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Legal Question AR-15 in New York ?
nyforester
Member Posts: 2,575 ✭✭✭
Is it legal to have a post ban lower receiver on an upper receiver with a screw on flash suppressor ? This is for Upstate NY, not New York City which has a totally different law.
Abort Cuomo
Comments
1. It's preban by mfd date (not only features)
2. Evil components are OK on pre-ban dated receivers, so long as the receiver left the factory as a completely assembled rifle.
Now to answer your question, it is no. What you want to do in effect is to thread your barrel. The firearm (receiver) was made after the ban took effect.
I saw an auction in GB for a pre-ban. The gunshop was/is in NYS. I drove to the gunshop for a F2F sale, because I wanted to make sure pre-ban status was written on the receipt, and I also now have documentation indicating it was aquired in (not transfered to) NY state. Another deciding factor was that it was a Colt...and Colt's never left the factory as receiver only.
I know I just rambled. Sorry to all. The biggest concern to me is not Dudley Dewright questioning the legality of my firearm at the range, but if stolen chances increase that it will be used in crime, and that is when the illegal features will be addressed, and come back to haunt me.
NYf...do smart searches for receivers/preban/NY sales. If you're patient, something is bound to hop into your sights. It worked for me. Rgds, Joe
Is there a simple way around this like to change out the flash suppressor to a muzzle brake? I know this is the big technicality around here. Besides I have never seen a flash suppressor really suppress a muzzle flash without it being a full on can, and that is definately illegal there. Flash suppressors to me are the biggest oxymoron I've seen in firearms anywhere.
New York STATE has no pre-ban or post-ban; they just have a ban on "Assault Weapons". According to Article 265.10 of the Penal Law, possession of an AR-15, or any rifle that even LOOKS like an AR-15, is considered to be "criminal possession of a weapon in the fourth degree."
At least, that's how I read State Laws and Published Ordinances - Firearms (ATF P5300.5). If you believe otherwise, quote the appropriate statute; ask the NY Attorney General or NYSP, & get it in writing.
Neal
greetings: givette here. I'm very concerned over the post indicating that there may be no difference in pre-ban/post-ban (grandfathering). I'm going directly to my CLEO (sheriff's office) and will be in correspondence with the NY State Police to resolve this issue. I recently purchased a 1974 DOM Colt "AR-15" (with all the horrid features) from a NY firearms retailer. I'll gladly re-post any findings that conflict with my original statement to nyf.
Side note: NRA/ILA state-by-state firearms statutes (found right here in GB, under "how do I buy") has the NY "grandfather" clause..it's under "Miscellaneous". To all, I wish you a BIG tax return, so you all can go out and buy that special bangstick.
Joe
I am not a Lawyer and do not pretend to be one.
If so, it worked![:D]
Wulfmann
"Fools learn from their own mistakes. I learn from the mistakes of others"
Otto von Bismarck