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Posted: 7/13/2010 4:45:04 PM EDT
| I live in NY where the ban is still in effect. As i understand a pre ban parts kit built on a new receiver is still considered pre ban. I guess you take the date off the front trunnion and the receiver doesn't matter. Anyone have any knowledge to share about this? |
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That sounds weird to me, but I know nothing about NY law. Just sounds weird because most of the parts kits are based on demilled military rifles that were originally built before the ban. if I understand what you're saying correctly there would be a lot of rifles that would still be legal, but it was my understanding that in NY you had to have a "rifle" that was built prior to the ban, not just a new rifle based on parts built before the ban.
I've been wrong on some of the state laws though since so many of them seem to defy logic and what makes sense to me jsut doesn't seem to matter to law makers.  
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Check with a local gun dealer they should know what you can and can't do. If I remember right there is no date on the New York ban. No matter when it was made it has to comply with state law.  Well-you remember WRONG! Of course the date matters. Why do you think new yorkers buy "pre-ban" guns? OP-don't listen to this guy's BS-NEVER seek advice from a gun dealer. Your gun had to be a full-up rifle before the ban, and in that same condition now-UNLESS-the receiver or other parts were somehow damaged-they can be replaced by the EXACT same manufacturer into the EXACT SAME configuration and a re-issue of the original serial number. since you are talking about an AK, this will not happen. (legally of course.). |
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In general, the "grandfather" clauses in firearms laws are there so the gov't doesn't have to buy the weapons (which it would if it made existing weapond illegal).
There's no reason for NY to have to "grandfather" a kit from a rifle that was built before the ban, especially when the receiver didn't exist before the ban and therefore the rifle couldn't have existed before the ban. When in doubt about state and local laws, check with a competent lawyer. |
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Quoted:
Quoted:
Check with a local gun dealer they should know what you can and can't do. If I remember right there is no date on the New York ban. No matter when it was made it has to comply with state law. Well-you remember WRONG! Of course the date matters. Why do you think new yorkers buy "pre-ban" guns? OP-don't listen to this guy's BS-NEVER seek advice from a gun dealer. Your gun had to be a full-up rifle before the ban, and in that same condition now-UNLESS-the receiver or other parts were somehow damaged-they can be replaced by the EXACT same manufacturer into the EXACT SAME configuration and a re-issue of the original serial number. since you are talking about an AK, this will not happen. (legally of course.). HOT DAMN! I actually had at least part of it correct! 
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Quoted:
Quoted:
Check with a local gun dealer they should know what you can and can't do. If I remember right there is no date on the New York ban. No matter when it was made it has to comply with state law. Well-you remember WRONG! Of course the date matters. Why do you think new yorkers buy "pre-ban" guns? OP-don't listen to this guy's BS-NEVER seek advice from a gun dealer. Your gun had to be a full-up rifle before the ban, and in that same condition now-UNLESS-the receiver or other parts were somehow damaged-they can be replaced by the EXACT same manufacturer into the EXACT SAME configuration and a re-issue of the original serial number. since you are talking about an AK, this will not happen. (legally of course.). I don't believe that's entirely correct either. As long as the receiver was built into a rifle pre 94 then it was grandfathered, but I it does not necessarily have to stay in the same configuration. As long as the receiver is pre ban, other parts can be replaced. This is why many people in ban states, myself included, purchase preban AR's, strip them ,and use the receiver to build a rifle with all new parts. I don't see how this would be any different with an AK. But OP, whoever told you that the serial number on the parts kit matters is FOS. It does not matter when the kit was built, it only matters when the receiver was built. |
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Okay so one more question. Some people bend up their own receivers from flats and weld up the rails. Now this receiver would have no markings on it anywhere, no serial #, no manufacturer. How would you classify this? Unless they made the receiver and assembled the rifle before the ban, it's a post ban rifle. There is no way around the ban dude. Only way to get what you want is to buy an actual pre-ban or move to a different state. |
| yup, that would still be a post ban receiver. If you are really looking, it is kind of a grey area in NY, but the chinese mak 90's were imported ad sold as post ban configured rifles, because of the 1989 import ban, not the 94 ban. Therefore most (if not all) of these were made and imported pre 94(I believe that they were banned from importing any more in may of 94). The grey area is whether or not these had to be converted to pre ban configuration before the 94 ban was enacted. I have heard of some people converting pre 94 mak's to standard pre ban configurations in NY. |
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Quoted:
Okay so one more question. Some people bend up their own receivers from flats and weld up the rails. Now this receiver would have no markings on it anywhere, no serial #, no manufacturer. How would you classify this? If you were prosecuted you would have to prove that you bent the receiver and built the rifle before the effective date of the ban in order to bring yourself within the exception. Since you did neither, that would be impossible and you would be found guilty. |
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Unfortunately no such thing as a pre-ban kit ....even a 1990 chicom kit built on a new receiver has to be NY compliant.
you can build a folding stock kit as long as the stock is pinned open...you will never need a bayonet so just make the lug inoperable, and permanently attach the brake and your just as "evil" looking as if it were pre-ban. pre-ban AK's fetch a premium in NY...why pay an extra $500+ for a few features you will never use(except maybe the folding stock) when you use the term pre-ban anywhere but new york, you are referring to the 89 ban which leads to the 922r game. |
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