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Posted: 9/16/2004 9:44:55 PM EST
I am aware of NYC law still banning "assault" rifles, and high cap mags. They also require you to register rifles and shotguns and have a permit.


I have purchased rifles and shotguns outside of NYC (Westchester Co.) without a NYC permit even though I am an NYC resident. It is my responsibility not to break the ridiculous law and bring them into the Bronx where I live.


That being said, now that there is no assault rifle ban federally, but still locally, wouldn't the same apply for purchasing an assault rifle in Westchester???? i.e. No problem -- My responsibility not to bring it to the Bronx/NYC ???


That is my interpretation, however FFL's I've contacted had no straight answer for me, some said "get a permit for it" which isn't possible since they are banned. Others said straight out NO. Others said I'll get back to you. I hope/think I am right, but I think they are scared to deal with me because I'm from the republic of New York City. I guess the bottom line is some dealers say they must abide by thier counties laws, and some dealers say they must MAKE you abide by YOUR counties laws. I think its the first case, based on the fact that I can purchase rifles/shotguns without a permit in Westchester.


Does anyone know if my interpretation is correct?? PLLLLLLLEAAAAASE TELL ME YES, I NEED MY AR :)

ALSO! Any FFL's here in the Westchester/L.I. area that want to transfer some long guns and an assault rifle for me, please let me know!
Link Posted: 9/16/2004 9:49:29 PM EST
woah woah woah..... hold on

i was just reading some other posts.... THERES A STATEWIDE BAN AS WELL AS NYC????? NO WAY?!?!?!? PLEASE TELL ME IM WRONG!
Link Posted: 9/16/2004 10:05:48 PM EST

Originally Posted By fixxxer0:
woah woah woah..... hold on

i was just reading some other posts.... THERES A STATEWIDE BAN AS WELL AS NYC????? NO WAY?!?!?!? PLEASE TELL ME IM WRONG!



NY State's ban is the federal ban sans sunset clause.

NYC's is more like California's (eg no ARs period)...

And to answer the original question, as long as it is a post-94, pre-04 civvie legal gun, or a pre-94 gun, it is legal in NY outside of NYC.

Your job to find a place to LEGALLY store it.
Link Posted: 9/16/2004 10:19:41 PM EST
[Last Edit: 9/16/2004 10:21:07 PM EST by chrome1]
Since I've learned that offering any advice on NY laws here will get me spanked .

I will offer what I've seen with my own eye's ONLY AS MY OPINION and that
you should get Official advice from a lawyer or the enforcing agency .

I've seen plenty of people with NYC addresses buying weapons that are banned in the city in the shops around here ( Dutchess County ) . And I've heard them get warned that if they take them to the city they will be breaking a law .

As for the NYS ban ... Yes there is one , it mirrors the federal one that just went away .
Pre bans are OK in most of the state except in a few city’s besides NYC . Neutered Post Ban weapons are also legal to own except where noted above .



Link Posted: 9/16/2004 11:05:17 PM EST

And to answer the original question, as long as it is a post-94, pre-04 civvie legal gun, or a pre-94 gun, it is legal in NY outside of NYC.

-------------


I am so confused, what about the federal ban that expired? Can I get assault rifles that were produced After Sept 14th, 2004 ????

Or are you saying that NYS has a ban just like the old Federal ban, and the only way around it is a "post-ban" (during the ban era) rifle??


sorry im really confused and mad, i hate NY, but i love it....
Link Posted: 9/17/2004 12:21:11 AM EST
We can not buy or assemble any semi auto AW style firearms that are post made 9/94 due to the state law. You can buy from within or from outside the state all you want for anything considered preban under the expired federal law that NY adopted in 2000. I would still check local laws as there are small pockets of areas that may have restrictions.
Link Posted: 9/17/2004 12:35:29 AM EST
Link Posted: 9/17/2004 1:00:47 AM EST

Originally Posted By fixxxer0:
And to answer the original question, as long as it is a post-94, pre-04 civvie legal gun, or a pre-94 gun, it is legal in NY outside of NYC.



YES



I am so confused, what about the federal ban that expired? Can I get assault rifles that were produced After Sept 14th, 2004 ????


Yes , But they cannot have a Bayo Lug , Or a Flash Hider.


Or are you saying that NYS has a ban just like the old Federal ban, and the only way around it is a "post-ban" (during the ban era) rifle??


During Ban weapons (1994-2004) are legal , No Ban weapons ( After Sept 13th 2004 ) are legal , as long as they comply to NY States Ban , which will never expire , and is basically the same as the federal one that just expired .


sorry im really confused and mad, i hate NY, but i love it....


