NYS AWB

[123]

Hey everyone, I'm from NY and I just ordered my first AR, Its a Colt M4 6920. I was wondering if anyone could explain what I need to make it AWB compliant and the laws involving transporting and carrying it. I'm getting a muzzle break and the stock pinned, not sure if I need anything else. Also is it legal to use hollow point rounds in NY? To anyone who can help me the new guy out, thanks.

[Mac5.56]

You can google the NY state AWB info and get an actual legal definition of what you can and can't have, but I have read it several times, and referenced it multiple times both prior to, and during my ownership.

One thing that I want to tell you is that take the NY law seriously. The last thing you want is to loose your ability to own any firearm because you just had to have a collapsable stock or something. Some guy in NY just got charged with a felony because he ex-girlfriend called in that he had a high capacity Glock magazine in his house.

So here is the law:

You can't have more then three evil features on the gun in NY state, if you do it makes it an assault weapon. Since your AR has a pistol grip, the ability to remove/accept a high cap magazine, and a plastic/heat shielded fore grip you therefore can't have a flash hider, or a collapsable stock, or a bayonet lug, or a hood ornament, or a... (well you get the picture).

In order to make your gun compliant your FFL will have to have the muzzle break installed (and I have heard but am not sure it may need to be welded on, but this is word of mouth, and I have found nothing in the legal language stating this), and your stock will need to be pinned prior to you taking possession of the rifle. If you take possession of the rifle at any point prior to these two mods being done, you are breaking NY state law.

Also in regards to magazines:

1. NY state law prohibits that there be ANY Loaded magazine in any vehicle during transportation. This includes quads, boats, motorcycles, cars, and so on.

2. All AR mags must be no larger then a capacity of 10 rounds, or must be manufactured prior to 1994 (or pre-ban). There are various gun stores in NY state that you can buy pre-ban mags, but they are spendy as hell, gun shows are your best bet and they tend to range in price from 20 - 45 dollars a pieces.

Good luck, and welcome to the club.

[CAVDOC]

the other poster was mostly correct. There is no law against having a loaded magazine in the car- only environmental conservation law that states a firearm cannot be loaded in chamber or magazine- as long as rifle is not loaded a magazine in the vehicle seperate from the rifle is fine.
I like to remind people this no ammo in chamber or mag law was put into effect decades ago when most rifles and shotguns had integral magazines-so the spirit of the law is no ammo in gun.

For clarity the muzzle device (no flash suppressor must be termed by maker as a muzzle brake) has to be permanently installed-which essentially means welded on

[ICANHITHIMMAN]

Here is a heads up from another NY gun owner.

CANCLE your colt order and build a rifle! You dont have to be NY compliant if you build your rifle on a pre ban lower. BUILD a rifle dont buy.

[DMR]

Stop by American Shooter Supply which is local you. They are AWB educated. Many shops in the state are not and at least one shop in your area has sold non-compliant rifles to people in the last couple of years. Your DA still has them in evidence for the case against the dealer. The "victims" which purchased them and turned them in are waiting for the case to close so they can get sold out of state. Most have written them off as a loss.
Albany City laws

http://www.nysrpa.org/files/chapter193-albany.pdf

NRA Guide to NY laws
http://www.nraila.org/statelawpdfs/NYSL.pdf

[falightfighter]

From NYS Penal Law Section 265,

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

I don't see anything about a heat shield. Basically, your AR must have a fixed stock (including pinned), no bayonet mount and a compensator that is permanently fixed (welded), or a bull barrel that is not threaded. I guess you could also get one of the Commiefornia stocks without a pistol grip to get one of these features back, but why? You can get all the functionality except the collapsible stock anyway.

[ICANHITHIMMAN]

From NYS Penal Law Section 265,

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

I don't see anything about a heat shield. Basically, your AR must have a fixed stock (including pinned), no bayonet mount and a compensator that is permanently fixed (welded), or a bull barrel that is not threaded. I guess you could also get one of the Commiefornia stocks without a pistol grip to get one of these features back, but why? You can get all the functionality except the collapsible stock anyway.

Nice But if your rifle is built on a pre ban lower none of this applys. If you lowers is pre ban it like you live in a free state.

[Alex V]

Nice But if your rifle is built on a pre ban lower none of this applys. If you lowers is pre ban it like you live in a free state.

are you sure you can have a Pre-ban lower in NY? Reason I ask is it is illegal in NJ to have a pre-ban lower IIRC and I can't imagine NY being any more lenient.

[marco.g]

are you sure you can have a Pre-ban lower in NY? Reason I ask is it is illegal in NJ to have a pre-ban lower IIRC and I can't imagine NY being any more lenient.

nys law does allow grandfathered in "pre ban" lowers.

[ICANHITHIMMAN]

are you sure you can have a Pre-ban lower in NY? Reason I ask is it is illegal in NJ to have a pre-ban lower IIRC and I can't imagine NY being any more lenient.

