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Posted: 1/22/2006 1:22:04 PM EDT
I called my FFL today to set up a transfer for an AR15 lower (Eagle Arms) and he tells me it's now banned....(preban still OK) he emailed me the attached text below....

Any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber:

Colt AR-15;


He's interpreting this to mean ..any weapon that looks like a Colt...I hope he's not correct

The full text is below......





New York's assault weapon law (modeled after the now-expired federal assault weapon ban) provides that it is a class D felony to manufacture, transport, dispose of, or possess an assault weapon in New York. N.Y. Penal Law §§ 265.02 and 265.10. New York’s assault weapon ban does not apply to the transfer or possession of assault weapons manufactured before September 13, 1994. Section 265.00(22)(e)(v).
An assault weapons is defined by section 265.00(22) as:
• A semi-automatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:
o A folding or telescoping stock;
o A pistol grip that protrudes conspicuously beneath the action of the weapon;
o A bayonet mount;
o A flash suppressor or threaded barrel designed to accommodate a flash suppressor;
o A grenade launcher; or
• A semi-automatic shotgun that has at least two of the following characteristics:
o A folding or telescoping stock;
o A pistol grip that protrudes conspicuously beneath the action of the weapon;
o A fixed magazine capacity in excess of five rounds;
o An ability to accept a detachable magazine; or
• A semi-automatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics:
o An ammunition magazine that attaches to the pistol outside of the pistol grip;
o A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
o A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
o A manufactured weight of fifty ounces or more when the pistol is unloaded;
o A semi-automatic version of an automatic rifle, shotgun or firearm; or
Any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber:o Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
o Action Arms Israeli Military Industries UZI and Galil;
o Beretta Ar70 (SC-70);
o Colt AR-15;
o Fabrique National FN/FAL, FN/LAR, and FNC;
o SWD M-10, M-11, M-11/9, and M-12;
o Steyr AUG;
o INTRATEC TEC-9, TEC-DC9 and TEC-22; and
o revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12.
The following are not considered assault weapons under section 265.00(22):
• Any rifle, shotgun or pistol that:
o Is manually operated by bolt, pump, lever or slide action; or
o Has been rendered permanently inoperable.
• A semi-automatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
• A semi-automatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine;
Section 265.00(22)(e)(iv) also exempts "any rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to 18 U.S.C. § 921" as manufactured on October 1, 1993. Section 265.00(22)(e)(i)(C) exempts any rifle, shotgun or pistol that is an antique firearm as defined in 18 U.S.C. § 921(a)(16). However, the federal provisions to which these sections refer were part of the federal assault weapon ban that expired on September 13, 2004.


Link Posted: 1/22/2006 1:28:09 PM EDT
[Last Edit: 1/22/2006 1:28:26 PM EDT by Beltfed]
He's an idiot, AR lowers are not banned.........you just can't set it up with preban features.
Link Posted: 1/22/2006 1:56:05 PM EDT

Originally Posted By Beltfed:
He's an idiot, AR lowers are not banned.........you just can't set it up with preban features.



you can if the lower is preban though...

most FFLs dont know the law
Link Posted: 1/22/2006 1:58:38 PM EDT

Originally Posted By Dieter122:

Originally Posted By Beltfed:
He's an idiot, AR lowers are not banned.........you just can't set it up with preban features.



you can if the lower is preban though...

most FFLs dont know the law



Exactly, if it's pre 94 it's all good.

Indeed, most dealers don't have a clue........but in this case the dealer is super clueless.
Link Posted: 1/22/2006 2:04:22 PM EDT

Originally Posted By Beltfed:
He's an idiot, AR lowers are not banned.........you just can't set it up with preban features.



Read the text in RED.... it does say that copies are banned....I hope this is not correct....is this new...or misinterpreted old news.....
Link Posted: 1/22/2006 2:20:55 PM EDT
[Last Edit: 1/22/2006 2:22:25 PM EDT by Beltfed]

Originally Posted By user426:

Originally Posted By Beltfed:
He's an idiot, AR lowers are not banned.........you just can't set it up with preban features.



Read the text in RED.... it does say that copies are banned....I hope this is not correct....is this new...or misinterpreted old news.....



No, it says the AR15 is banned.........AR15 is the key.

For example, Bushmaster sells their lowers as the XM15 E2S.



Link Posted: 1/22/2006 2:33:43 PM EDT
[Last Edit: 1/22/2006 2:34:39 PM EDT by user426]

Originally Posted By Beltfed:

Originally Posted By user426:

Originally Posted By Beltfed:
He's an idiot, AR lowers are not banned.........you just can't set it up with preban features.



Read the text in RED.... it does say that copies are banned....I hope this is not correct....is this new...or misinterpreted old news.....



No, it says the AR15 is banned.........AR15 is the key.

For example, Bushmaster sells their lowers as the XM15 E2S.

That's what I always thought....how do I convince my FFL.... is there any place that spells it out in simple English..........



Link Posted: 1/22/2006 3:07:43 PM EDT
I'd sugest you try a different FFL that understands the law. (If there is such a thing)

What part of NY are you in?
Link Posted: 1/22/2006 3:26:33 PM EDT

Originally Posted By Vinnie:
I'd sugest you try a different FFL that understands the law. (If there is such a thing)

What part of NY are you in?



I'm in Westchester......
Link Posted: 1/22/2006 4:20:33 PM EDT
Well if your dealer was right, then hundreds of us would be in violation.
AR15 pattern lower recievers and complete rifles are sold in NY daily. If he wants to listen to reasion, educate him. If he wants to be an ignorant prick, find another FFL to recieve it.
Link Posted: 1/22/2006 4:43:51 PM EDT
As they said at Ft Dix many years ago, 'there is no speed limit on walking gentlemen.'
Walk very quickly away from that moron. Hank and Marty at T and T in Seaford (Nassau County) can spout chapter and verse and do a lot of business with Bushmaster. I am sure that you can easily find another gunshop in Putnam or Orange counties.
Link Posted: 1/22/2006 5:42:57 PM EDT
If you want to travel up to Orange County (Monroe), I can recommend an FFL. IM me if you're interested.
Link Posted: 1/23/2006 10:35:10 AM EDT
The NY AWB bans semi-automatic rifles that have the ability to accept a detachable magazine based on either the features test or if they are one of the 19 assault weapons banned by NAME.

Your Eagle Arms lower is NOT a named assault weapon in NY. A stripped lower cannot be banned under the features teat because it has NO FEATURES. A Eagle Arms lower receiver is neither a copy of nor a duplicate of a named assault weapon. Your FFL is a moron.

If you want to use another FFL are you north or south of 287?



Link Posted: 1/23/2006 11:15:47 AM EDT
Tell your FFL to check on AR15.com for the real facts...MAybe then he will see the error of his ways.
Link Posted: 1/23/2006 12:44:39 PM EDT
To all

I found an educated FFL (I hope).... he is AR15 friendly and will do transfers with no problems...
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