Colt AR15 - Legal to own in NY?

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[ARCHIVED THREAD] - Colt AR15 - Legal to own in NY?

Posted: 6/22/2003 10:35:45 AM EDT

Please pardon my ignorance, but can a resident of New York State legally buy and own a pre-ban Colt ar15?

Posted: 6/22/2003 10:44:23 AM EDT

[#1]

well if your a street gang member, (you know one who doesnt obey the law anyway) then i guess it doesnt reallly matter does it? hehehe

Honestly I do not know I'm just doggin ya.

Posted: 6/22/2003 11:50:54 AM EDT

[#2]

The quick and easy version:

Yes, unless you are a resident of the 5 buroughs(Queens, Kings, Richmond, Bronx, Manhattan) of New York City.

Posted: 6/22/2003 1:00:23 PM EDT

[#3]

What about the Albany Rochester etc. rules?

Posted: 6/22/2003 1:47:37 PM EDT

[#4]

When I was looking on the NRA's law summaries page, I think I saw something about Colt AR-15's (brand specific) being banned, but not all AR-type rifles eh. I am not sure if this applied to pre-ban rifles as well.

Posted: 6/22/2003 6:55:16 PM EDT

[#5]

I think the NY ban specifically names the Colt AR15, but if it is a pre 94 one it should be fine, and AR15 type rifles such as Bushmasters are still legal

this is from the definitions list of the weapons possessino law

22. "Assault weapon" means (a) a semiautomatic rifle that has an abil-
ity to accept a detachable magazine and has at least two of the follow-
ing 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 encir-
cles, the barrel and that permits the shooter to hold the firearm with
the nontrigger hand without being burned;
(iv) a manufactured 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 or 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) Beretta 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;

caselaw.lp.findlaw.com/nycodes/c82/a68.html

Posted: 6/23/2003 7:11:27 AM EDT

[#6]

Quoted:
I think the NY ban specifically names the Colt AR15, but if it is a pre 94 one it should be fine, and AR15 type rifles such as Bushmasters are still legal

this is from the definitions list of the weapons possessino law
22. "Assault weapon" means (a) a semiautomatic rifle that has an abil-
ity to accept a detachable magazine and has at least two of the follow-
ing 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 encir-
cles, the barrel and that permits the shooter to hold the firearm with
the nontrigger hand without being burned;
(iv) a manufactured 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 or 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) Beretta 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;

caselaw.lp.findlaw.com/nycodes/c82/a68.html

This is the NY State ban which mirrors the federal ban (but does not sunset). The New York City ban eliminates all semi-autos with even one forbidden feature whether or not it accepts a detachable magazine.

Posted: 6/23/2003 12:48:14 PM EDT

[#7]

Ar's are only prohibited in New York City. Upstate doesn't have any regulations more extreme than the fed laws. I recently purchased a pre-ban Colt in Rochester.

Posted: 6/23/2003 1:26:06 PM EDT

[#8]

Quoted:
Ar's are only prohibited in New York City. Upstate doesn't have any regulations more extreme than the fed laws. I recently purchased a pre-ban Colt in Rochester.

Not true-Rochester has a ban on magazines that hold more than 17 rounds and an assault rifle ban that is more restrictive than the federal ban. Violation can carry a 180 day jail sentence. Rochester City Code section 47-5

The City of Albany also has some type of assualt rifle ban that I think is more restrictive than the federal ban. I have never read it though.

Posted: 6/23/2003 1:46:39 PM EDT

[#9]

AW bans are in effect for Albany, Buffalo and Rochester in addition to NYC. As Aimless said in some jurisdictions an AW is defined as a pistol with a >17 round magazine or a rifle with a >5 round magazine in addition to certain "named weapons."

Albany: www.nysrpa.org/chapter193-albany.pdf

Buffalo: www.nysrpa.org/chapter180-buffalo.pdf

Rochester: www.nysrpa.org/rochester.pdf

Posted: 6/23/2003 7:28:10 PM EDT

[#10]

Quoted:
The quick and easy version:

Yes, unless you are a resident of the 5 buroughs(Queens, Kings, Richmond, Bronx, Manhattan) of New York City.

the quick and wrong version i think ..
i thought the 5 burrows are
brooklyn bronx manhattan queens and staten island in alphabetical order ..
last i knew anyway ..
richmond and the kings are part of the queens ... and the kings is a term rarely ever used anymore .. and only seen on maps .. anyway ..i could be wrong ..

Posted: 6/23/2003 7:44:07 PM EDT

[#11]

good thing I don't actually live in Buffalo
thanks for the link

Quoted:
AW bans are in effect for Albany, Buffalo and Rochester in addition to NYC. As Aimless said in some jurisdictions an AW is defined as a pistol with a >17 round magazine or a rifle with a >5 round magazine in addition to certain "named weapons."

