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12/6/2019 7:27:02 PM
Posted: 6/4/2008 6:41:50 AM EST
[Last Edit: 6/4/2008 6:43:19 AM EST by thirsty]
Need to be an AKforum member


Originally posted by USGIgunsmith:
I just moved OUT of NY state. Perhaps I can lend some insight.

The first thing you need to know. I was not impressed with the caliber of law officers in NYS. Low quality individuals that attempt to push their weight around inside or outside the law. Just like everywhere else but more so. The same goes for judges in local courts and JPs - but hey somebody had to finish at the bottom of their class in law school... Even when that law school was at Alfred State.

Second thing you need to know is that NY women are liberal idiots. If you own firearms you are pre-judged to be a "bad person" and "potential criminal". As a result NY men are even bigger wimps who have been beaten into submission by their passive aggressive wives. If it were not for the willingness to be pantywaist wimps NY men would not be afforded the opportunity to marry or breed. Of course NY marriages last only a few years and are quasi-sexless.

Regarding your rifle...

Actually If you can show that you built or bought the rifle in SC legally post 2004 expiration of the fed AWB. Then you subsequently moved into NY state with it I do not see how they could make you remove features from the rifle legally.

The law says you cannot buy or make in the state. The law does not say that you cannot bring items legally possessed while a resident of another state into the state.

Also the NYS assault weapon ban has numerous loopholes. If you are a veteran or Fire or police reservist or a qualified marksmanship instructor or qualified security officer etc etc the ban does not apply and you can legally possess semi-automatic assault weapons such as an AR-15 or AKM clone. Anybody can go down and enroll in a two day security officer course for what $150? Food for thought.

Also if you are the sole employee of a private security corporation the ban would not apply. Incorporating in NYS costs about $80. You could hire yourself to be the night watchman at your home every night for say $1 a year. The corporation can legally purchase and possess weapons considered a semi-automatic assault weapon as the NY AWB only applies to individuals and NOT corporations. As a corporation you could build weapons as a operating function of the corporation and/or purchase the weapons in another state (they are long arms) and legally bring them into NYS.

Another option would be to incorporate as a holding company for the purpose of investing in antiques and firearms. Items such as antiques, art work and collectible firearms could be on the property books of the corporation and held as a long term investment of the holding company.
There is no law that says one firearms is more collectible or a better investment than any other. What is bought is up to the discretion of corporate management. The holding company could also do other things such as invest in publicly traded securities or privately traded limited partnerships etc... if you are an officer of a corporation the government cannot tell you how to run the corporation as long as you run it legally. Corporations (and trusts) can and do own both title one and two fireams in New York State. Corporate activities such as these are not effected by laws written in regard to individuals. An entirely different set of laws are written in regard to corporations. Corporations can generally do anything the government can do in regard to title one firearms. Rights are unrestricted.

For the record in many states where title two firearms are restricted to individuals ownership through a trust or corporation is the open door and often the only means to legally own certain firearms. State legislatures in Citizen Unfriendly states such as NY and NJ and MASS are very reluctant to restrict the rights of corporations. It's a third rail they know if they touch it their career as a politician will be over. Corporations have too much money and too much clout to allow their rights to be restricted arbitrarily and capriciously. Corporations hire coucil and lobbyists to kill such proposed legislation. And in this regard being a small corporation has certain advantages. Your rights will always be protected by the big guys. Large multinational corporations that seem to live forever and have nearly unlimited power- as long as they dot "i"s and cross "t"s and go through the necessary red tape they can do just about anything the government can do and they know it. What a corporation can do is nearly unlimited. You incorporate and follow the same rules then what you can do is nearly unlimited too.

This does not mean that a law officer will not try to buffalo you or push you around out of their own ignorance or cowardly bullyness. They do that everywhere. You will certainly need to at times explain the facts and push back. One tactic they might use is to ignore what you have to say and ignore corporate status etc. In that case you may need to file a lawsuit before they back down. If you do not have the moxy or personal bearing to execute any of the above I suggest that you go out on a head boat and dispose of all of your weapons by deep water dumping or leave everything in South Carolina.


I see some bad advice which instantly brings the rest into question.

It reeks of bullshit though I'm not sure simply due to the fact I have no idea what this guy is talking about. Seems to me if this was fact we'd be discussing it day in and day out and everybody on this forum would be the proud owner of a private security company.

ETA: If this is bullshit, I want to slam the guy as he is giving this advice to someone moving into the state who doesn't know any better. Shit, I don't know any better.
Link Posted: 6/4/2008 7:27:46 AM EST

Originally Posted By thirsty:
Need to be an AKforum member

Originally posted by USGIgunsmith:
I just moved OUT of NY state. Perhaps I can lend some insight.

The first thing you need to know. I was not impressed with the caliber of law officers in NYS. Low quality individuals that attempt to push their weight around inside or outside the law. Just like everywhere else but more so. The same goes for judges in local courts and JPs - but hey somebody had to finish at the bottom of their class in law school... Even when that law school was at Alfred State.

Second thing you need to know is that NY women are liberal idiots. If you own firearms you are pre-judged to be a "bad person" and "potential criminal". As a result NY men are even bigger wimps who have been beaten into submission by their passive aggressive wives. If it were not for the willingness to be pantywaist wimps NY men would not be afforded the opportunity to marry or breed. Of course NY marriages last only a few years and are quasi-sexless.


These 2 paragraphs are pure blanket statements, which means this guy has no credibility (to me) as far as I'm concerned. Not sure about the rest of it. But either way, even if you find someone here who can prove he is wrong, I'll bet he won't listen to it anyway.

