Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 9/28/2004 1:16:55 PM EST
I can only find information on some counties and NYC reguarding the AWB.
Maybe the rest of the state is ok?
ATF site NY link only states certain counties
Link Posted: 9/28/2004 2:05:11 PM EST
[Last Edit: 9/28/2004 2:06:12 PM EST by GunnyG]

Quoted from public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN265.00$$@TXPEN0265.00+&LIST=LAW+&BROWSER=22277469+&TOKEN=10323263+&TARGET=VIEW

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.





Link Posted: 9/29/2004 2:14:47 AM EST
http://www.atf.gov/firearms/statelaws/22ndedition/newyork.pdf


Gunny G,you need to read this! Your Quote was from the 2004-25th Edition State Laws and Published Ordinances-Firearms. I was just on this ATF page and found out that anything to do with "Assault Weapons" has been removed from that Penal Law Article 265.00. Definitions. They don't list NY Consolidated Laws,so I'm not sure about if anything is listed in that. I think that if there was anything about "Assault Weapons" in the Consolidated Laws,it would have a definition in "Penal Law". I really think that we New Yorker's are being mislead by out of staters and those from those gun hating cities like Albany,NYC and so on. We need to get further clarification. As a matter of fact,how can NYS reference AWB if it no longer applies?
Link Posted: 9/29/2004 2:34:47 AM EST
It list Albany county, City of New York and Rochester county list assualt weapons and thier copies,. It says for Albany:

93-14. Scope and intent. As used herein,
"assault weapon" generally means a firearm of
such a nature and with such a high rate of fire
and/or capacity for firepower that its function as
a legitimate sports or recreational firearm is
substantially outweighed by the danger that it
can be used to kill and injure human beings.
While it is the intent, then, of this legislation to
restrict the use and possession of assault
weapons,
it is not the intent of the Common
Council to place restrictions on the use of those
firearms which are primarily designed and
intended for hunting, target practice or other
legitimate sports or recreational activities.

What does this mean?
Rochester has a different view, and I can't find where it states Pre 1994 is OK or that AW's are baned in the State?
Some one help?
ATF Link
Link Posted: 9/29/2004 2:52:50 AM EST

Originally Posted By Mk-82:
http://www.atf.gov/firearms/statelaws/22ndedition/newyork.pdf


Gunny G,you need to read this! Your Quote was from the 2004-25th Edition State Laws and Published Ordinances-Firearms. I was just on this ATF page and found out that anything to do with "Assault Weapons" has been removed from that Penal Law Article 265.00. Definitions. They don't list NY Consolidated Laws,so I'm not sure about if anything is listed in that. I think that if there was anything about "Assault Weapons" in the Consolidated Laws,it would have a definition in "Penal Law". I really think that we New Yorker's are being mislead by out of staters and those from those gun hating cities like Albany,NYC and so on. We need to get further clarification. As a matter of fact,how can NYS reference AWB if it no longer applies?

The link above references laws that were in effect as of May 1, 2000. The New York AWB was passed by the legislature in June 2000 though I do not recall when Pataki signed it. Regardless, the ATF manual is out of date.
Link Posted: 9/29/2004 3:52:52 AM EST
[Last Edit: 9/29/2004 4:07:23 AM EST by rkbar15]
The cities of New York, Albany, Buffalo and Rochester have their own version of an assault weapon ban which preceded the statewide AWB. The NYS AWB had an effective date of 11-01-2000. It was a mirror of the federal AWB which is no longer in effect outside of NYS with the exception of the sunset clause. NYS defines an AW in the same manner along with the same exceptions that were listed in the federal AWB. If a rifle was legal under the expired federal AWB it is legal today in NYS outside of the four cities listed above.

Is there something specific you want to know other then this?


This provision defines a postban by the features test:

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;


These are the banned named assault weapons:

(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;


This provision is the preban exception:

(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.



Penal Law

ARTICLE 265
FIREARMS AND OTHER DANGEROUS WEAPONS

S 265.00 Definitions.

As used in this article and in article four hundred, the following
terms shall mean and include:

...............

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.

..........

9. "Dealer in firearms" means any person, firm, partnership,
corporation or company who engages in the business of purchasing,
selling, keeping for sale, loaning, leasing, or in any manner disposing
of, any assault weapon, large capacity ammunition feeding device, pistol
or revolver.

..........

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.

Link Posted: 9/29/2004 7:09:19 AM EST

Originally Posted By Aardvark:

Originally Posted By Mk-82:
http://www.atf.gov/firearms/statelaws/22ndedition/newyork.pdf


Gunny G,you need to read this! Your Quote was from the 2004-25th Edition State Laws and Published Ordinances-Firearms. I was just on this ATF page and found out that anything to do with "Assault Weapons" has been removed from that Penal Law Article 265.00. Definitions. They don't list NY Consolidated Laws,so I'm not sure about if anything is listed in that. I think that if there was anything about "Assault Weapons" in the Consolidated Laws,it would have a definition in "Penal Law". I really think that we New Yorker's are being mislead by out of staters and those from those gun hating cities like Albany,NYC and so on. We need to get further clarification. As a matter of fact,how can NYS reference AWB if it no longer applies?

The link above references laws that were in effect as of May 1, 2000. The New York AWB was passed by the legislature in June 2000 though I do not recall when Pataki signed it. Regardless, the ATF manual is out of date.



