Armory Sponsor
Posted: 10/18/2010 2:25:06 PM EDT
| What part of the law allows an FFL in a ban state like NY to possess firearms that are otherwise illegal for regular citizens to own? |
| I've tried searching NYS law but can't find anything that would make it legal for an 07 FFL to possess and transport/use at a range firearms that don't comply with state regulations. I'm going to get my SOT but want to have all my eggs in a row before I manufacture and then test Class III firearms at a range in NY. If anyone can direct me to the actual law that would be beyond awesome. |
|
Typically the state laws have dealer exemptions for gun control laws. Otherwise it would be difficult for in-state LE to get demonstrations of certain types of firearms, as they'd have to travel out of state.
That said, I looked at the NRA-ILA web site for the synopsis of NY state gun laws, and it looks like even SOT's are prohibited from owning or possessing machine guns there. |
|
Quoted: Typically the state laws have dealer exemptions for gun control laws. Otherwise it would be difficult for in-state LE to get demonstrations of certain types of firearms, as they'd have to travel out of state. When I lived in NJ, HK shipped MP5s direct from VA to the PD. No FFL involvement. |
|
Quoted:
Typically the state laws have dealer exemptions for gun control laws. Otherwise it would be difficult for in-state LE to get demonstrations of certain types of firearms, as they'd have to travel out of state. That said, I looked at the NRA-ILA web site for the synopsis of NY state gun laws, and it looks like even SOT's are prohibited from owning or possessing machine guns there. I know of at least one SOT in NY that has full auto weapons. Did the laws you looked at ban the possession of SBR and suppressors for NY SOTs? Bubbles, Can you take a look at this NY penal law and tell me if I'm reading it correct that an 07 with a SOT would be allowed to manufacture/possess machine guns? http://ypdcrime.com/penal.law/article265.htm S 265.20 Exemptions. (e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract. If I'm manufacturing and selling or intending to sell firearms, suppressor, etc. to law enforcement agencies this would therefore make it legal for me to manufacture, transport, and test these items? |
|
Quoted:
Quoted:
Typically the state laws have dealer exemptions for gun control laws. Otherwise it would be difficult for in-state LE to get demonstrations of certain types of firearms, as they'd have to travel out of state. That said, I looked at the NRA-ILA web site for the synopsis of NY state gun laws, and it looks like even SOT's are prohibited from owning or possessing machine guns there. I know of at least one SOT in NY that has full auto weapons. Did the laws you looked at ban the possession of SBR and suppressors for NY SOTs? Bubbles, Can you take a look at this NY penal law and tell me if I'm reading it correct that an 07 with a SOT would be allowed to manufacture/possess machine guns? http://ypdcrime.com/penal.law/article265.htm S 265.20 Exemptions. (e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract. If I'm manufacturing and selling or intending to sell firearms, suppressor, etc. to law enforcement agencies this would therefore make it legal for me to manufacture, transport, and test these items? IANA lawyer. That said, I've worked for various "defense contractor" for 20 years (IT), and my FFL biz has also dealt with them. "Defense contracts" for the US government typically means that you're selling to the military, not law-enforcement. The NRA site is geared more toward laws pertaining to individuals, not dealers, though if there's a dealer exemption to a law it's often listed. I think you're going to need to talk to your attorney on this one. |
|
Quoted:
Quoted:
Typically the state laws have dealer exemptions for gun control laws. Otherwise it would be difficult for in-state LE to get demonstrations of certain types of firearms, as they'd have to travel out of state. When I lived in NJ, HK shipped MP5s direct from VA to the PD. No FFL involvement. HK is rather notorious for cutting out the middleman. I was also thinking not so much of sales but LE demos and training sessions. |
|
Quoted:
Quoted:
Quoted:
Typically the state laws have dealer exemptions for gun control laws. Otherwise it would be difficult for in-state LE to get demonstrations of certain types of firearms, as they'd have to travel out of state. That said, I looked at the NRA-ILA web site for the synopsis of NY state gun laws, and it looks like even SOT's are prohibited from owning or possessing machine guns there. I know of at least one SOT in NY that has full auto weapons. Did the laws you looked at ban the possession of SBR and suppressors for NY SOTs? Bubbles, Can you take a look at this NY penal law and tell me if I'm reading it correct that an 07 with a SOT would be allowed to manufacture/possess machine guns? http://ypdcrime.com/penal.law/article265.htm S 265.20 Exemptions. (e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract. If I'm manufacturing and selling or intending to sell firearms, suppressor, etc. to law enforcement agencies this would therefore make it legal for me to manufacture, transport, and test these items? IANA lawyer. That said, I've worked for various "defense contractor" for 20 years (IT), and my FFL biz has also dealt with them. "Defense contracts" for the US government typically means that you're selling to the military, not law-enforcement. The NRA site is geared more toward laws pertaining to individuals, not dealers, though if there's a dealer exemption to a law it's often listed. I think you're going to need to talk to your attorney on this one. I'm giving a local firm a call later this week to get their take on the law. I could probably register for a CAGE code to bid on defense contracts. |
|
Quoted: S 265.20 Exemptions. (e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract. If I'm manufacturing and selling or intending to sell firearms, suppressor, etc. to law enforcement agencies this would therefore make it legal for me to manufacture, transport, and test these items? Seems to me in order to fulfill a defense contract you have to have one. I do not see how you could connect that to making guns for sales that have not happened to LE. ETA: Now that I think about it, I do recall this being an issue for Remington. They were complaining they could not do R&D in New York as a result of this ban. They could not get silencers from AAC for bidding on defense contracts. I am pretty sure they got the law changed within the last few months. This press release was part of the deal. http://www.remington.com/pages/news-and-resources/press-releases/2010/corporate/expansion-at-the-remington-arms-facility-in-ilion.aspx ETA2: Found it: http://www.herkimertelegram.com/news/x57975328/Arms-gets-big-legislative-victory |
|
Huh. The article only addresses suppressors, not other Title II firearms. |
|
Quoted:
Huh. The article only addresses suppressors, not other Title II firearms. This exemption also exists in NY state which should give me the green light. ยง 265.20 Exemptions. a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to: ............................ 8. The manufacturer of machine-guns, firearm silencers, assault weapons, large capacity ammunition feeding devices, disguised guns, pilum ballistic knives, switchblade or gravity knives, billies or blackjacks as merchandise, or as a transferee recipient of the same for repair, lawful distribution or research and development, and the disposal and shipment thereof direct to a regularly constituted or appointed state or municipal police department, sheriff, policeman or other peace officer, or to a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, or to the military service of this state or of the United States; or for the repair and return of the same to the lawful possessor or for research and development. |
|
Quoted: Huh. The article only addresses suppressors, not other Title II firearms. How is that my fault?  Maybe the other stuff was already legal. GE in New York did make MiniGuns at one time (ok, maybe that a only under a defense contract), but Remington was not complaining about inability to make F/A ACRs. NorthEast does not like silencers. NJ outlaws silencers but not MGs. |
|
Quoted:
Quoted:
Huh. The article only addresses suppressors, not other Title II firearms. How is that my fault? I didn't say it was, nor did I mean to criticize your response. Next time I'll type something like this: Wow - great job finding that article! 1000 Internet Points to you. YOU RULE MAN!!!! Feel better now? 
|
Armory Sponsor