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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 7/28/2005 5:27:03 PM EDT
[Last Edit: 7/28/2005 5:28:13 PM EDT by cityrepo61]
A guy is looking to sell me an M1A. He said he bought it in 1993 but when I called SA they told me it was manufactured on 9/12/94. Is this a preban?
I am confused by (quiet with the snickering) the possession part of the AWB.
It was possessed but by a corporation not an individual does that matter.

Steve
Link Posted: 7/28/2005 6:27:35 PM EDT
Link Posted: 7/28/2005 8:37:12 PM EDT
caselaw.lp.findlaw.com/nycodes/c82/a68.html

(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.

Link Posted: 7/29/2005 9:21:40 AM EDT
The ATF held the position that possession referred to "lawfully possessed" (i.e. not stolen, possessed by a felon etc.) by anyone - dealer, person, manufacturer, distributor, corporation etc.

The ATF also held the position that it need not have been assembled as long as it was posessed in kit form with all the components necessary to assemble a functioning rifle in SAW configuration.

Keep in mind that there is no agency in NY in a regulatory/enforcement position who will render an opinion at the request of a person as to what is legal or illegal in NY.
Link Posted: 7/31/2005 6:56:38 PM EDT
[Last Edit: 7/31/2005 7:08:56 PM EDT by ThePrisoner72]
I read a thread here once posted by a member and discussed prebans, many members posted that the NYS AWB differs from the now expired Federal ban in that the Fedreal ban expressed that a lower had to ship as a complete rifle in order to hold preban status. NYS AWB seems to read that as long as the lower receiver was manufactured by 9-13-94 it is a legal assault rifle. I also rember someone pointing the fact that inder NYS law it read any frame or functioning receiver, meaning it didn't have to be assembled. Also whatever the ATF said in their Federal ban doesn't even appy to us in NY because we our a state with are own AWB.

Found it

www.ar15.com/forums/topic.html?b=3&f=12&t=202877
Link Posted: 7/31/2005 7:24:16 PM EDT

Originally Posted By ThePrisoner72:
I read a thread here once posted by a member and discussed prebans, many members posted that the NYS AWB differs from the now expired Federal ban in that the Fedreal ban expressed that a lower had to ship as a complete rifle in order to hold preban status. NYS AWB seems to read that as long as the lower receiver was manufactured by 9-13-94 it is a legal assault rifle. I also rember someone pointing the fact that inder NYS law it read any frame or functioning receiver, meaning it didn't have to be assembled. Also whatever the ATF said in their Federal ban doesn't even appy to us in NY because we our a state with are own AWB.

Found it

www.ar15.com/forums/topic.html?b=3&f=12&t=202877




I thought the state one was the same as the federal one?
Link Posted: 8/1/2005 3:38:57 AM EDT
Did you read the link? I also thought the same.
Link Posted: 8/1/2005 6:44:14 AM EDT
Some of you are leaving out the intent of the NYS AWB at the time it was enacted. The intent of the NY Legislature was to mirror the Federal AWB. You can also pretty much guarantee that any ATF rulings, opinions or associated case law that were relevant to the Federal AWB will be used in NY as a basis to either prosecute, defend or appeal a NY AWB violation or conviction.


Does it really make any sense to jeopardize your liberty and/or face financial ruin over a flash suppressor, collapsible stock or bayonet lug? I would recommend that if you want to be in compliance with the New York AWB that you do so in a conservative manner taking into consideration the associated rulings and opinions of the ATF as it pertains to the Federal AWB. It may form the basis of your defense of any charge or the appeal if you are convicted.


Please keep in mind that nothing written on ar15.com or anywhere else on the Internet should ever be taken at face value or construed as legal advice. For legal advice consult a qualified attorney who is familiar with NYS Penal Law as it pertains to firearms.
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