowledge), Stripped lowers are dispositioned as "Other" at time of sale by FFL.

Since "others" such as Shockwaves will become illegal firearms on 7/6/22, does same "other" apply to a stripped lower?

Link Posted: 7/1/2022 3:35:22 PM EDT
[#1]
Couldn't you then just install a lpk and be fine?
Link Posted: 7/1/2022 3:52:04 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fnub315:
Couldn't you then just install a lpk and be fine?
View Quote


I don't think anyone knows for sure, but it wouldn't have a LPK installed at the time of sale.

If an FFL is sitting on inventory of stripped lowers, can they sell or transfer as is or not, is my question. The answer should include use of an FFL for transfer between individuals.
Link Posted: 7/1/2022 3:52:54 PM EDT
[Last Edit: tc556guy] [#3]
I wont be transferring anything classified as an other after that date.
If the state would issue something in writing to FFLs that said otherwise it would be different.

Originally Posted By Sebspeed:

If an FFL is sitting on inventory of stripped lowers, can they sell or transfer as is or not, is my question. The answer should include use of an FFL for transfer between individuals.
View Quote

Out of state, sure. Not to a NY resident
Link Posted: 7/1/2022 3:55:34 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By tc556guy:
I wont be transferring anything classified as an other after that date.
If the state would issue something in writing to FFLs that said otherwise it would be different.


Out of state, sure. Not to a NY resident
View Quote


Understood. Thanks for your reply.
Link Posted: 7/1/2022 3:58:14 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Sebspeed:


Understood. Thanks for your reply.
View Quote


I guess to pose a further question... if an FFL is sitting on inventory, are they now bound to sell these items out of state (after 7/6)? I assume configuring their inventory into rifles by adding parts would require a manufacturing license? Or is this a grey area under normal Gunsmithing operation?
Link Posted: 7/1/2022 4:32:43 PM EDT
[#6]
Possession of a P320 FCU without having it on a permit would be possession of an unregistered HANDGUN, yet it transfers as an OTHER. The state really stepped in it by not knowing the ins and outs of what they are trying to legislate.
Link Posted: 7/1/2022 4:56:09 PM EDT
[#7]
I think the answer is no.

If you believe it's yes then it opens up a whole lot of other problems.
We can't possess 'others' in NY.
If buying a lower is an other then is pulling the upper off a rifle creating possession of an an illegal other?

Generally adding things to an illegal item doesn't negate possession.
So if a lower is an illegal other then adding stuff to it doesn't stop us possessing it.

If an AR lower is an illegal other then so is every other receiver and barreled action.
Do I make an illegal other if I pull the stock off a 10/22?

The text definition starts with 'A weapon'.
I claim that a stripped lower is not a weapon at all by NY law.

If every ffl refuses to transfer lowers then it doesn't matter if they're actually illegal or not.
Link Posted: 7/1/2022 5:31:41 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By kzin:
I think the answer is no.

If you believe it's yes then it opens up a whole lot of other problems.
We can't possess 'others' in NY.
If buying a lower is an other then is pulling the upper off a rifle creating possession of an an illegal other?

Generally adding things to an illegal item doesn't negate possession.
So if a lower is an illegal other then adding stuff to it doesn't stop us possessing it.

If an AR lower is an illegal other then so is every other receiver and barreled action.
Do I make an illegal other if I pull the stock off a 10/22?

The text definition starts with 'A weapon'.
I claim that a stripped lower is not a weapon at all by NY law.

If every ffl refuses to transfer lowers then it doesn't matter if they're actually illegal or not.
View Quote


i dont think that you recognize where NYS is going with this.
They're playing the long game.
They dont want people buying components and building up rifles into non-compliant configurations
They're clearly trying to write a law that will pass muster that prohibits anyone but a licensed gunsmith from legally building any sort of firearm.
The only reason last years legislation isnt current law is that it was too broadly written.
Next will be serialization requirements for all major components
Then the semiauto license will be expanded to semi's previously owned prior to the recent bill being passed.
Then they'll expand licensing requirements to lever actions, pump actions, single shots and bolt actions.
Heck, todays bill even slid in the bit about black powder guns having to go through an FFL.
Once everything upstate is licensed the way it is Downstate, they'll start confiscation Australia style.
Bet on it.
Link Posted: 7/1/2022 6:04:58 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By kzin:If every ffl refuses to transfer lowers then it doesn't matter if they're actually illegal or not.
View Quote



And, there it is.

According to NY, a paperweight is illegal.


I posted the question because I was talking to a friend who is an ffl, and it crossed my mind. I can't say I'm surprised that he hasn't received any guidance on this, because hey, NYS gov just pass laws and expect everyone else to interpret it for them. It is disgusting though, that people who don't know any better can get jammed up over something that a/the regulating body never told them about.
Link Posted: 7/1/2022 6:53:45 PM EDT
[Last Edit: CTM1] [#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By tc556guy:


i dont think that you recognize where NYS is going with this.
They're playing the long game.
They dont want people buying components and building up rifles into non-compliant configurations
They're clearly trying to write a law that will pass muster that prohibits anyone but a licensed gunsmith from legally building any sort of firearm.
The only reason last years legislation isnt current law is that it was too broadly written.
Next will be serialization requirements for all major components
Then the semiauto license will be expanded to semi's previously owned prior to the recent bill being passed.
Then they'll expand licensing requirements to lever actions, pump actions, single shots and bolt actions.
Heck, todays bill even slid in the bit about black powder guns having to go through an FFL.
Once everything upstate is licensed the way it is Downstate, they'll start confiscation Australia style.
Bet on it.
View Quote



An FFL in the Catskills that has been in business for decades told me recently that the NYSP had come around after the Safe Act telling them not to transfer stripped lowers because they believed that people would be building them into non-compliant configurations.

Another member here had purchased a stripped lower that was said to be in stock over two weeks ago. The manufacture failed to tell him that they were moving part of the warehouse therefore shipping was delayed by at least fifteen days. He just got notification that the lower shipped on the 29th. They gave no indication of what day it would arrive at his FFL but his FFL is closed on Mon and Tues. So given Wed is the 6th he is now afraid the dealer will not go through with the transfer or will not be able to do it.
Link Posted: 7/2/2022 1:07:24 AM EDT
[#11]
I know of a couple of gun shops that were visited by the NYSP and told receivers are not covered by the ban on “others.” Of course, nothing in writing.
Link Posted: 7/16/2022 12:07:36 PM EDT
[#12]
My ffl says he'll transfer a lower any time I want one and acted a bit peeved that some people think it's a problem.
Link Posted: 7/16/2022 9:45:24 PM EDT
[#13]
I was at a shop today with Shockwaves on the wall, I was shocked. They were not marked LE only.
Link Posted: 7/16/2022 10:00:10 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HiramRanger:
I was at a shop today with Shockwaves on the wall, I was shocked. They were not marked LE only.
View Quote


Link Posted: 7/17/2022 9:45:19 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DaveM4P99:


https://i.imgur.com/B9oEGdk.png
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DaveM4P99:
Originally Posted By HiramRanger:
I was at a shop today with Shockwaves on the wall, I was shocked. They were not marked LE only.


https://i.imgur.com/B9oEGdk.png


All well and good, want to be the test case?
Link Posted: 7/18/2022 9:34:57 AM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HiramRanger:


All well and good, want to be the test case?
View Quote
+1

As stated many times, you may beat the rap but you won't beat the ride.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

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.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top