Welcome To NY


Link Posted: 9/17/2004 1:17:52 AM EST
Link Posted: 9/17/2004 3:46:46 AM EST
thank you guys.... everything is clear now....


however its not the answer i wanted to hear :(
Link Posted: 9/17/2004 5:03:32 AM EST
New York City can only restrict the possession of magazines and assault type or other firearms within the City of New York. New York City cannot restrict the possession of any firearm (or anything else) outside the City of New York.

Here is your problem. FFL's are required under the terms of their license to comply with the firearm laws of all States and Local jurisdictions. Since it is illegal to possess an AW as a resident of NYC I would not expect and FFL to do the transfer.

You should establish a second residence outside NYC which you can use to store and for transfer of your rifles.
Link Posted: 9/17/2004 11:03:33 AM EST
too late, ffl already did it for me :)


and no, they are required to abide by THIER jurisdiction laws, not the buyers. its my responsibility not to break any NYC laws.
Link Posted: 9/17/2004 3:28:30 PM EST

Originally Posted By fixxxer0:
too late, ffl already did it for me :)


and no, they are required to abide by THIER jurisdiction laws, not the buyers. its my responsibility not to break any NYC laws.



That is incorrect. We're talking Federal Law that applies to the FFL and not NYC Law that applies to you. An FFL is required under Federal Law and as a condition of his FFL license to both know and be in compliance with all State and Local laws in the buyers jurisdiction. If a firearm is restricted in the buyers jurisdiction he is prohibited from transferring the firearm.
Link Posted: 9/17/2004 7:08:14 PM EST
How can that possibly be true if EVERY FFL lets a NYC resident buy a rifle even though you have to have a permit and register to posses in NYC. Its not.


Link Posted: 9/17/2004 7:30:57 PM EST
hink .
Link Posted: 9/17/2004 7:32:45 PM EST

Originally Posted By fixxxer0:
And to answer the original question, as long as it is a post-94, pre-04 civvie legal gun, or a pre-94 gun, it is legal in NY outside of NYC.

-------------


I am so confused, what about the federal ban that expired? Can I get assault rifles that were produced After Sept 14th, 2004 ????

Or are you saying that NYS has a ban just like the old Federal ban, and the only way around it is a "post-ban" (during the ban era) rifle??


sorry im really confused and mad, i hate NY, but i love it....





There, I fixed it for you!
Link Posted: 9/18/2004 5:47:16 AM EST
For those of us on LI , what exactly has changed since 9-14-04 ?
Link Posted: 9/18/2004 6:21:14 AM EST

Originally Posted By fixxxer0:
How can that possibly be true if EVERY FFL lets a NYC resident buy a rifle even though you have to have a permit and register to posses in NYC. Its not.





A NY FFL holder is not prohibited from transferring non-banned rifles/shotguns to NYC residents because it is legal for a NYC resident to possess an unregistered rifle/shotgun prior to registering it. If you fail to register it within the specified time period he cannot be held responsible for that. It is illegal for an FFL to transfer an assault weapon because there is no provision under NYC Law for a NYC resident to possess or register it at anytime.
Link Posted: 9/18/2004 6:22:32 AM EST

Originally Posted By rogerdodger:
For those of us on LI , what exactly has changed since 9-14-04 ?



Nothing.
Link Posted: 9/18/2004 12:13:56 PM EST

Originally Posted By rkbar15:

Originally Posted By rogerdodger:
For those of us on LI , what exactly has changed since 9-14-04 ?



Nothing.



What has changed:

1) We can now buy "prebans" as cheaply as any other lower, except they're used, unlike the rest of the country who can assemble NEW prebans.

2) Post ban type uppers will become somewhat rare, unless you are buying a target style upper. Why would manufacturers want to produce these "specialty" type guns for a minority of the AW buying public?

3) Cheap ass fake collapsible stocks.

4) Tons of used hicap mags will be available...conversely, many many people will be selling post ban "LEO" mags to anyone and people in this state will have to be careful of what we buy.

5) There will no longer be such a thing as a "safe queen" unless its a very very early era AR15 or M14.

So in reality, everything has changed for us in NY.
Link Posted: 9/18/2004 2:45:25 PM EST

Originally Posted By rkbar15:

Originally Posted By fixxxer0:
How can that possibly be true if EVERY FFL lets a NYC resident buy a rifle even though you have to have a permit and register to posses in NYC. Its not.