100% sure I find them for guys all the time so they can build a gun. Lots of guys just say f$#% it and do what they want no one realy cares most that I know that do that are cops and that dosent make it right but they do it.

I have a few pre bans now any will work just stay away from anything from olympic.

[Alex V]

100% sure I find them for guys all the time so they can build a gun. Lots of guys just say f$#% it and do what they want no one realy cares most that I know that do that are cops and that dosent make it right but they do it.

I have a few pre bans now any will work just stay away from anything from olympic.

Ah... well then I hate NJ even more now.

[Mac5.56]

Stop by American Shooter Supply which is local you. They are AWB educated. Many shops in the state are not and at least one shop in your area has sold non-compliant rifles to people in the last couple of years. Your DA still has them in evidence for the case against the dealer. The "victims" which purchased them and turned them in are waiting for the case to close so they can get sold out of state. Most have written them off as a loss.
Albany City laws


NRA Guide to NY laws
http://www.nraila.org/statelawpdfs/NYSL.pdf

This is the kind of shit that makes me feel wonderfully comfortable about living in NY.:rolleyes:

I have seen what I consider non-compliant guns at shops, but I always figured: "Hey, they're a dealer, they have more to loose then me, I must be missing something."

[Mac5.56]

Nice But if your rifle is built on a pre ban lower none of this applys. If you lowers is pre ban it like you live in a free state.

Alright, I get it. But have you seen the cost of pre ban parts at gun stores in NY state??? Seriously? Your looking at a lower that will cost as much as a compliant rifle. I have to admit that I don't completely love my bull barrel, and not having a cool Magpul stock kind of sucks (what sucks more is that I have an extended buffer tube to prevent me from messing with the gun), but many of us don't have the money to drop on something like that.

Unless you have a locations where there are plenty of pre-ban lowers going for a reasonable price???

[Mac5.56]

Lots of guys just say f$#% it and do what they want no one realy cares most that I know that do that are cops and that dosent make it right but they do it.


I'm not trying to ride you man, so don't take offense that I'm quoting you over and over again... :)

This is the kind of attitude that I think is really dangerous to spread around out there about NY State's gun laws. Our state is friggen huge, and I hear this from people from time to time, and I say to each their own, but for those of you on this forum that are asking about compliance I suggest you really REALLY consider this attitude dangerous!

Don't forget that we do live in the state that while bankrupt still managed to spend $150,000 replicating Lil' Wayne's DNA to then spend another large sum of money to get DNA evidence that at some point while in NYC this rapper "held an illegal handgun". The handgun in question was a legal handgun out of NYC brought in on a tour bus. That is the state we live in. It is a state that will not go lightly on you either.

But it's also a big state. Upstate is HUGE. And the further away you get, most likely the more likely you are to have an officer turn their back, or literally not care about compliance issues, but I wouldn't push it. Not all police officers are gun people. In fact in a certain Mid-Hudson county, in which I live, and shoot I am friends with several local officers, and a couple of county Sheriff Deputies. According to them I'm more likely to have my gun confiscated and held if an officer I don't know responds to a complaint of me target shooting, then not. I have two degrees, an international art career, a new wife, and I teach, I'm not going to throw that away because some 21 year old over zealous police officer decides to hold my big bad assault weapon while I wait to appear on a ticket for legally shooting on DEC land and some DA then decides to check it for compliance.

[Treehopr]

Alright, I get it. But have you seen the cost of pre ban parts at gun stores in NY state??? Seriously? Your looking at a lower that will cost as much as a compliant rifle. I have to admit that I don't completely love my bull barrel, and not having a cool Magpul stock kind of sucks (what sucks more is that I have an extended buffer tube to prevent me from messing with the gun), but many of us don't have the money to drop on something like that.

Unless you have a locations where there are plenty of pre-ban lowers going for a reasonable price???


You can always get something like a Colt MT6400C, you could pop the pins out of the comp to allow you to install a free float rail like the Larue 7.0. If you wanted to spend the extra money you could have the barrel threaded and pin an PWS FSC556 comp.

There are also shops out there that will take a collapsible stock (Vltor, Magpul, SOPMOD) and pin those in place as well.

[marco.g]

heres what i did. I ordered a complete lower from grant but without the stock (got that shipped seperate). Pinned the stock to the buffer in like 5 mins with a drill press and a 1/8" pin. Ordered a BCM 14.5 middy with pinned FSC comp from grant as well, then shaved the bayo lug. Ordered a couple pre ban gi mags and voila NY compliant with all the functionality.

[usmc6177]

Having both pre ban and post ban builds I can say its really dependent upon what you are looking to accomplish with your firearm as to whether you want a pre ban or not. Collapsible stocks are cool but really I found that I only run my MOE in one position. That happens to be the same length as my Sully Stock so that is really a pointless feature for me at least.

