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Posted: 9/29/2004 2:24:18 AM EST
[Last Edit: 9/29/2004 2:25:50 AM EST by Mk-82]
I challenge anyone to show me where it says that this country boy from NY is prohibited from purchasing Post Ban High Capacity Feeding Devices. I don't live in Albany,NYC or anywhere that is prohibited further down in the laws. I think we may have stumbled upon something here. Any nay sayers or dime store lawyers out there that can either educate me or shut me up? Check this ATF link...


www.atf.gov/firearms/statelaws/22ndedition/newyork.pdf



Link Posted: 9/29/2004 3:14:25 AM EST
you guys have a state AWB that mirrors the federal one
Link Posted: 9/29/2004 5:57:07 AM EST
[Last Edit: 9/29/2004 5:57:32 AM EST by M4arc]
They ATF really has nothing to do with the NY AWB. You guys have your own version of the 1994 AWB.
Link Posted: 9/29/2004 6:13:42 AM EST
[Last Edit: 9/29/2004 6:15:16 AM EST by sharky30]
caselaw.lp.findlaw.com/nycodes/c82/a68.html

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.




S 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:

(1) He commits the crime of criminal possession of a weapon in the
fourth degree as defined in subdivision one, two, three or five of
section 265.01, and has been previously convicted of any crime; or
(2) He possesses any explosive or incendiary bomb, bombshell, firearm
silencer, machine-gun or any other firearm or weapon simulating a
machine-gun and which is adaptable for such use; or
(3) He knowingly has in his possession a machine-gun, firearm, rifle
or shotgun which has been defaced for the purpose of concealment or
prevention of the detection of a crime or misrepresenting the identity
of such machine-gun, firearm, rifle or shotgun; or
(4) Such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven, constitute a
violation of this section if such possession takes place in such
person`s home or place of business; or
(5) (i) Such person possesses twenty or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter within the five years
immediately preceding the commission of the offense and such possession
did not take place in the person`s home or place of business; or
(6) Such person knowingly possesses any disguised gun; or
(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D
felony.

Link Posted: 9/29/2004 6:14:45 AM EST
[Last Edit: 9/29/2004 6:17:02 AM EST by SULACO2]

Originally Posted By Mk-82:
I challenge anyone to show me where it says that this country boy from NY is prohibited from purchasing Post Ban High Capacity Feeding Devices. I don't live in Albany,NYC or anywhere that is prohibited further down in the laws. I think we may have stumbled upon something here. Any nay sayers or dime store lawyers out there that can either educate me or shut me up? Check this ATF link...



NYS Penal law


TITLE P--OFFENSES AGAINST PUBLIC SAFETY
ARTICLE 265--FIREARMS AND OTHER DANGEROUS WEAPONS

Section 265.00 Definitions

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

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 semiautomatic 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 of 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) Baretta 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, 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 bolds more than five rounds of ammunition;

(iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed of detachable magazine;

(iv) a rifle, shotgun or pistol, of 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....


Section 265.02 Criminal possession of a weapon in the third degree

A person is guilty of criminal possession of a weapon in the third degree when:

(1) He commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or

(2) He possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or

(3) He knowingly has in his possession a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or

(4) Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven, constitute a violation of this section if such possession takes place in such person's home or place of business; or

(5)(i) Such person possesses twenty or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or

(6) Such person knowingly possesses any disguised gun; or

(7) Such person possesses an assault weapon; or

(8) Such person possesses a large capacity ammunition feeding device.

Criminal possession of a weapon in the third degree is a class D felony.



It's over...

Don't buy it? OK Google it or go here

/S2

Link Posted: 9/29/2004 1:34:40 PM EST
You guys shut me up...I am a big dummy. Must've been something in my coffee or lack of sleep. I realized that the ATF link was showing the laws of 2000 ATF P 5300.3. Duh! My current book is 5300.5! Maybe it was wishful thinking. Probably lack of sleep...Sorry for the dumb ass post.
Link Posted: 9/29/2004 2:09:09 PM EST
With no date stamp on the mag how would anyone possibly know. It would be impossible for you to check either.
Link Posted: 9/29/2004 2:13:23 PM EST
Problem is,they all have dates on bodies,except those replacement mags being sold by CMMG. That is the only choice for us NY'ers. Replace those beat up bodies with new replacements!
Link Posted: 9/29/2004 7:26:28 PM EST
[Last Edit: 9/30/2004 6:50:18 AM EST by sharky30]
in theory, as long as the mag is for a gun that had prebans new mags that are unmarked would be hard to prove either way. Are new mags unmarked?
for example the 10/22. Buttler creek was making the same style hotlip mags before 94 as they are making now, so if the new ones have no date or serial number it'd be hard to prove if they were legal or not
but I'm pretty sure the FN Five Seven wasn't around back then, so even if the highcaps for it are unmarked it'd be easy to prove you were breaking the law if you had them in NY
Link Posted: 9/30/2004 4:19:07 AM EST
There will be plenty of cheap, unmarked NIW AR mags very soon.
Link Posted: 9/30/2004 9:22:14 AM EST

Originally Posted By Mk-82:
Problem is,they all have dates on bodies,except those replacement mags being sold by CMMG. That is the only choice for us NY'ers. Replace those beat up bodies with new replacements!




FWIW,I bought some Brit steel mags from Aim about a month ago.They have no markings
Link Posted: 10/1/2004 6:34:52 AM EST
Older USGI bodies do not have dates on them.
Link Posted: 10/3/2004 10:39:19 AM EST
I predict NY state will be flooded with unmarked bodies and mags since "preban" has no meaning anymore in the free states of this country. Preban rifles will also flood the state since their walue will drop throughout the country but they will be worth a little more in NY state. The morons that passed these laws were trying to be newsworthy and to impress the left, nothing else.
Link Posted: 10/4/2004 7:21:33 AM EST
plenty of preban NIW USGI mags out there for resonable prices
check out the EE
Link Posted: 10/4/2004 8:40:11 PM EST
move
Link Posted: 10/5/2004 12:42:24 PM EST
VT is looking good


Originally Posted By brian427cobra:
move

Link Posted: 10/5/2004 12:49:28 PM EST
bail collection is up and running for Mk-82.
Link Posted: 10/5/2004 12:50:15 PM EST
and did you say CMMG has unmarked new mag bodies?
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