Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
Posted: 1/4/2012 3:04:34 PM EDT
I have a friend that attends law school with me here in MI, who I have infected with BRD .

He is interested in obtaining himself an AR. He is from Albany if that affects anything.

So for a (Non-Preban) lower what features can he NOT have?

Threaded Barrel?

Can he have Pinned Flash Hider?

Bayonet Lug?

Mag Capacity?

Collapsible Stock?


If he was to obtain a pre ban lower, where would be the best place to search out such and what is the average price?

Thanks fellas!

Spikes08
Link Posted: 1/4/2012 3:16:59 PM EDT
Postban is the same as the old Federal Law outside of NYC:

Can have 2 evil features - most often detachable magazine and pistol grip. In an AR that generally means.

No bayonet lug
No Flash hider or muzzle threads (unless a muzzle brake is permanently affixed)
No magazines over 10 rounds (unless the mag is preban)
No collapsible stock

If the lower is preban than you can have all the above evil features. The EE is probably the best place to find a preban lower. The conventional wisdom is that the the lower does not have to have been a complete rifle prior to Sept. 1994 for NYS.

NYS Law does not allow for SBR, suppressors or Class 3 firearms for other than dealers or LEO's.

Hope this helps!
Link Posted: 1/4/2012 3:25:43 PM EDT
[Last Edit: 1/4/2012 9:26:58 PM EDT by Spikes08]
Very helpful my good sir. Thanks!

Link Posted: 1/4/2012 6:52:13 PM EDT
Originally Posted By Bushman_269:
Postban is the same as the old Federal Law outside of NYC:

Can have 2 evil features - most often detachable magazine and pistol grip. In an AR that generally means.

No bayonet lug
No Flash hider or muzzle threads (unless a muzzle brake is permanently affixed)
No magazines over 10 rounds (unless the mag is preban)
No collapsible stock

If the lower is preban than you can have all the above evil features. The EE is probably the best place to find a preban lower. The conventional wisdom is that the the lower does not have to have been a complete rifle prior to Sept. 1994 for NYS.

NYS Law does not allow for SBR, suppressors or Class 3 firearms for other than dealers or LEO's.

Hope this helps!
All of the above is good to go EXCEPT the highlighted part in red could be misleading so my clarification, just to be on the safe side of the law. The list is correct based on what is believed legal as follows.

If you have an AR with a pistol grip & that accepts detachable magazines:
No bayonet lug
No Flash hider or muzzle threads (unless a muzzle brake is permanently affixed)
No collapsible stock

As for magazines,
10 rounds max unless preban

There is ZERO connection between magazine & rifle in so far as preban/postban status. Each is treated separately. You can use compliant post ban or any style preban magazines in either a postban rifle that meets the above or a preban rifle that has all the fun features you'd care to have. Just because you have a preban rifle does not mean you can buy post ban magazines that hold more than 10 rounds. I know this may seem like I'm being redundant but I just wanted to be sure everything was clear as when reading the original post I saw what could be misunderstood.
Link Posted: 1/4/2012 7:36:36 PM EDT

Originally Posted By StoutOfHeart:
Originally Posted By Bushman_269:
Postban is the same as the old Federal Law outside of NYC:

Can have 2 evil features - most often detachable magazine and pistol grip. In an AR that generally means.

No bayonet lug
No Flash hider or muzzle threads (unless a muzzle brake is permanently affixed)
No magazines over 10 rounds (unless the mag is preban)
No collapsible stock

If the lower is preban than you can have all the above evil features. The EE is probably the best place to find a preban lower. The conventional wisdom is that the the lower does not have to have been a complete rifle prior to Sept. 1994 for NYS.

NYS Law does not allow for SBR, suppressors or Class 3 firearms for other than dealers or LEO's.

Hope this helps!
All of the above is good to go EXCEPT the highlighted part in red could be misleading so my clarification, just to be on the safe side of the law. The list is correct based on what is believed legal as follows.

If you have an AR with a pistol grip & that accepts detachable magazines:
No bayonet lug
No Flash hider or muzzle threads (unless a muzzle brake is permanently affixed)
No collapsible stock

As for magazines,
10 rounds max unless preban

There is ZERO connection between magazine & rifle in so far as preban/postban status. Each is treated separately. You can use compliant post ban or any style preban magazines in either a postban rifle that meets the above or a preban rifle that has all the fun features you'd care to have. Just because you have a preban rifle does not mean you can buy post ban magazines that hold more than 10 rounds. I know this may seem like I'm being redundant but I just wanted to be sure everything was clear as when reading the original post I saw what could be misunderstood.

I was tracking. I will reference the statute as well.
Link Posted: 1/4/2012 9:18:53 PM EDT
Is Westlaw broken today or something?
Link Posted: 1/4/2012 9:26:38 PM EDT
Neither Westlaw or Lexis are functioning improperly.

As a starting point, I figured I would reach out to SME's behind enemy lines.


Link Posted: 1/4/2012 11:29:48 PM EDT
[Last Edit: 1/4/2012 11:34:25 PM EDT by pwr2al4]
easy, f a postban, find a preban and then make that bad boy as evil as possible.

The best places to look for prebans are the EE, gunbroker, etc. the usual places.

With a little patience there will be a deal to be had in the EE shortly im sure. Thank gd that although we still have that dumbass law, that A. its is ridiuclously simpl to completely bypass, and B. There are So many guns and gun owners in the US that either through the desire to help a fellow shoooter out, or just plain old competition, someone from out of state is constantly looking to unload a preban lower to someone who needs it in order to trade up to whatever they are looking for minus the age of the lower they want to sell.

I have no idea how people ever could have trouble finding a preban lower at a regular price, I also enjoy the fact that my uzi is just as evil and yours, as are my Ar's Fal, M1a's etc.

most people who bitch and moan about how hard we have it are doing it just cause they need to bitch and moan.

ETA Lexis is up, I was just on it a few hours ago.
Link Posted: 1/5/2012 1:14:59 AM EDT
LOOK HERE
Also the city of Albany itself has a total AWB of its own the last I checked, hopefully you don't reside within the City limits.
I'm sure someone with a better understanding of Albany's law will explain in further detail.
Top Top