Yup!! ATF has the 2001 23rd edition posted here as of today: www.atf.gov/firearms/statelaws/ and here is NY: www.atf.gov/firearms/statelaws/23rdedition/newyork.pdf They cite that they are current through 28 Nov '01, regarding NY state law....and it does cite the state AWB as posted above.
Link Posted: 9/29/2004 7:29:43 AM EST
[Last Edit: 9/29/2004 7:32:15 AM EST by rkbar15]
The current State Law on the ATF cite is #25. In any case you should be looking at the NYS Penal Law for the most current information.

Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives

ATF P 5300.5 State Laws and Published Ordinances - Firearms
(2004 - 25th Edition)


ATF P 5300.5 State Laws and Published Ordinances - Firearms 2004 - 25th Edition
Link Posted: 9/29/2004 7:37:01 AM EST

Originally Posted By Mk-82:
http://www.atf.gov/firearms/statelaws/22ndedition/newyork.pdf


Gunny G,you need to read this! Your Quote was from the 2004-25th Edition State Laws and Published Ordinances-Firearms. I was just on this ATF page and found out that anything to do with "Assault Weapons" has been removed from that Penal Law Article 265.00. Definitions. They don't list NY Consolidated Laws,so I'm not sure about if anything is listed in that. I think that if there was anything about "Assault Weapons" in the Consolidated Laws,it would have a definition in "Penal Law". I really think that we New Yorker's are being mislead by out of staters and those from those gun hating cities like Albany,NYC and so on. We need to get further clarification. As a matter of fact,how can NYS reference AWB if it no longer applies?



The NY law doesn't reference the expired Federal AWB. The provisions of the Federal AWB were incorporated in the applicable section(s) of the NYS Penal Law.
Link Posted: 9/29/2004 7:58:39 AM EST
Thanks RKBAR!

Today's lessons: Don't use old links when citing law...Always go the originator for the correct info...

ALTHOUGH(!!!!!)......While I fully understand the need for historical reference information, ATF should at least move all but the most current edition into a different directory when they update, to avoid this kind of confusion.... If you use the www.atf.gov/firearms/statelaws/ link, it still takes you to the 23rd edition! ....

[Admiral Akhbar] It's a trap!!!! [/Admiral Akhbar]

Link Posted: 9/29/2004 1:48:39 PM EST

Originally Posted By GunnyG:
Thanks RKBAR!

Today's lessons: Don't use old links when citing law...Always go the originator for the correct info...

ALTHOUGH(!!!!!)......While I fully understand the need for historical reference information, ATF should at least move all but the most current edition into a different directory when they update, to avoid this kind of confusion.... If you use the www.atf.gov/firearms/statelaws/ link, it still takes you to the 23rd edition! ....

[Admiral Akhbar] It's a trap!!!! [/Admiral Akhbar]





Gunny G,I have to apologize for bringing this up. I later saw that referance to be outdated. It was well into the day when I figured it out. I should've looked further into it. Maybe it was wishful thinking! Whatever it was,sorry for the mistake. The ATF should be responsible enough to update their pubs! You wouldn't me out flying my aircraft with pubs that are 4 years old,missing all supplements or changes! Today,I really stepped off on the wrong foot!
Link Posted: 9/29/2004 1:58:46 PM EST
[Last Edit: 9/29/2004 2:24:35 PM EST by GunnyG]

Originally Posted By Mk-82:



That's okay Mk82!! I made the same sort of mistake too!!!
Link Posted: 9/29/2004 4:23:01 PM EST
And now back to your regularly scheduled NYS AWB!
Link Posted: 9/30/2004 8:36:51 PM EST
I guess Im one of the lucky New Yorkers then, since for one I live in the country and 2 is im 45mins for rochester and syracuse but our county is very open and lets us play with our guns since the ban went out the window, as long as we dont go to ove board. All are welcome to come to wayne county.........
Link Posted: 10/12/2004 2:34:28 PM EST
OK,

Ive read the code till my eyes bleed, where did they get that a new manufacture after the ban took effect, if it meets the "2 of" clause, even though its definitely a copy of a COLT, etc, is legal? Obviously someone said it was cause the dealers around me kept on selling new guns. And sy they still can.

Im confused and really dont want to be made a criminal just for building an "ugly" gun.

:-)
Link Posted: 10/12/2004 5:11:54 PM EST
[Last Edit: 10/12/2004 5:34:45 PM EST by GunnyG]

Originally Posted By dchann:
OK,

Ive read the code till my eyes bleed, where did they get that a new manufacture after the ban took effect, if it meets the "2 of" clause, even though its definitely a copy of a COLT, etc, is legal? Obviously someone said it was cause the dealers around me kept on selling new guns. And sy they still can.

Im confused and really dont want to be made a criminal just for building an "ugly" gun.

:-)



Because, under state law, an "ugly gun" isn't considered to be an "Assault Weapon" if it made before and lawfully possessed prior to September fourteenth, nineteen hundred ninety-four. (Note: It doesn't state who had to possess it where).

Also, state law doesn't consider an "ugly gun" to be an "Assault Weapon" until it has 3 of the five evil features: a detachable magazine and 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

Lastly, as far as the ATF was and NYS is concerned, a Colt Match Target receiver is significantly different enough from a Colt AR-15 receiver to be allowed, even if we don't recognize the differences.
Link Posted: 10/13/2004 4:41:29 AM EST



. . . .

Lastly, as far as the ATF was and NYS is concerned, a Colt Match Target receiver is significantly different enough from a Colt AR-15 receiver to be allowed, even if we don't recognize the differences.




Thanks,

That is the statement that clears it up for me,

Dchann
Top Top