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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 9/10/2005 11:03:12 AM EDT
My brother, a school teacher up near Lake George, is intrested in getting an AR-15.
I want to help him out with either buying one or building one.

1) He can have a post ban AR with A2 stock, no flash hider/suppresor and no bayonet lug - correct?

2) Can he own, use/posses any PRE BAN large capacity 20 or 30 rd mags for use with a POST BAN rifle? Or is he limited to POST BAN only mags?

3) Can we find a preban lower and build him any configuration he wants?

4) Is there any special paper work needed if we build him either a pre or post ban rifle?

5) Can I just give a rifle to him that I bought or assembled here in Utah, or is there special paperwork need to transfer it to him in NY?

I am going to encourage him to join the NRA (I will probably by him a memebership as a gift). Is there any NY state organizations that any one would recommend? I can see him getting invovled with High Power / CMP shooting.

Thank you for your help in advance. I might need this info if I ever move back to NY myself.
Jamey Williams
Link Posted: 9/10/2005 11:15:02 AM EDT
Hey.... On #1 i am pretty sure that is correct... #2 is also true but if you get caught with those mags you have to be able to proof that they are preban if you cant then it is a BIG feleony... If you are gonna get preban high cap mags just BE CAREFULL. #3 is a yes if you have a preban lower you can build whatever you want onto it... #4 iam not that sure about paper work... i never heard of haveing paper work for a rifle that is pre or post... #5 if u are sending him one from utah then you would have to send to an FFL dealer... The next question about the NRA iam not sure about... If you have any more questions feal free to ask....... Biggest thing is the high cap mags... If you cant proove them as being prebans you can get in alot of trouble...
Link Posted: 9/10/2005 11:24:49 AM EDT
[Last Edit: 9/10/2005 11:28:51 AM EDT by JayJay4735]

Originally Posted By jameydan:
My brother, a school teacher up near Lake George, is intrested in getting an AR-15.
I want to help him out with either buying one or building one.

1) He can have a post ban AR with A2 stock, no flash hider/suppresor and no bayonet lug - correct? Yes

2) Can he own, use/posses any PRE BAN large capacity 20 or 30 rd mags for use with a POST BAN rifle? Or is he limited to POST BAN only mags? He can use pre-ban 20 or 30 round magazines with any rifle

3) Can we find a preban lower and build him any configuration he wants? As long as the lower was assembled as a complete rifle in "assaualt weapon" configuration prior to the ban then you are good to go with building it in any configuration you want (as long as the barrel is at least 16")

4) Is there any special paper work needed if we build him either a pre or post ban rifle? No, there is no paperwork required to own a semi-automatic rifle in any configuration in NYS (unless in NYC)

5) Can I just give a rifle to him that I bought or assembled here in Utah, or is there special paperwork need to transfer it to him in NY? If you're not shipping it, I dont believe you have to go through an FFL, however I'm not 100% sure on that

I am going to encourage him to join the NRA (I will probably by him a memebership as a gift). Is there any NY state organizations that any one would recommend? I can see him getting invovled with High Power / CMP shooting. www.nysrp.org

By the way, all information I gave you applies to NYS laws, several cities such as NYC and Rochester have more restrictive laws regarding "assault weapons" and hi-cap magazines.

If I've given any misinformation, please feel free to correct me.


Thank you for your help in advance. I might need this info if I ever move back to NY myself.
Jamey Williams

Link Posted: 9/10/2005 2:30:07 PM EDT
No. 3 is questionable-the "complete rifle before the ban" requirement was an ATF interpretation of the Federal Ban. No New York Court nor the State Police or Attorney General's office has rendered a similar opinion on the New york statute. The New York statute is similiar, but not identical to the defunct federal ban and differs as far as AR receivers go. (a Colt AR 15 receiver is an assault rifle in and of itself, regardless of features for example). So this one is a toss up.

From section 265 of the penal Law-definition of an assault rifle includes-



(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;




Link Posted: 9/11/2005 6:11:18 AM EDT
Guys, thanks for the help. I think I am going to help my brother get some mags that were made by manufactres that existed/only made them well before the ban. I understand that my USGI twentys were made from the 1960s until the 1970s according to Troys "Mag FAQ."
Might have a few more questions in the near future, Thanks again smoothie, JayJay4735, and ACDer


Link Posted: 9/11/2005 8:00:48 AM EDT
jameydan - I'm about an hour and mins away from Lake George - if he needs to get some trigger time after the build/purchase I'd be more than willing to invite him to my range outside of Schenectady, NY.

I do think there are several other members up north, closer in the Glens Falls and/or Saratoga area who may not have seen this thread yet.
Link Posted: 9/11/2005 4:33:38 PM EDT
HKgnnr,
thanks for the offer. I will let him know. Some range time could only get him more pumped about it. He actually lives in Ft Edward, just outside Glens Falls. Might help to have some assistance in his area with either finding a preban lower or pre ban rifle. He has done a lot for me and I want to help him on this one as much as I can - ideally building him one.
thanks, Jamey
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