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Posted: 10/13/2017 1:38:21 PM EDT
Are they now a no go under the safe act? I've been out of this game for years but I recently purchased an Aero Precision M5 lower/upper combo and just need to make sure that all my ducks are in a row.
Link Posted: 10/13/2017 3:14:54 PM EDT
[#1]
Break? OR Brake?

They spelled it wrong in the law, so...

The idiot Judge Skretny idiot 2nd circus court decided that even though they spelled it completely wrong, they still aren't allowed...

The 2nd circus assholes agreed.

Apparently words don't have meaning in NYS law...

They pretty much just keep trying to ban every feature of common semi auto guns...sooner or later they will ban plastic stocks because they are more weather resistant than wood and therefore makes the gun more dangerous...and they will ban cheek rests because it allows shooters to shoot many more rounds without being uncomfortable...

Edited to fix above..but skretny is still an idiot.
Link Posted: 10/14/2017 1:55:48 AM EDT
[#2]
And don't forget, one of the incredibly anti-gun D-bag NYSP tech guys (may fuck be upon him) testified that if he could get that muzzle brake off, no matter how, or how much damage, and finds any threads underneath, he would testify its an assault weapon....these are the types of fine men the NYSP employ's....
Link Posted: 10/14/2017 8:27:14 PM EDT
[#3]
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Quoted:
Break? OR Brake?

They spelled it wrong in the law, so...
View Quote
Goddamn, stop with that bullshit already, especially when giving pseudo legal advice. They both work/apply in describing what they device does. The first to the escaping gas, the other to the rifles motion. So even the "wrong" spelling works just fine. (besides the two words having the same origin) Even bringing it up is a waste of time.
Link Posted: 10/15/2017 11:00:50 AM EDT
[#4]
You would have to go the fixed mag route to have any of the evil features on a semi-auto.  I personally don't see the point, but to each their own.
Link Posted: 10/15/2017 4:59:21 PM EDT
[#5]
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Quoted:
And don't forget, one of the incredibly anti-gun D-bag NYSP tech guys (may fuck be upon him) testified that if he could get that muzzle brake off, no matter how, or how much damage, and finds any threads underneath, he would testify its an assault weapon....these are the types of fine men the NYSP employ's....
View Quote
There are tens of thousands of uppers out there with permanently affixed thread caps... how many arrests/convictions to date?
Link Posted: 10/15/2017 8:15:05 PM EDT
[#6]
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Quoted:
Goddamn, stop with that bullshit already, especially when giving pseudo legal advice. They both work/apply in describing what they device does. The first to the escaping gas, the other to the rifles motion. So even the "wrong" spelling works just fine. (besides the two words having the same origin) Even bringing it up is a waste of time.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Break? OR Brake?

They spelled it wrong in the law, so...
Goddamn, stop with that bullshit already, especially when giving pseudo legal advice. They both work/apply in describing what they device does. The first to the escaping gas, the other to the rifles motion. So even the "wrong" spelling works just fine. (besides the two words having the same origin) Even bringing it up is a waste of time.
What is with the attitude?

They did spell it wrong in the law. There is no such thing as a muzzle BREAK.

It is a BRAKE.

What if they outlawed pisstil gripes? Would that still ban pistol grips? Shouldn't.

Now that being said, what is the difference between a brake and a compensator? Not sure there is much of one...so even if they spelled brake wrong, it could still be considered a compensator...which is still banned.
Link Posted: 10/16/2017 5:55:33 AM EDT
[#7]
If I remember correctly (it has been 5 years) the trial Judge Skretny threw out the muzzle break prohibition but it was reinstated by the appellate court.  So no, you cannot have permanently attached muzzle brakes or muzzle breaks.
Link Posted: 10/16/2017 10:28:54 AM EDT
[#8]
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Quoted:
If I remember correctly (it has been 5 years) the trial Judge Skretny threw out the muzzle break prohibition but it was reinstated by the appellate court.  So no, you cannot have permanently attached muzzle brakes or muzzle breaks.
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AH yes correct...skretny actually made the right call there...but he probably knew the 2nd circus would be dishonest and overrule him anyway.
Link Posted: 10/16/2017 11:21:15 AM EDT
[#9]
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Quoted:


There are tens of thousands of uppers out there with permanently affixed thread caps... how many arrests/convictions to date?
View Quote
As far as I know, none, but that's what the scumbag said....

The point is, no matter how hard you try to comply, in NYS, if they want to burn you, they will figure out a way....sad...
Link Posted: 10/17/2017 8:18:30 PM EDT
[#10]
So no matter how you look at it, we are criminals?

Why not enjoy for the time being?
Link Posted: 10/21/2017 4:04:34 PM EDT
[#11]
Link Posted: 10/21/2017 4:05:49 PM EDT
[#12]
Link Posted: 10/21/2017 4:39:43 PM EDT
[#13]
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Quoted:
How would we know? We have a member here who claimed he testified that a permanently affixed device was illegal under state law
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PM me his username. If it is who I think it is, I'll be having a conversation with him. I don't know too many people on this board who would qualify as an expert witness in NYS courts on firearms law, but I do know one.
Link Posted: 10/24/2017 7:48:00 AM EDT
[#14]
Most forensic firearms examiners in our state would testify that a muzzle device was present. Given that state law fails to actually provide any technical guidance for what qualifies as a muzzle brake or a flash suppressor, most crime labs in our state have taken this approach. Also at least with my dept, we dont testify to what is legal and what is not. We will testify about features present on a firearm, and the matter of legality is left to the attorneys and or jury. A few disclaimers, forensic firearms examiners are a type of forensic scientist that work in crime labs, and the vast majority in this state work for accredited crime labs. The training for folks in these positions typically lasts between 2.5-6 years and there are actually very few of us in the entire state (think about 30 for all of NYS outside of NYC).  What makes things tricky is that you dont have to be a firearms examiner working for a crime lab to be considered firearms expert. We have had gunsmiths, gun dealers, police dept firearms instructors, swat guys, and the dept "gun guy" all attempt or actually testified as a "firearms expert".  Some of these folks are very good, others have had no clue at all. Who is allowed to offer expert testimony is really up to the judge in most cases.

As someone who spends lots of time testifying in court about firearms I would simply say this, until NYS provides clear legally binding clarification to technical issues related to safe act, the answer is we dont know.
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