A NY FFL holder is not prohibited from transferring non-banned rifles/shotguns to NYC residents because it is legal for a NYC resident to possess an unregistered rifle/shotgun prior to registering it. If you fail to register it within the specified time period he cannot be held responsible for that. It is illegal for an FFL to transfer an assault weapon because there is no provision under NYC Law for a NYC resident to possess or register it at anytime.



Not correct, NYC residents can legally purchase all the assault rifles they want, As long as they do not bring them within NYC city limits. Many NYC residents own so called assault rifles & store them out of the city.
Link Posted: 9/19/2004 3:19:09 PM EST
[Last Edit: 9/19/2004 3:20:49 PM EST by rkbar15]
It is the FFL who is restricted from transferring an AW to a NYC resident. You are confusing possession of an AW outside of NYC by a NYC resident (which is legal) with the transfer of an AW by an FFL to a NYC resident. The issue isn’t the possession but the FFL’s transfer. This is no different then if you or I went to Pennsylvania and wanted an FFL to transfer a noban SAW which we can legally possess in PA but are prohibited from possessing in NY. It would be unlawful for the FFL to make the transfer because it is illegal for us to possess it in our state of residence.

This is my understanding of the BATFE transfer regulations. Its quite possible my understanding is incorrect. An FFL should contact the ATF and get an opinion letter as to whether the transfer is lawful if it is not clear to them.

Link Posted: 9/19/2004 3:46:55 PM EST
[Last Edit: 9/19/2004 3:53:26 PM EST by garr]

Originally Posted By rkbar15:
It is the FFL who is restricted from transferring an AW to a NYC resident. You are confusing possession of an AW outside of NYC by a NYC resident (which is legal) with the transfer of an AW by an FFL to a NYC resident. The issue isn’t the possession but the FFL’s transfer. This is no different then if you or I went to Pennsylvania and wanted an FFL to transfer a noban SAW which we can legally possess in PA but are prohibited from possessing in NY. It would be unlawful for the FFL to make the transfer because it is illegal for us to possess it in our state of residence.

This is my understanding of the BATFE transfer regulations. Its quite possible my understanding is incorrect. An FFL should contact the ATF and get an opinion letter as to whether the transfer is lawful if it is not clear to them.




Still not correct
NYC residents are not Prohibited from owning assault rifles, They are prohibited from possessing them in NYC limits. Any NYS FFL (Located Out side of the 5 boros) can sell any NY state resident any long gun he wants as long as he passes the NICS check (NYC residents included).
I Have never been to a NYS FFL who would not sell to a NYC resident, Most do not want to see your rifle shotgun permit & do not have the forms required for registering a Rifle/Shotgun in NYC;
To their credit all I have delt with informed me of NYC law & told me what was legal to bring into NYC.

People who had assault rifles registered in NYC (Myself included) when the ban took effect back in the early 90s were not told they could not own them, Only to remove them from the confines of NYC, Have them converted so as not to fit the definition of an assault rifle (EX, Remove the Folding stock from a Mini 14 folder & Have a gunsmith submit a letter stating that the work was completed) or turn them in for destruction. I still have the letter sent to me by the NYPD.

PS: The bullshit New York City Council Cannot pass any laws, Only local ordanances That really mean Jackshit.
Link Posted: 9/19/2004 4:11:08 PM EST

Originally Posted By garr:

Originally Posted By rkbar15:
It is the FFL who is restricted from transferring an AW to a NYC resident. You are confusing possession of an AW outside of NYC by a NYC resident (which is legal) with the transfer of an AW by an FFL to a NYC resident. The issue isn’t the possession but the FFL’s transfer. This is no different then if you or I went to Pennsylvania and wanted an FFL to transfer a noban SAW which we can legally possess in PA but are prohibited from possessing in NY. It would be unlawful for the FFL to make the transfer because it is illegal for us to possess it in our state of residence.

This is my understanding of the BATFE transfer regulations. Its quite possible my understanding is incorrect. An FFL should contact the ATF and get an opinion letter as to whether the transfer is lawful if it is not clear to them.




Still not correct
NYC residents are not Prohibited from owning assault rifles, They are prohibited from possessing them in NYC limits. Any NYS FFL (Located Out side of the 5 boros) can sell any NY state resident any long gun he wants as long as he passes the NICS check (NYC residents included).
I Have never been to a NYS FFL who would not sell to a NYC resident, Most do not want to see your rifle shotgun permit & do not have the forms required for registering a Rifle/Shotgun in NYC;
To their credit all I have delt with informed me of NYC law & told me what was legal to bring into NYC.