Albany: www.nysrpa.org/chapter193-albany.pdf

Buffalo: www.nysrpa.org/chapter180-buffalo.pdf

Rochester: www.nysrpa.org/rochester.pdf

Posted: 6/24/2003 2:27:21 PM EDT

[#12]

There are 62 counties in the State of New York. The City of New York is comprised of Bronx County, Kings County, New York County, Richmond County and Queens County.

The corresponding Burroughs are The Bronx, Brooklyn, Manhattan, Staten Island and Queens.

Posted: 6/24/2003 11:39:07 PM EDT

[#13]

Quoted:

(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:

(iv) Colt AR-15;

caselaw.lp.findlaw.com/nycodes/c82/a68.html

This is the part that has bugged me since I read this in penal law years ago.... wouldn't any and all of our AR's (and AK's ) count as a "functioning frame or reciever". Even if it's not a Colt, it also specifically says "copies" as well. How do we get out of that one?

Posted: 6/25/2003 12:53:11 AM EDT

[#14]

Quoted:
The quick and easy version:

Yes, unless you are a resident of the 5 buroughs(Queens, Kings, Richmond, Bronx, Manhattan) of New York City.

Hey Wave! Just for the record, you're mixing your boroughs and your counties. You're gonna confuse the rural folks!

Manhattan = New York county
The Bronx = Bronx county
Queens = Queen's county
Brooklyn = King's county
Staten Island = Richmond county

Posted: 6/25/2003 12:56:11 AM EDT

[#15]

Quoted:
There are 62 counties in the State of New York. The City of New York is comprised of Bronx County, Kings County, New York County, Richmond County and Queens County.

The corresponding Burroughs are The Bronx, Brooklyn, Manhattan, Staten Island and Queens.

Doh! I shoulda read the thread first, but I can't resist busting on Wave.

Also, I believe that ALL Colt AR15 and AR15A2 models (as rollmarked) are PREBAN. AFAIK, there are no rifles "named" that that are post ban...only Sporters, et. al.

Posted: 6/25/2003 1:32:48 PM EDT

[#16]

I've had a similar thought

Quoted:
Quoted:

(d) any of the weapons, or functioning frames or receivers of such
weapons, or copies or duplicates of such weapons, in any caliber, known
as:

(iv) Colt AR-15;

caselaw.lp.findlaw.com/nycodes/c82/a68.html

This is the part that has bugged me since I read this in penal law years ago.... wouldn't any and all of our AR's (and AK's ) count as a "functioning frame or reciever". Even if it's not a Colt, it also specifically says "copies" as well. How do we get out of that one?

Posted: 6/26/2003 5:56:41 PM EDT

[#17]

Like they say keep away from the 5 Cesspool's and you will be ok. Nassau & Suffolk Counties also allow you to own them.

Posted: 7/5/2003 10:08:11 AM EDT

[#18]

Quoted:
Like they say keep away from the 5 Cesspool's and you will be ok. Nassau & Suffolk Counties also allow you to own them.

Aside from the city firearms laws not all of the CITY sucks.

Posted: 7/5/2003 10:40:20 AM EDT

[#19]

Yeah right... Tell whats good about NYC?

Posted: 7/5/2003 10:59:03 AM EDT

[#20]

Museums, medical facilities, zoos, restaurants, baseball stadiums, Broadway theatres, parks and historical areas/buildings to name only a few good things about NYC.

Posted: 7/5/2003 11:29:57 AM EDT

[#21]

Quoted:
Museums, medical facilities, zoos, restaurants, baseball stadiums, Broadway theatres, parks and historical areas/buildings to name only a few good things about NYC.

1. Been to plenty of Museums.
2. Medical... Go to MN.
3. Dont like Zoos.
4. Resturants... not everyone has money to burn.
5. Baseball is only fun when your playing it.
6. Screw Broadway.
7. Parks? How about Adirondack State fucking Park.
8. Historical buildings... What about West Point, Fort Ticonderoga, Fort Stanwicks, and so on.

NYC is dirty, crowded, socialist etc.

Posted: 7/11/2003 10:52:29 AM EDT

[#22]

NYC is dirty, crowded, socialist etc.

Rkbar never said that there weren't other places to see in NY state. He simply stated that NYC isn't as bad as many people make it out to be Personally, I enjoy visiting NYC a few times a year. I've been going there a few time each year for about 15 years and every time I go, I do and see different things.

Posted: 7/11/2003 4:10:50 PM EDT

[#23]

Richmond County=Staten Island
Kings County=Brooklyn

[ARCHIVED THREAD] - Colt AR15 - Legal to own in NY?

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