Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
11/22/2017 10:05:29 PM
Posted: 9/13/2004 6:44:54 PM EST
I have some rather interesting news for all of us in NYS ( NYC included ) I sent a email out earlier this morning to ATF and got a reply back before the end of the day which was nice of them, but anyways the email i sent was in regards to gun restrictions in new york state. I told him that i was an AR15 owner and heard that NYS had its own restrictions even though the assault ban was over and asked for any information they could give me regarding this matter and the email said to contact NYPD for those of you in NYC or (NYSP) New York State Police for everyone else in NYS with any questions but as far as they know NYS dosent have any assault weapons ban it was just the federal one......so we might be in the clear after all...

See you guys at the show in cuse
Foro
hug.gif
Link Posted: 9/13/2004 7:23:27 PM EST
It'd be nice, but
ATF is full of shit, like usual
caselaw.lp.findlaw.com/nycodes/c82/a68.html
from the definition section

22. "Assault weapon" means (a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two of the
following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two of the following
characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
the weapon;
(iii) a fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable
magazine and has at least two of the following characteristics:
(i) an ammunition magazine that attaches to the pistol outside of the
pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is
unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm;
or
(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;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
(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.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, manufactured after September
thirteenth, nineteen hundred ninety-four, that has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition; provided, however, that such term does not include
an attached tubular device designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.



from farther down

S 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:
.
.
.
(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D
felony.



for another source go to the atf website and find their list of pdf files for each state. has the exact same info
Link Posted: 9/13/2004 10:39:51 PM EST

Originally Posted By MForo:
I have some rather interesting news for all of us in NYS ( NYC included ) I sent a email out earlier this morning to ATF and got a reply back before the end of the day which was nice of them, but anyways the email i sent was in regards to gun restrictions in new york state. I told him that i was an AR15 owner and heard that NYS had its own restrictions even though the assault ban was over and asked for any information they could give me regarding this matter and the email said to contact NYPD for those of you in NYC or (NYSP) New York State Police for everyone else in NYS with any questions but as far as they know NYS dosent have any assault weapons ban it was just the federal one......so we might be in the clear after all...

See you guys at the show in cuse
Foro



Huh? Are they kidding? What a friggin joke! Maybe the janitor answered the phone?

There IS an AWB in NY.
Link Posted: 9/14/2004 2:06:35 AM EST
Well, in the BATFE's defense, to them there really isn't a ban anymore in NY that they are responsible for. They are a federal agency, charged with enforcing federal law. State law is not their concern and I'm sure they couldn't care less what type of ban NYS has. The funny thing is, now in NY anyone with post-9/94 "assault weapons" is only going to be busted by the state or local LE. The BATFE doesn't care anymore about that crap.

Lesson learned, don't try to get state law information from a federal agency. Contact the NYSP or NYS Attorney General's Office.
Link Posted: 9/14/2004 2:09:05 AM EST
Link Posted: 9/14/2004 3:14:25 AM EST

Originally Posted By Aimless:
I doubt anyone in the NYSP understands the state AWB, lol.



I'm told the same thing buy some of my local gunsmiths.
Link Posted: 9/14/2004 7:55:30 AM EST

Originally Posted By Aimless:
I doubt anyone in the NYSP understands the state AWB, lol.



I doubt that the politicians who put it into law understand it either. It would be a miracle if any of these dipweeds thoroughly read and fully understand most of the bills they vote on.
Link Posted: 9/14/2004 10:00:50 AM EST
how do we repeal a NYstate law, Balzack your a lawyer?
Link Posted: 9/16/2004 4:47:30 PM EST

Originally Posted By A-nus:
how do we repeal a NYstate law, Balzack your a lawyer?


Talk to your politicians, but with the liberal voting block from Downstate, we are screwed. Don't forget to send George Pataki an email thanking him for screwing us over and giving you another reason to leave NYS.
Top Top