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Posted: 5/25/2003 12:53:01 PM EDT
Probably no lawyers here, but if I read the law correctly, I've got problems.

In Article 265.02, paragraph 7, possession of an assault weapon in NY is a class D felony (criminal possession of a weapon in the third degree)

The definition of assault weapon (S 265.0, paragraph 22) has the standard datchable magazine with two of the "evil" features that we all use. A second definition includes "any weapons, functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as"..."Colt AR-15".

If the gun known as the "Colt AR-15" includes a post ban version, then in seems to be illegal in NY state. The only hope would be that the "Colt AR-15" was never made by that name in a post ban version. At the very least, it seems that possession of a stripped receiver is a Class D felony because it can be assembled into a preban Colt AR-15.

What confuses me is the prevalence of these weapons in the gun shops.

Interestingly, the pre-ban versions that have been legally acquired are excepted, but it seems that a transfer of a preban would be illegal. These also are readily available in the gun shops.

Any thoughts?
Link Posted: 5/25/2003 2:01:49 PM EDT
I always wondered that myself. I read that also, but to my knowlege AR's are legal.
Link Posted: 5/25/2003 2:10:42 PM EDT
The only hope would be that the "Colt AR-15" was never made by that name in a post ban version.
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I think they were all called sporter post ban and if it doesn't have the lug and flash suppresor then it really isn't a copy.
Link Posted: 5/25/2003 2:14:48 PM EDT
They stopped calling the AR15 that a while back, for political correctness: my preban "Sporter Competition H-Bar" has no sign of "AR15" on it. The postbans are called "target", "competition" or "accurized" rifles on the Colt website.
Link Posted: 5/25/2003 2:18:25 PM EDT
Anything postban legal in the rest of the country is legal in New York State other than New York City. However, when the federal AWB expires in 2004 the NYS one does not.
Link Posted: 5/25/2003 2:22:33 PM EDT
I'm not a Lawyer,(I don't even play one on TV [:D] ), but I'll try to sum it up. The NY Assault Weapon Law (for lack of a better name), is basically a copy of the 1994 Federal ban- the main difference being that the NY law is permanent - (no sunset provision as in the Federal Law). "Preban" rifles are legal to own and transfer. A rifle which meets the Federal definition of "Postban" is legal to own and transfer in NY. "Preban" magazines are also legal to own and transfer in NY There are NO rifles marked Colt AR-15 which were manufactured after the Federal Ban. Most of the NY members on this board probably own a postban AR or AK , and many surely own prebans .
Link Posted: 5/25/2003 2:36:43 PM EDT
ONE THING you guys forgot: All post-ban rifles are illegal in Albany and Rochester. Regarless of when they were made. Those citys have Kaliforniastan type bans within the City limits.
Link Posted: 5/25/2003 3:27:04 PM EDT
Originally Posted By ZRH: ONE THING you guys forgot: All post-ban rifles are illegal in Albany and Rochester. Regarless of when they were made. Those citys have Kaliforniastan type bans within the City limits.
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Unlike the New York City ban, the legality of the Albany, Rochester and I think Buffalo bans is open to question. Still, caution makes you wonder if you shouldn't follow it anyway. Unfortunately, the NYC ban has been litigated and lost. (although no one has challenged the NYC ban since the statewide law and I think a decent preemption case could be brought)
Link Posted: 5/25/2003 8:25:33 PM EDT
Originally Posted By AKsRule: I'm not a Lawyer,(I don't even play one on TV [:D] ), but I'll try to sum it up. The NY Assault Weapon Law (for lack of a better name), is basically a copy of the 1994 Federal ban- the main difference being that the NY law is permanent - (no sunset provision as in the Federal Law). "Preban" rifles are legal to own and transfer. A rifle which meets the Federal definition of "Postban" is legal to own and transfer in NY. "Preban" magazines are also legal to own and transfer in NY [red]There are NO rifles marked Colt AR-15 which were manufactured after the Federal Ban.[/red] Most of the NY members on this board probably own a postban AR or AK , and many surely own prebans .
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That is not entirely true because the Colt R6721 Tactical Carbine still had AR15 A3 roll marked on it after the ban.
Link Posted: 5/25/2003 8:40:02 PM EDT
This is why i love living in Louisiana, the state constitution says no municipality can enact an arms law more restrictive than the states
Link Posted: 5/25/2003 11:38:03 PM EDT
Originally Posted By ZRH: ONE THING you guys forgot: All post-ban rifles are illegal in Albany and Rochester. Regarless of when they were made. Those citys have Kaliforniastan type bans within the City limits.
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You folks don't have state preemption? Or you do but those two cities don't care? Which?
Link Posted: 5/26/2003 5:48:29 AM EDT
Might be a grandfather provision, if those bans preceded the state law... we've been trying to sort out that mess here in Virginia recently.
Link Posted: 5/26/2003 2:19:06 PM EDT
Originally Posted By uvalaw2005: Might be a grandfather provision, if those bans preceded the state law... we've been trying to sort out that mess here in Virginia recently.
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The preemption question is not a quick answer. Let's just say that there is no express preemption of local firearms laws in New York State. However, the main basis of challenge to the Albany-Rochester-Buffalo(?) laws is that those cities do not have the authority to enact such a law. Unfortunately, New York City probably does.
Link Posted: 5/26/2003 2:20:37 PM EDT
Abou the only way to fix NY State is to make NYC become a seperate state.
Link Posted: 5/26/2003 3:30:45 PM EDT
Originally Posted By ZRH: Abou the only way to fix NY State is to make NYC become a seperate state.
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I agree with that for a bunch of reasons. 1. I live in Manhattan. I have given up all hope of any sane or reasonable gun laws due to the rabid number of frizzy haired liberals populating the upper west side. I will leave Manhattan as soon as I can but can't for the foreseeable future. 2. The rest of New York State espouses much more sensible gun values. In fact, the rest of New York State doesn't vote for scum like Billary or Chuck Scumwad. Without the aforementioned frizzy haired liberals, it would probably be a right to carry class 3 state. 3. On a selfish note, if NYC seceded we could levy income tax on the commuters coming in which would close our budget cap. Sorry upstaters, the fact is NYC sends out a lot more $$$ to the rest of New York State than it takes back. 4. You can have Nassau but I'd like to take Suffolk with us if we can. Suffolk has nice beaches.
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