Posted: 9/29/2004 7:14:45 AM EDT
[#4]
Quoted: I challenge anyone to show me where it says that this country boy from NY is prohibited from purchasing Post Ban High Capacity Feeding Devices. I don't live in Albany,NYC or anywhere that is prohibited further down in the laws. I think we may have stumbled upon something here. Any nay sayers or dime store lawyers out there that can either educate me or shut me up? Check this ATF link...
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NYS Penal law
TITLE P--OFFENSES AGAINST PUBLIC SAFETY ARTICLE 265--FIREARMS AND OTHER DANGEROUS WEAPONS
Section 265.00 Definitions
As used in this article and in article four hundred, the following terms shall mean and include:
22. "Assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor;
(v) a grenade launcher; or
(b) a semiautomatic shotgun that has at least two of the following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or
(c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics:
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) 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;
(iv) a semiautomatic weight of fifty ounces or more when the pistol is unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm; or
(d) any of the weapons, or functioning frames of receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Baretta AR70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9 and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
(e) provided, however, that such term does not include:
(i) any rifle, shotgun or pistol that (A) is manually operated by bolt, pump, lever, slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18 U.S.C. 921 (a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine that bolds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed of detachable magazine;
(iv) a rifle, shotgun or pistol, of a replica or a duplicate thereof, specified in Appendix A to section 922 of 18 U.S.C. as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September fourteenth, nineteen hundred ninety-four.
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition....
Section 265.02 Criminal possession of a weapon in the third degree
A person is guilty of criminal possession of a weapon in the third degree when:
(1) He commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or
(2) He possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or
(3) He knowingly has in his possession a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or
(4) Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven, constitute a violation of this section if such possession takes place in such person's home or place of business; or
(5)(i) Such person possesses twenty or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or
(6) Such person knowingly possesses any disguised gun; or
(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D felony.
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It's over... Don't buy it? OK Google it or go here/S2
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