The real pain that comes with post ban is the muzzle device and perm attaching it. I have changed my pre ban muzzle device probably 3 or 4 times and I like that I can do it and sell the old on to cover expenses partially of the new one.

Since we have to have the muzzle device perm attached you would be better served getting a 14.5 middy and have an FSC silver soldered. That is the plan for my next build anyways.

[usmc6177]

You can google the NY state AWB info and get an actual legal definition of what you can and can't have, but I have read it several times, and referenced it multiple times both prior to, and during my ownership.

One thing that I want to tell you is that take the NY law seriously. The last thing you want is to loose your ability to own any firearm because you just had to have a collapsable stock or something. Some guy in NY just got charged with a felony because he ex-girlfriend called in that he had a high capacity Glock magazine in his house.

So here is the law:

You can't have more then three evil features on the gun in NY state, if you do it makes it an assault weapon. Since your AR has a pistol grip, the ability to remove/accept a high cap magazine, and a plastic/heat shielded fore grip you therefore can't have a flash hider, or a collapsable stock, or a bayonet lug, or a hood ornament, or a... (well you get the picture). This is incorrect, per NYS law a semi automatic rifle with the ability to accept a detachable magazine may only have one "evil" feature. These features are, Flash hider, threaded muzzle, ability to accept a grenade launcher, ability to mount a bayonet, and collapsible stock. Obviously we all chose the pistol grip so we have to perm attach the muzzle device which has to be a non FH that cannot take a grenade launcher, also the bayo lug must be deactivated and whatever stock you have must be fixed or pinned (note that there has never been any true clear ruling in NY on what constitutes a legally pinned stock so you are in the great big gray area that is NYS penal law.

In order to make your gun compliant your FFL will have to have the muzzle break installed (and I have heard but am not sure it may need to be welded on, but this is word of mouth, and I have found nothing in the legal language stating this), and your stock will need to be pinned prior to you taking possession of the rifle. If you take possession of the rifle at any point prior to these two mods being done, you are breaking NY state law. muzzle device must be permanetly attached per the ATF regs. Basically the same process you would use for perm attaching a comp to a 14.5 barrel. Blind pin and weld/Full weld around the base of the comp/ 1150 degree silver solder NYS state has not made a ruling on this so you are in the gray area aain but at least you have the ATF somewhat on your side.

Also in regards to magazines:

1. NY state law prohibits that there be ANY Loaded magazine in any vehicle during transportation. This includes quads, boats, motorcycles, cars, and so on. Confusing text indeed and it is part of the Environmental law, but the weapon is self must be empty in the magazine and chamber. This concerns integral magazine and tube feeds and such. Loaded detachable magazine are legal in the vehicle. Side note for all you guys who like to spot deer. If you have a spot light in the vehicle you must have your firearms cased. Thats an ENCON thing

2. All AR mags must be no larger then a capacity of 10 rounds, or must be manufactured prior to 1994 (or pre-ban). There are various gun stores in NY state that you can buy pre-ban mags, but they are spendy as hell, gun shows are your best bet and they tend to range in price from 20 - 45 dollars a pieces. Best place to buy preban magazines is through out of staters. Surf the various gun forums Equipment Sales areas and you can find great deals on prebans. I have gotten NIW prebans for as low as 10 dollars. Also do not trust the Gunshow prebans I have seen mags that were obviously postbans being advertised as prebans

Good luck, and welcome to the club.

Put in some clarifications and information picked up from some of the encon guys I have interacted with and from the actual text of the NYS AWB.

Not picking on you just making sure we get the right information out to our brothers.

[ICANHITHIMMAN]

Well as far a pre ban goes your in NY and if you want a rifle will all the bells and whistles pre ban is what you need and yes you got to pay!

Here is a tip though NY gunshops are going to rip you off! Find a preban on the internet I have done it about 25 times now paid anywhere from 99 to 600 dollers for anyone of the lowers.

[usmc6177]

Well as far a pre ban goes your in NY and if you want a rifle will all the bells and whistles pre ban is what you need and yes you got to pay!

Here is a tip though NY gunshops are going to rip you off! Find a preban on the internet I have done it about 25 times now paid anywhere from 99 to 600 dollers for anyone of the lowers.

99 dollar preban lower? Man that is fantastic. Best I ever did was 300 for a complete lower.

But as you said if you want the bells and whistles you have to cough up the dough. Online gun forums are the best place to find these deals as most guys are somewhat sympathetic to those of us trapped behind the lines.

That said if you are on a budget preban is probably not the way to go.

[Mac5.56]

Put in some clarifications and information picked up from some of the encon guys I have interacted with and from the actual text of the NYS AWB.

Not picking on you just making sure we get the right information out to our brothers.

Absolutely that is what this is all about!!! The last thing I want to see is someone get in trouble for life because of mis-information!