People who had assault rifles registered in NYC (Myself included) when the ban took effect back in the early 90s were not told they could not own them, Only to remove them from the confines of NYC, Have them converted so as not to fit the definition of an assault rifle (EX, Remove the Folding stock from a Mini 14 folder & Have a gunsmith submit a letter stating that the work was completed) or turn them in for destruction. I still have the letter sent to me by the NYPD.

PS: The bullshit New York City Council Cannot pass any laws, Only local ordanances That really mean Jackshit.



Actually, when I was working at Edelman's, I was told to NEVER sell a gun to a NYC resident. They said it was an illegal sale, no matter how you cut it. Dunno if they were being careful or if it was a legal issue, but they were emphatic about it being illegal.
Link Posted: 9/19/2004 4:25:19 PM EST
[Last Edit: 9/19/2004 4:32:05 PM EST by garr]

Originally Posted By Balzac72:

Originally Posted By garr:

Originally Posted By rkbar15:
It is the FFL who is restricted from transferring an AW to a NYC resident. You are confusing possession of an AW outside of NYC by a NYC resident (which is legal) with the transfer of an AW by an FFL to a NYC resident. The issue isn’t the possession but the FFL’s transfer. This is no different then if you or I went to Pennsylvania and wanted an FFL to transfer a noban SAW which we can legally possess in PA but are prohibited from possessing in NY. It would be unlawful for the FFL to make the transfer because it is illegal for us to possess it in our state of residence.

This is my understanding of the BATFE transfer regulations. Its quite possible my understanding is incorrect. An FFL should contact the ATF and get an opinion letter as to whether the transfer is lawful if it is not clear to them.




Still not correct
NYC residents are not Prohibited from owning assault rifles, They are prohibited from possessing them in NYC limits. Any NYS FFL (Located Out side of the 5 boros) can sell any NY state resident any long gun he wants as long as he passes the NICS check (NYC residents included).
I Have never been to a NYS FFL who would not sell to a NYC resident, Most do not want to see your rifle shotgun permit & do not have the forms required for registering a Rifle/Shotgun in NYC;
To their credit all I have delt with informed me of NYC law & told me what was legal to bring into NYC.

People who had assault rifles registered in NYC (Myself included) when the ban took effect back in the early 90s were not told they could not own them, Only to remove them from the confines of NYC, Have them converted so as not to fit the definition of an assault rifle (EX, Remove the Folding stock from a Mini 14 folder & Have a gunsmith submit a letter stating that the work was completed) or turn them in for destruction. I still have the letter sent to me by the NYPD.

PS: The bullshit New York City Council Cannot pass any laws, Only local ordanances That really mean Jackshit.



Actually, when I was working at Edelman's, I was told to NEVER sell a gun to a NYC resident. They said it was an illegal sale, no matter how you cut it. Dunno if they were being careful or if it was a legal issue, but they were emphatic about it being illegal.



We are talking about the same Place here, Edelmans on Sherwood drive in Farmingdale right off of rte 110.
I bought many guns (Assault rifles included) at Edelmans when I was a NYC resident using only my DL. My NYC resident girlfriend (Now my wive of 17 years) bought me a Colt AR15 Carbine as a birthday present using only her DL from Edelmans.
Link Posted: 9/19/2004 4:34:56 PM EST

Originally Posted By garr:

PS: The bullshit New York City Council Cannot pass any laws, Only local ordanances That really mean Jackshit.



I disagree with that. Violating the assault weapons law in New York City is an ungraded misdemeanor and can cost you up to a year in jail, $1000 fine and $10000 in civil fines. In addition, all 5 DA offices have a policy of no plea bargains in weapons cases without jail time. Typical for violation of the assault weapons law (or having a rifle without a permit) is having to spend 3 or 4 weekends in jail.
Link Posted: 9/19/2004 5:00:53 PM EST

Originally Posted By Phil_A_Steen:

Originally Posted By garr:

PS: The bullshit New York City Council Cannot pass any laws, Only local ordanances That really mean Jackshit.



I disagree with that. Violating the assault weapons law in New York City is an ungraded misdemeanor and can cost you up to a year in jail, $1000 fine and $10000 in civil fines. In addition, all 5 DA offices have a policy of no plea bargains in weapons cases without jail time. Typical for violation of the assault weapons law (or having a rifle without a permit) is having to spend 3 or 4 weekends in jail.



I Thank God every day that I now live in Nassau County (& Own a house in PA if NYS goes down the tubes)
Link Posted: 9/20/2004 6:18:24 AM EST
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