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11/22/2017 10:05:29 PM
Posted: 10/26/2004 11:51:40 PM EST
[Last Edit: 11/4/2004 5:46:21 PM EST by jwrig]
delete
Link Posted: 10/27/2004 4:30:40 PM EST
[Last Edit: 10/27/2004 4:31:33 PM EST by Berriez]
Not illegal for you to ship to NY from out of state.

It might be illegal for the person in NY to receive and possess it....but that's not your problem.

FWIW there's a lot of confusion as to how/if the NY AWB can be enforced now that the federal law is history. It's also worth noting that there was not one prosecution for possession of a hi-cap mag by federal or NY state law enforcement over the the last 10 years.
Link Posted: 10/27/2004 7:19:51 PM EST
Thanks. Anyone else?

Jim
Link Posted: 10/28/2004 5:02:02 AM EST
There is no confusion about the NYS AWB. In 11-2000 the NYS Penal Law was amended to incorporate the language and provisions of the Federal AWB. It is/was not dependent on the Federal AWB remaining in effect.

If the ammunition feeding device has a capacity of more then 10 rounds and was manufactured on or after 09-14-1994 it is illegal to possess in NYS.
Link Posted: 10/28/2004 5:16:27 AM EST

If the ammunition feeding device has a capacity of more then 10 rounds and was manufactured on or after 09-14-1994 it is illegal to possess in NYS.

...and a Class D Violent Felony to boot. All for about 6 ounces of aluminum, steel and plastic.
Link Posted: 10/28/2004 6:02:22 AM EST

Originally Posted By Aardvark:

If the ammunition feeding device has a capacity of more then 10 rounds and was manufactured on or after 09-14-1994 it is illegal to possess in NYS.

...and a Class D Violent Felony to boot. All for about 6 ounces of aluminum, steel and plastic.



No confusion eh?

There are enough differences from the federal AWB, and ambiguities present in the NYAWB to have created MUCH confusion.

There are over a dozen examples, and even references to the non-existant federal law within the NYAWB, but since you find the legistlation to be free of confusion, here's just one issue:

Nothing in the NYAWB precludes repair of of large capacity feeding devices. That means you can replace the baseplate, spring, follower, and mag body with parts manufactured after 9/13/94. It is therefore impossible to prove, through simple possession, that a magazine entirely comprised entirely of post-ban parts is a 'large capacity feeding device', unless of course, one is in possesion of a mag model that didn't exist prior to the ban.

How, under these circumstances, is this part of the law enforceable?
Link Posted: 10/28/2004 8:37:53 AM EST
[Last Edit: 10/28/2004 12:49:01 PM EST by rkbar15]

Originally Posted By Berriez:

Originally Posted By Aardvark:

If the ammunition feeding device has a capacity of more then 10 rounds and was manufactured on or after 09-14-1994 it is illegal to possess in NYS.

...and a Class D Violent Felony to boot. All for about 6 ounces of aluminum, steel and plastic.



No confusion eh?

There are enough differences from the federal AWB, and ambiguities present in the NYAWB to have created MUCH confusion.

There are over a dozen examples, and even references to the non-existant federal law within the NYAWB, but since you find the legistlation to be free of confusion, here's just one issue:

Nothing in the NYAWB precludes repair of of large capacity feeding devices. That means you can replace the baseplate, spring, follower, and mag body with parts manufactured after 9/13/94. It is therefore impossible to prove, through simple possession, that a magazine entirely comprised entirely of post-ban parts is a 'large capacity feeding device', unless of course, one is in possesion of a mag model that didn't exist prior to the ban.

How, under these circumstances, is this part of the law enforceable?



The Federal AWB was an extremely poor piece of legislation as is the NYS AWB. It is and was a “feel” good piece of legislation that will have never have any effect on the illegal use of firearms used by criminals in the commission of a crime in NYS.

Your example of repairing an ammunition feeding device with newly manufactured parts was permissible under the Federal AWB and is also permissible under the NYS AWB. The intent of the law as it was passed by the NYS legislature and signed into law by Gov. Pataki was to “mirror” the Federal AWB with the sole exception that it would not expire on 09-13-2004. You can repair a large capacity ammunition device that was manufactured prior to 09-14-2004 but you can't "manufacture" a new LCAFD from newly manufactured parts. I would recommend that if you rebuild a preban LCAFD with a newly manufactured unmarked mag body that you crush the preban mag body and retain it. This does not mean that you won't be arrested and possibly prosecuted in NYS because of the way the local prosecutor decides to interpret the NYS statute. This is also true of any other statute in the Penal Law that doesn't have an established case history. As it stands now I don't believe there have been any prosecutions in NYS for illegal possession of a LCAFD.

In any case the NYS AWB is here to stay so your only recourse is to comply with it as best you can, ignore it or move out of this hell hole state. If either Spitzer or Schumer is elected Governor in 2006 and the democRATS take control of the Senate you can expect a CA type AWB or worse an outright ban on all SAW's and and LCAFD's.
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