"Other" Firearms in NY

[flyinb44]

Hey all,

I did a quick search and couldn't find anything touching on this topic. I'm interested in building an "Other" firearm and I live in Upstate NY. There are several folks manufacturing others including Troy Industries and DLD. I've only found one FFL transferring DLD's in the state. Upon having a conversation with him (very nice gentleman btw), he informed me that in NY and CT you must buy a completed firearm that was intended to be configured that way from the factory for it to be legal. He also informed me that you couldn't change the configuration at all, including switching out furniture. As with most information I receive from someone who's trying to sell me something, I took it with a grain of salt and kept looking. Unfortunately, I can't find much in the way of case law or really anything else on this topic through NY channels. I also didn't want to consult King Cuomo's "SAFE" Act hotline so I can get some random answer from someone who has no idea what I'm talking about. So I figured I'd ask the rest of the community.

If I have a new lower receiver transferred through a willing FFL in NY as an other, can I assemble that with a 12.5" upper and qualify as a legal other firearm in NY. This would have a pinned and welded 11.5" barrel with a SF Warcomp, a vertical foregrip and an SBA3 pistol brace with an overall length of over 26". Any information would be appreciated. Thanks

Brian

[M&P45]

I'm in NY and have been researching this as well. There is nothing that I can find in NY penal code that references these "others" in any way. NYSP is charged with enforcing this bullshit. They did send a letter to FFL's giving the ok to Shockwaves so there is that precedent regarding "others". There are FFL's selling AR style "others" without issue. When you buy a stripped lower from an FFL it is transferred as an "other". With nothing really explained legally every one of these is a potential test case. By the letter of the law they appear to be legal but that won't stop an aggressive DA from charging you with something.

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[sjc3081]

Reputable FFL’s are selling others.

[jpmuscle]

Maybe just easier to register it as a pistol and go that route?

Years ago when I lived in NY, and pre Safe Act, I brought a lower in and designated it a pistol so I could build up a mk18.

Fortunately after the safe act folks on the western side of the state stopped caring about compliance and now are just doing whatever they want.


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[Mozart]

Nope. A pistol that can accept a magazine outside of the grip is an assault weapon, according to the totalitarians

[flyinb44]

Thanks everyone. This is basically what I thought. Nothing to say they're illegal and because of that certain FFL's sell them. Welcome to the grey. Completely depends on the cop you end up dealing with and where you are.

[ejewels]

I’m in CT and others sell like hot cakes, especially now. If they were illegal, reputable gunshops wouldn’t and couldn’t sell them to the public.

[m1a_scoutguy]

Nope. A pistol that can accept a magazine outside of the grip is an assault weapon, according to the totalitarians

Yea,ya can't have shit in NY,,it sucks I know, I feel your pain ! I agree with jpmuscle on people just don't give a crap ! I see "stuff" all the time, saw multiple things today when I was at the range. I could care less myself but I do what's needed. I get a little bit of a fix every now and then cuz I have multiple buddies that are LEOs and I just shoot there stuff,LOL One of them does have a Stribog and he put it on his Pistol Permit, those things are bad-ass for sure ! Anyways I keep plugging along and will be done with work in a year or so & fully plan on getting the hell out of Dodge when the time comes ! Drop me a PM and let me know where your at,,you say Upstate & that's very different to many different people. Example : Poughkeepsie NY is NOT Upstate,LOL Anyways I'm actually in Central NY, which is between Syracuse & Utica, this is also considered Upstate but were just centrally located,LOL

[ejewels]

I’m in CT and others sell like hot cakes, especially now. If they were illegal, reputable gunshops wouldn’t and couldn’t sell them to the public.

[ejewels]

Thanks everyone. This is basically what I thought. Nothing to say they're illegal and because of that certain FFL's sell them. Welcome to the grey. Completely depends on the cop you end up dealing with and where you are.
So it’s only ok if you bought a complete other from a gun store instead of building your own from a other lower?

[GH41]

So it’s only ok if you bought a complete other from a gun store instead of building your own from a other lower?

An other has to come from the manufacturer as an other. The individual cannot legally assemble it. The perfect example is pre-shock wave. A pump shotgun that originally came with a pistol grip and 18 inch barrel is an other. Not a pistol or a long gun. Too long to be a pistol and never had a stock mounted. It is perfectly legal cut the barrel back to 14 inches and put a birds head stock on to meet the 26 inch overall requirement. If you did the same thing to a shotgun that originally had a regular stock on it you are breaking the law. What the gun shop told the OP is true.