Link Posted: 6/4/2008 11:40:48 AM EST
He is full of $h1+ Thirsty, and I wouldn't blame you for calling him on in. Sounds as though this guy has some issues. I'll speculate on a few. Problems with LEO's (most likely brought on by himself). Problems with both men and women living in NYS (maybe a sociopath, maybe just bitter that "real girls" won't talk to him). Problems with state colleges (hates his job and wishes he had gone to law school @ Alfred State). Problems with people taking him seriously (which is why he posts all that "look at me, I'm important and knowledgeable" trash on a gun forum).

All joking aside....I truly hope that the other posters in that thread see him for what he is, and disregard his entire post.
Link Posted: 6/4/2008 12:43:26 PM EST
USGIGunsmith has no clue!
Link Posted: 6/4/2008 12:55:00 PM EST

Originally Posted By NY_Shooter:

Originally Posted By thirsty:
Need to be an AKforum member

Originally posted by USGIgunsmith:
I just moved OUT of NY state. Perhaps I can lend some insight.

The first thing you need to know. I was not impressed with the caliber of law officers in NYS. Low quality individuals that attempt to push their weight around inside or outside the law. Just like everywhere else but more so. The same goes for judges in local courts and JPs - but hey somebody had to finish at the bottom of their class in law school... Even when that law school was at Alfred State.

Second thing you need to know is that NY women are liberal idiots. If you own firearms you are pre-judged to be a "bad person" and "potential criminal". As a result NY men are even bigger wimps who have been beaten into submission by their passive aggressive wives. If it were not for the willingness to be pantywaist wimps NY men would not be afforded the opportunity to marry or breed. Of course NY marriages last only a few years and are quasi-sexless.


These 2 paragraphs are pure blanket statements, which means this guy has no credibility (to me) as far as I'm concerned. Not sure about the rest of it. But either way, even if you find someone here who can prove he is wrong, I'll bet he won't listen to it anyway.



Beat me to it! That's exactly what I was going to post. I don't think Alfred even has a Law school. Quite the broad brush to paint with.
Link Posted: 6/4/2008 3:58:30 PM EST
I found what I was looking for. Article 265, section 20 Exemptions, part 16. No exemptions under article 265 cover "assault weapons."


16. The terms "rifle," "shotgun," "pistol," "revolver," and "firearm" as used in paragraphs three, four, five, seven, seven-a, seven-b, nine, nine-a, ten, twelve, thirteen and thirteen-a of this subdivision shall not include a disguised gun or an assault weapon.
Link Posted: 6/4/2008 5:30:04 PM EST
[Last Edit: 6/4/2008 6:31:05 PM EST by wifd552]
Thirsty, the NYS Weapons laws are quite confusing so please do not take this as criticism. I am posting this so that others may be able to correctly interpret the law as it is written. It is by no means an insult to you, as I am a LEO in NYS and some of my coworkers have no idea what they are doing when it comes to firearms and the laws that govern them. Having brought that up, I would like to put out a warning of sorts out to all those here who exercise their 2nd Amendment rights in NYS. As you may already know, for the most part, everyone in New York is afraid of guns and thereby automatically label all those who own them, LEO's INCLUDED. (Note: I am not trying to bash my own, but I am very disappointment with their response and level of professionalism on this one.) There was a recent incident in my department where an officer stopped an individual on the way to the range with a number of rifles in the vehicle. Upon inspection, they found a number of rifles including two AK variants, an AR, and an UZI. The presence of a 32 round magazine for the Uzi came into question and the amount of incorrect information being spewed about by officers was absolutely pathetic. Most had absolutely no idea what they were talking about, were not aware of the implications of the Sept. 13, 1994 AWB, and suggested action ranging from arrest and seizure, confiscation, and no crime being committed. Thankfully there was a supervisor on scene who made the correct decision and determined that no crime had been committed. Even now there is fallout and misinformation being circulated about the incident, officers suggesting arrest for criminal sale of firearm based upon the possession of 5 or more firearms when the rifles possessed are not even considered "firearms" per definition in the law. Please, Please, Please, default to your most common sense approach when dealing with LEO concerning your firearms. Transport them to the range in opaque containers, preferably locked and definately unloaded. I realize that most folks on here know there rights and the law better than my coworkers, but please realize that they will always win, at least in the short term. Why subject yourself to the hassel. Well.... Now that I got that out. For my original topic, Thisty, the Exemptions actually do apply to assault weapons for exempt individuals. This is because the laws stated in the beginning of the exemptions section, namely section 265.02 sub.07 CPW 3* references assault weapons. Thereby, exempt individuals are exempt from prosecution for the law sections stated in the beginning of the exemptions section. However, exempt individuals do not include all persons named by the author of that ridiculous quote in the beginning of the thread. I hope I didn't confuse anyone, feel free to ask if you have any questions. I don't want to see law abiding gun owners getting jammed up for nothing.
Link Posted: 6/4/2008 5:41:28 PM EST
In addition, to respond to your question reference this guy's post at akforum. He is completely incorrect reference purchasing post FEDERAL AWB in another state and transporting them to NYS with ban features. If you are not an exempt individual, and possess an assault weapon with detachable mag plus two "evil" features, you WILL BE arrested and this is a legitimate and lawful arrest. He is right about one thing though, they will not make you remove the features, they will remove your rifle, and they will remove YOU from society. The burden for weapons in this classification is MERE POSSESSION. Again, please feel free to ask if you have any questions.
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