Posted: 11/21/2006 6:05:59 PM EDT
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If a stripped receiver was manufactured and sold before sept of 94 can it be assembled into pre-ban configuration in NY? This: 
And This:
Lead me to beleive it would be fine. I'm just looking for clarification. |
I was also under this impression.
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Certainly no lawyer - but this was the impression of the 'mirror' of the federal ban we got stuck with in NY. As long as the receiver was built up in preban configuration by the original buyer & owner PRIOR to Sept. 94 its still a preban. The reciever alone is actually considered 'a firearm' because thats where the serial number is. The 'key' is was the receiver already used in building a complete rifle before Sept '94. Even if its stripped now, but was at some point a complete rifle prior to Sept '94 IIRC it's a "legal" preban. For example: The lower was purchased by 'Joe' as a stripped receiver in January of 1994. He builds it up into a preban CAR-15 (lets say XM177 style) - collapsible stock, all internals and a preban upper (flash suppressor, bayo-lug, etc.) in June of 1994. This falls into the "lawfully possessed prior to September fourteenth, nineteen hundred ninety-four." In November of 2006, the 'Joe' decides to sell to 'Bill' just the lower receiver - he guts it, removing all internals, stock and no upper. 'Bill' after purchase, builds it back up into a preban rifle configuration (say M4 style) - It is legal. Now in this example, 'Bill' would greatly appreciate it if 'Jim' would supply him a letter/email stating that the receiver was used to legally built up into a preban rifle prior to Sept. '94, just to cover the 'gray' area of "possession prior to '94" in preban configuration. Again, not a lawyer - but I DID actually WORK at a Holiday Inn while in College.  |
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Thanks for all of the input. I have read the AWB text in the tacked thread over and over. I see no referance specifying that the receiver has to have been built before 10/1/94. There is the referance to functioning receiver/frames as of the listed weapons or their copies. Does anyone have a link to the actual text of the ban? Thanks! I'm sorry to be beating a dead horse. With the NYSP offering no help in the interperatation of this mess I don't know where else to turn. I received an email from Armalite stating that stripped receivers sold before the ban cannot be assembled with evil features in NY. I emailed them about the receiver in question, an Eagle arms sr#16xxx, which was sold 7/94. Thanks again. -Lost (truly) |
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YES you can use the receiver. NY State law does not require that the receiver was part of a complete firearm!!! Alot of people are still stuck on the the old federal ban which did require that the receiver had been part of a complete rifle. If you read the penal law you will not see anywhere anything about the receiver having to be part of a complete rifle. You already put up the sections. I've confirmed said with the NYSP firearms unit from a leo to a leo. If I were a non leo I would make sure I had a receipt & a letter from your receiver's manufacturer with your receiver's serial number & date of manufacture in case you have a problem. A honest cop isn't going to hurt you!!! Good luck, 1981 |