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.