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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 8/21/2005 6:24:11 PM EDT
I very much want to buy an AR-15. The issue I seem to be having is that what I read in the text of the New York Assault Weapons Ban seems to be disputed by a few of my local dealers. I need to know where I can get an exact answer and possibly written proof of exactly what I can and can't buy under the law. Should I just stop down at the local State Police barracks and ask them? I have a feeling I'll just get their interpretation of the law and not what the court system defines as a violation. Afterall, being arrested sucks but being convicted is much worse! here


Example 1 : A local gun store, "Patriotic Field Sports", has a few AR-15 style rifles in stock. One was a Colt SP-1 with flash hider and bayonet lug manufactured well before the Federal AWB. I asked the guy behind the counter, "Wouldn't I have had to possess this before September 14, 1994?"
He smiled knowingly at me and replied as he winked he
*Noteworthy - The other guy behind the counter that I talked with I asked about doing a firearm transfer told me, "I refuse to argue with you, fax copies of an FFL are not valid." I guess he hasn't seen the August 2005 FFL Newsletter yet?

Example 2 : Another local gun store, "Firearms and Ammunition", also has AR-15 style rifles. I asked if he had any LE6920 rifles in stock.
"A what?", he asked me.
"A Colt Law Enforcement marked model 6920."
"I can't sell you a law enforcement rifle unless I get a letter from your supervisor at the Police Department you work at giving you permission to buy your own gun for work use. If you're not law enforcement, I'd get arrested selling you a law enforcement-marked rifle!" (I'm not law emforcement so I'm SOL!)

*Noteworthy - When I first asked about the other AR rifles he had, I asked if he had any marked 5.56? He told me there's no difference between .223 and 5.56, they're exactly the same. I mentioned that the chambers are slightly different and that I was told that hotter 5.56 may be dangerous to use in some .223 chambered rifles.
His reply was, "Maybe when you're shooting XM-193....military ammo."
I'm hoping that was his way of saying that the 5.56 military spec ammo shouldn't be used in .223 chambered rifles. That's what SAAMI warns, too, as does the AR15 Ammo Oracle.


NOTE: The names of the stores have been changed so that I don't cause them any trouble.
Link Posted: 8/21/2005 9:20:55 PM EDT
[Last Edit: 8/21/2005 9:24:42 PM EDT by BigB1129]
As long as the rifle was manufactured before the ban went into effect its legal, doesnt matter who owned it. It can be sold to someone else. If you want to build one use a receiver that was part of a complete rifle before the ban. I wouldnt even bother going preben unless you really want to or saving money isnt too big of a deal. I was looking for a preban rifle but decided just to get a postban one instead. I saved alot of money and the only real difference is a pinned stock and muzzle break. Looks great and theres no difference in performance or accuracy then if I had bought a preban.
Im pretty sure you cant get a LE marked rifle. If you go preban I would suggest you stay away from the stores and look for deals on this site.

About the FFL, its legal for an individual to ship to an FFL. I have had my FFL fax a copy of their liscense to the seller when buying a few times.
Link Posted: 8/22/2005 2:07:05 AM EDT

Originally Posted By BigB1129:
As long as the rifle was manufactured before the ban went into effect its legal, doesnt matter who owned it. It can be sold to someone else. If you want to build one use a receiver that was part of a complete rifle before the ban. I wouldnt even bother going preben unless you really want to or saving money isnt too big of a deal. I was looking for a preban rifle but decided just to get a postban one instead. I saved alot of money and the only real difference is a pinned stock and muzzle break. Looks great and theres no difference in performance or accuracy then if I had bought a preban.
Im pretty sure you cant get a LE marked rifle. If you go preban I would suggest you stay away from the stores and look for deals on this site.

About the FFL, its legal for an individual to ship to an FFL. I have had my FFL fax a copy of their liscense to the seller when buying a few times.



You are lucky. Every FFL that I have asked in Orange County refuses to do this. They will not accept transfers from individuals.
Link Posted: 8/22/2005 5:54:52 AM EDT
Your best resource is right here, AR15.com. Lots of experts hiding here to help you out.
Link Posted: 8/22/2005 6:22:24 PM EDT

You need to get the serial #'s from the lower recievers and cross refrence them with the info HERE. This should give you all the info you need.
Link Posted: 8/22/2005 8:55:01 PM EDT

Originally Posted By Raptor22:

Originally Posted By BigB1129:


About the FFL, its legal for an individual to ship to an FFL. I have had my FFL fax a copy of their liscense to the seller when buying a few times.



You are lucky. Every FFL that I have asked in Orange County refuses to do this. They will not accept transfers from individuals.



Yea most places here wouldnt. I dont understand why they want a FFL to send to then, theres no difference all they do is take a package and send it. Anyone can do that. Many places also said "No that would be illegal, a firearm can only be shipped from a FFL to another FFL" There was no point in arguing with them.
Link Posted: 8/24/2005 11:55:42 AM EDT
You are pretty much on your own in NYS as to what constitutes a legal rifle under the NYS AWB. The NY AG's office does not issue legal opinions to non .gov inquires. The NYSP has not issued any guidelines (to my knowledge) nor has any other agency in NYS concerning the NYS AWB. You could ask the commanding officer of your local NYSP barracks if the NYSP Legal Division has issued any AWB related guidelines. Keep in mind that anything he/she tells you is not legally binding. The main problem is there are hundreds of independent law enforcement agencies operating in NYS and they may have differing opinions as to what is or isn’t legal.

A Colt LE6920 as configured from the factory is a SAW and as such is illegal to transfer/possess in NYS to a non LEO/LEA. If it was reconfigured to a postban configuration by removing the collapsible stock, bayo lug and flash suppressor prior to transfer to you it might be legal to possess. This assumes it is not a named SAW (Colt AR-15) under the AWB. In any case if the receiver is marked “Restricted/LE/Govt/Export" you would be nutz to possess it in NY even in a postban configuration.

The ATF has held the opinion that "possession" of a preban SAW required that it was legally possessed by a manufacturer, distributor, dealer or person etc. The assumption in NY is that possession has the same meaning as defined by the ATF as to its preban status.

The above is my own dumb personal opinion and not legal advice. You should always consult your personal attorney who is the only one who is qualified to provide you with competent legal advice.


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