Does anyone know if I can build a "Post-ban" AR using a new/currently made lower?
I tried reading the law on NYSRPA but I don't speak legal!
with no bayo lug/flash suppressor/etc: yes
with any of the above: no
basically just follow what was legal under the federal AWB and you should be fine from my understanding of NY's AWB
From what I've read at the NRA-ILA site which lists the codes, the letter of the law says that any copy of a Colt AR-15 not legally possessed before 9/94 is illegal . . .
That said every dealer I have spoken to says that the law is / was enforced the same as the federal ban so new, post ban compliant rifles are legal, and that they can and have sold many new manufacture / builds (post ban compliant) since 9/94.
They are reluctant to sell only a receiver as they dont know how yo are going to build it (and they dont make as much $$$)
The only question I have is how some new DA, liberal judge, or politician will interpret the law now that the federal ban has sunset and they dont have the BATF interpreting the law.
If anyone has any official statement from the NY Dept of Justice or whatever it is on this I'd be glad to hear it.
The Federal courts have determined that post-ban AR-15 series rifles were not identical in function to the original AR-15 series rifles. A post ban configured AR-15 series rifle is not a SAW under NYS law. It is a semiautomatic rifle and is no different then any other semiautomatic rifle manufactured in the U.S.
22. "Assault weapon" means (a) a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least two of the
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a
If the rifle is a semi-automatic with the ability to accept a detachable magazine you are limited to ONE of the features listed above. There really is nothing more to say on the subject.
I have not seen it explained that way before and it clears up where the confusion is over "copy of ".