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11/22/2017 10:05:29 PM
Posted: 10/1/2004 2:58:26 AM EST
Can someone point me to a document that clarifies NY state's definition of an assault weapon and the legalities of owning an AR-15 clone? The current NYS Law specifies:

An "assault weapon" means...... (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 Streetsweeper 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....

(taken from http://www.nysrpa.org/nygunlaws.htm)

My understanding of this law is that Colt AR-15's and "copies or duplicates" thereof are illegal. It doesn't specify that it only pertains to select-fire, etc.. and I know that many people here in NY own AR-15 style semi auto's.

UpstateNYer
Link Posted: 10/1/2004 4:47:41 PM EST
[Last Edit: 10/1/2004 4:48:46 PM EST by RDak]
You could try this site to research your State's gun laws. (I think a Colt AR-15 is illegal in NY.)

http://www.gunlaws.com/links/index.htm
Link Posted: 10/2/2004 4:01:14 AM EST
[Last Edit: 10/2/2004 4:01:50 AM EST by rkbar15]
Preban COLT AR-15 rifles are not banned in NY. Upstate, I answered you in your other thread. If a rifle was legal under the now expired Federal AWB it is currently legal under the NYS AWB with the exception of NYC and the possible exception of three other cities in NY.
Link Posted: 10/2/2004 11:48:20 AM EST
rkbar,

And I appreciate both your answers, thanks. I understand that "pre-ban" AR-15's are legal in NY, my issue is that I've spoken to a FFL in the area that is bound & determined that "new" AR-15 "style" weapons like the weapons made by bushmaster, armalite, ameetec arms, etc.. are illegal because their "copies or duplicates" of Colt AR-15's and are therefore a named weapon under the NYS AWB. According to him the NYS AWB is still in effect and the fact that it mirrored the Federal AWB has absolutely no bearing on it being in effect.

This sucks to say the least, NYS needs to toss the NYSAWB in the circular file.

UpstateNYer
Link Posted: 10/2/2004 12:44:00 PM EST
[Last Edit: 10/2/2004 12:56:51 PM EST by rkbar15]

Originally Posted By UpstateNYer:
rkbar,

And I appreciate both your answers, thanks. I understand that "pre-ban" AR-15's are legal in NY, my issue is that I've spoken to a FFL in the area that is bound & determined that "new" AR-15 "style" weapons like the weapons made by bushmaster, armalite, ameetec arms, etc.. are illegal because their "copies or duplicates" of Colt AR-15's and are therefore a named weapon under the NYS AWB. According to him the NYS AWB is still in effect and the fact that it mirrored the Federal AWB has absolutely no bearing on it being in effect.

This sucks to say the least, NYS needs to toss the NYSAWB in the circular file.

UpstateNYer



OK, I'm officially confused. Is your FFL saying that because the Federal AWB expired it is now illegal to sell newly manufactured postban complient rifles in NYS because they are now clones of NYS banned AW's? If the rifle was manufactured after 09-13-1994 and is not a specifically named assault weapon in the NYS AWB and it is not configured with more then one of the banned features listed in the NYS AWB it is NOT a SAW and is legal under NYS law. It does not matter if the rifle was manuafctured on 09-14-1994 or on 10-02-2004. Your FFL does not know WTF he is talking about.

Does he really believe that Bushmaster and the other manufacturer's would ship banned SAW's into NYS in violation of NYS law?


Link Posted: 10/2/2004 3:33:17 PM EST
Yup, It's his opinion that the only AR-15's that are legal in NYS are actual pre-bans (prior to 9/14/94) and that currently manufactured AR style weapons aren't legal in NYS because their "copies or duplicates" of the AR-15 and it's specifically listed as a banned weapon in the NYS AWB.

It's not worth my time, I'm just going to use another FFL, maybe one that has a clue.

UpstateNYer
Link Posted: 10/2/2004 3:55:19 PM EST
Upstate, what county are you in. There are many NY ARFCOM members that live in upstate NY that can help you find an FFL who is not brain dead.
Link Posted: 10/2/2004 11:36:31 PM EST
Jefferson County, I talked to Gander Mountain yesterday (they just opened here) and their doing $25 transfers so I'll just deal with them. I think I'm going to end up going with a pre-ban AR anyway (because I want to put a magpul stock on it) if I can find a pre-ban AR for a good price towards the middle of the month when I have money.
Link Posted: 10/4/2004 11:41:14 AM EST
FYI, i purchased 2 new post ban BM ( a modular and a varminter) both with post ban sn's starting with BFIxxxxxxx, from a VERY reputable full service stocking FFL dealer in Long Island. My layman's understanding is that as long as there are no more than two evil items, it is ok in NYS (not NYC), even though the ar15 and clones are named in the ban. I will ask a close friend who is an attorney in NY, and who worked for the suffolk county DA for a few years. I'll update when i hear from him.
Link Posted: 10/5/2004 4:53:30 AM EST
Fish: A small but important correction to your post. You can only have one feature in NYS for a semiautomatic rifle with a detachable magazine. A detachable magazine is not a feature. If the rifle is not a semiautomatic with a detachable magazine it is not regulated under the NYS AWB and the additional feature test does not apply. Post-ban AR-15 series rifles were determined by the Federal courts that they are not identical in function to the original AR-15 series rifles. A post ban configured AR-15 series rifle is not a SAW under NYS law. It is a semiautomatic rifle and is no different then a any other semiautomatic rifle manufactured in the U.S. There really is nothing more to say on the subject.

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;
Link Posted: 10/5/2004 4:58:56 AM EST

Originally Posted By rkbar15:
Does he really believe that Bushmaster and the other manufacturer's would ship banned SAW's into NYS in violation of NYS law?



Well I did purchase a 14.5 inch Bushmaster upper in a shop in Colonie back in 2001. It wasnt till much later that I realized it was a 14.5 I just assumed that it was in NY thus it much be a 16 inch.
Link Posted: 10/5/2004 5:32:56 AM EST

Originally Posted By PSYWAR1-0:

Originally Posted By rkbar15:
Does he really believe that Bushmaster and the other manufacturer's would ship banned SAW's into NYS in violation of NYS law?



Well I did purchase a 14.5 inch Bushmaster upper in a shop in Colonie back in 2001. It wasnt till much later that I realized it was a 14.5 I just assumed that it was in NY thus it much be a 16 inch.



Was the upper shipped directly to the dealer for resale to LE or did the dealer take a restricted LE SBR and strip it for resale? As you know the upper is legal with either a brake or flash suppressor that has been permanently attached to bring its length to 16". The dealer who sold you the upper was not to bright!

In any case an upper is not a regulated frearm under either Federal or NYS law.
Link Posted: 10/5/2004 7:49:41 AM EST
rkbar, thanks for the correction, i included the detachable mag as feature #1. my error was also confirmed by my attorney friend and fellow shooter.
Link Posted: 10/5/2004 9:17:01 AM EST
It is now the proper length thanks to Gemtech. I dont know if it was a screw up on the shops part, on the part of Bushmaster or the barrel lenght fairy, but I about shit myself when I realized that it was not what I thought it was.

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