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Posted: 8/12/2007 7:46:49 AM EST
I'm trying to find how exactly the law  is written in NY state , I sold a AMD 63 built on a No dak reciever ,,,, its shipping to a FFL , so I think that is ok  ,,, but what about the 30rd mag ????    
Link Posted: 8/12/2007 8:04:11 AM EST
[#1]
I think NY has a state AWB similar to the old AWB. Unless it it pre ban (which nodak is not), it has to be post ban configuration. Check the NY forum, those guys probably know for sure
Link Posted: 8/12/2007 8:46:29 AM EST
[#2]
Link Posted: 8/12/2007 8:59:57 AM EST
[#3]
Link Posted: 8/12/2007 10:33:08 AM EST
[#4]
I live in NY State.  Here are the rules:  You can build an AK but it must be in 100% AWB configuration.  NO flash suppressor, NO bay lug, NO folding/collapsible stock, and most discouraging, NO ability to accept a magazine with more than a 10 round capacity unless the mag is welded in place....any rifle manufactured after 9/94 cannot have the ability to accept a detachable magazine with a capacity of more than 10 rounds.

There is at present a bill in the senate which redefines what constitutes an assault weapon.  You don't even want to know what it will do....can you spell California?
Link Posted: 8/12/2007 11:21:27 AM EST
[#5]

Quoted:
I live in NY State.  Here are the rules:  You can build an AK but it must be in 100% AWB configuration.  NO flash suppressor, NO bay lug, NO folding/collapsible stock, and most discouraging, NO ability to accept a magazine with more than a 10 round capacity unless the mag is welded in place....any rifle manufactured after 9/94 cannot have the ability to accept a detachable magazine with a capacity of more than 10 rounds.

There is at present a bill in the senate which redefines what constitutes an assault weapon.  You don't even want to know what it will do....can you spell California?


You have most of the law correct except that a semi-auto rifle may have a detachable magazine of 10 rounds or less but, ANY preban mag like the 30 round mags and 75 round drums that are everywhere are perfecty legal to use in ANY preban or postban semi-auto rifle in NY state. New york city laws are quite different.
Link Posted: 8/12/2007 1:42:34 PM EST
[#6]
Sorry...but no semi auto firearm made after 9/94 can have a provision for a detachable magazine with a capacity greater than 10 rounds.  As I recall, it's in the hi capacity mag rules in section 265 of the penal law, not in the assault weapons sections.  If you want, I'll dig it up.
Link Posted: 8/12/2007 2:00:07 PM EST
[#7]
Link Posted: 8/12/2007 2:00:18 PM EST
[#8]
Link Posted: 8/12/2007 2:11:53 PM EST
[#9]
Preban magazines over 10 rounds are 100% legal in NY
Link Posted: 8/12/2007 3:25:29 PM EST
[#10]

Quoted:
Sorry...but no semi auto firearm made after 9/94 can have a provision for a detachable magazine with a capacity greater than 10 rounds.  As I recall, it's in the hi capacity mag rules in section 265 of the penal law, not in the assault weapons sections.  If you want, I'll dig it up.


Sorry but that is not true. I lived here all my short life and know the laws very well. ANY SEMI-AUTO RIFLE MY FIRE ANY CAPCITY MAGAZINES AS LONG AS THEY ARE PREBAN MAGS, THE RIFLE DOES NOT HAVE TO BE PREBAN. 10 ROUND MAGS ARE THE LIMIT IF THEY ARE NOT PREBAN>
Link Posted: 8/12/2007 5:05:08 PM EST
[#11]

Quoted:

Quoted:
Sorry...but no semi auto firearm made after 9/94 can have a provision for a detachable magazine with a capacity greater than 10 rounds.  As I recall, it's in the hi capacity mag rules in section 265 of the penal law, not in the assault weapons sections.  If you want, I'll dig it up.


Sorry but that is not true. I lived here all my short life and know the laws very well. ANY SEMI-AUTO RIFLE MY FIRE ANY CAPCITY MAGAZINES AS LONG AS THEY ARE PREBAN MAGS, THE RIFLE DOES NOT HAVE TO BE PREBAN. 10 ROUND MAGS ARE THE LIMIT IF THEY ARE NOT PREBAN>


Tokarz is correct
Link Posted: 8/12/2007 5:07:24 PM EST
[#12]

Quoted:
As long as the brake is permanently affixed and the barrel is of legal length the rifle should be OK.  The rifle should be a full stock version.  No sidefolding type stocks.

30 round mag should be OK as long as it is pre-1994.  Best bet.  Send the rifle to the FFL without a mag.  Send the mag to the individual himself at his home in a small priority mail box from the Post Office.  Will cost around $4.00 to ship.  

Dieter122 would be able to give you what is needed as he lives in NY.


you are 100% correct.  Its same as old fed ban.  Just limited to our state thats all.

Long as the mag isnt a Pro-Mag your fine, ship it.  




Quoted:
I live in NY State.  Here are the rules:  You can build an AK but it must be in 100% AWB configuration.  NO flash suppressor, NO bay lug, NO folding/collapsible stock, and most discouraging, NO ability to accept a magazine with more than a 10 round capacity unless the mag is welded in place....any rifle manufactured after 9/94 cannot have the ability to accept a detachable magazine with a capacity of more than 10 rounds.

There is at present a bill in the senate which redefines what constitutes an assault weapon.  You don't even want to know what it will do....can you spell California?


doesnt matter if your in NYS, you dont even know your own laws.  Please dont post false info.

Link Posted: 8/12/2007 5:15:50 PM EST
[#13]

Quoted:
Sorry...but no semi auto firearm made after 9/94 can have a provision for a detachable magazine with a capacity greater than 10 rounds.  As I recall, it's in the hi capacity mag rules in section 265 of the penal law, not in the assault weapons sections.  If you want, I'll dig it up.



Um...  Wrong.  Feel free to dig it up if you like...  No such law exists.
Link Posted: 8/12/2007 5:24:20 PM EST
[#14]

Quoted:
Sorry...but no semi auto firearm made after 9/94 can have a provision for a detachable magazine with a capacity greater than 10 rounds.  As I recall, it's in the hi capacity mag rules in section 265 of the penal law, not in the assault weapons sections.  If you want, I'll dig it up.


You are incorrect.

The subsection of 265 that has the provision for large capacity ammuniution feeding devices is separate from that for assault weapons.
Link Posted: 8/12/2007 5:26:26 PM EST
[#15]
265 is long  but I'll post the relevant sections:



   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.



Notice that it says nothing about detachable magazine capacity.

Next, the large capacity ammunition feeding device part:



   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.
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