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Thread: where to buy AR in Upstate NY

  1. #21
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    Quote Originally Posted by Treehopr View Post
    I believe the CT and California AWB Laws banned Colts by name.
    Just being a Colt AR is specified as one of the "evil features" under the NY statutes.

    http://law.onecle.com/new-york/penal...00_265.00.html

    http://www.ocshooters.com/Reports/aw...S8234.html#awb

    http://www.courts.state.ny.us/cji/2-.../265-02(7).pdf

    11 S 10. Section 265.00 of the penal law is amended by adding three new
    12 subdivisions 21, 22 and 23 to read as follows:
    13 21. "SEMIAUTOMATIC" MEANS ANY REPEATING RIFLE, SHOTGUN OR PISTOL,
    14 REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF THE
    15 ENERGY OF A FIRING CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
    16 CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A
    17 SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
    18 22. "ASSAULT WEAPON" MEANS (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABIL-
    19 ITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOW-
    20 ING CHARACTERISTICS:
    ...
    22 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
    23 THE WEAPON;
    ...
    48 (D) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
    49 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
    50 AS:
    51 (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
    52 MODELS);
    53 (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
    54 (III) BERETTA AR70 (SC-70);
    55 (IV) COLT AR-15
    So it seems that any Colt with a detachable mag and pistol grip (I.E. even the neutered ones) are considered "Assault Weapons" under the statute.

    I am not a lawyer, yadda yadda yadda. If I'm quoting the wrong statutes I'd be happy to be proven wrong.
    Last edited by Byron; 11-05-09 at 17:52. Reason: Edited to add another link

  2. #22
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    Quote Originally Posted by Treehopr View Post
    You need to get a new lawyer...

    Colt made plenty of neutered rifles for sale during the ban with fixed A2 stocks, non-threaded barrels and no bayonet lugs.

    The NYS AWB Law was a copy of the Federal AWB except that it didn't have a sunset provision.

    I believe the CT and California AWB Laws banned Colts by name.
    I'm sure they did, but that doesn't change the fact that in NY state law written in black & white, "No Colts!". don't need a lawyer to read that, just need to know how to read

    I'll try and find a copy of it and post it.

  3. #23
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    Quote Originally Posted by hkhunter View Post
    stamped colt and made after the ban is illegal in NY, no ifs or buts about it! not only is my uncle a NY gun dealer, I had my lawyer look into this for me as I didn't want to do jail time or lose my pistol permit. the law in NY state says no guns by colt or versions thereof.
    As long as a postban rifle produced by any manufacturer is not roll marked "Colt AR-15" and is not configured with more than one of the following AW features it is not a "copy or duplicate of such weapon".

    (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;

    ----------------------------------------------------------------------------

    S 10. Section 265.00 of the penal law is amended by adding three new
    12 subdivisions 21, 22 and 23 to read as follows:
    13 21. "SEMIAUTOMATIC" MEANS ANY REPEATING RIFLE, SHOTGUN OR PISTOL,
    14 REGARDLESS OF BARREL OR OVERALL LENGTH, WHICH UTILIZES A PORTION OF THE
    15 ENERGY OF A FIRING CARTRIDGE OR SHELL TO EXTRACT THE FIRED CARTRIDGE
    16 CASE OR SPENT SHELL AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A
    17 SEPARATE PULL OF THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
    18 22. "ASSAULT WEAPON" MEANS (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABIL-
    19 ITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST TWO OF THE FOLLOW-
    20 ING CHARACTERISTICS:
    21 (I) A FOLDING OR TELESCOPING STOCK;
    22 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
    23 THE WEAPON;
    24 (III) A BAYONET MOUNT;
    25 (IV) A FLASH SUPPRESSOR OR THREADED BARREL DESIGNED TO ACCOMMODATE A
    26 FLASH SUPPRESSOR;
    27 (V) A GRENADE LAUNCHER; OR
    28
    48 (D) ANY OF THE WEAPONS, OR FUNCTIONING FRAMES OR RECEIVERS OF SUCH
    49 WEAPONS, OR COPIES OR DUPLICATES OF SUCH WEAPONS, IN ANY CALIBER, KNOWN
    50 AS:
    51 (I) NORINCO, MITCHELL, AND POLY TECHNOLOGIES AVTOMAT KALASHNIKOVS (ALL
    52 MODELS);
    53 (II) ACTION ARMS ISRAELI MILITARY INDUSTRIES UZI AND GALIL;
    54 (III) BERETTA AR70 (SC-70);
    55 (IV) COLT AR-15;
    56 (V) FABRIQUE NATIONAL FN/FAL, FN/LAR, AND FNC;
    PAGE 8

    1 (VI) SWD M-10, M-11, M-11/9, AND M-12;
    2 (VII) STEYR AUG;
    3 (VIII) INTRATEC TEC-9, TEC-DC9 AND TEC-22; AND
    4 (IX) REVOLVING CYLINDER SHOTGUNS, SUCH AS (OR SIMILAR TO) THE STREET
    5 SWEEPER AND STRIKER 12;



    6 (E) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:

    (I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR SLIDE ACTION;

    (B) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR
    (C) IS AN
    9 ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16);

    10 (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE
    11 THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION;

    12 (III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS
    13 OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE;


    14 (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF,
    15 SPECIFIED IN APPENDIX A TO SECTION 922 OF 18 U.S.C. AS SUCH WEAPON WAS
    16 MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE
    17 FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO
    18 MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; OR


    19 (V) A SEMIAUTOMATIC RIFLE, A SEMIAUTOMATIC SHOTGUN OR A SEMIAUTOMATIC
    20 PISTOL OR ANY OF THE WEAPONS DEFINED IN PARAGRAPH (D) OF THIS SUBDIVI-
    21 SION LAWFULLY POSSESSED PRIOR TO SEPTEMBER FOURTEENTH, NINETEEN HUNDRED
    22 NINETY-FOUR.
    Last edited by MPi-KMS-72; 11-05-09 at 18:04.

  4. #24
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    Quote Originally Posted by Byron View Post
    So it seems that any Colt with a detachable mag and pistol grip (I.E. even the neutered ones) are considered "Assault Weapons" under the statute.

    I am not a lawyer, yadda yadda yadda. If I'm quoting the wrong statutes I'd be happy to be proven wrong.
    "(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"

    I'm not a lawyer either but the above were true wouldn't all those ban-compliant Bushmasters and Remingtons be illegal??

    FWIW- I've been told that part of the reason Colt started labeling their rifles as "Match Target" was to circumvent the "AR-15" specific ban.
    Last edited by Treehopr; 11-05-09 at 18:02.

  5. #25
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    Wink

    here you go!

    It shall be unlawful to possess any "assault weapon" or a "large capacity ammunition feeding device". So called "assault weapons" lawfully possessed prior to September 14, 1994 and "large capacity ammunition feeding devices" manufactured prior to such date are grandfathered. A license shall not be issued for a handgun defined as an "assault weapon." Any person lawfully in possession of a firearm, rifle or shotgun who suffers the loss or theft of said weapon shall within twenty-four hours of the discovery of the loss or theft report the facts and circumstances of the loss or theft to a police department or sheriff's office. It is a crime to possess any rifle, shotgun or handgun in or upon the building or grounds of any school, college or university in the state without the written permission of the institution. It is a crime to possess a fake or imitation handgun with intent to use it unlawfully. It is a crime to intentionally point any firearm toward another person (except in self defense), even if no malice is involved. It is a crime to deface or alter the serial number or any other distinguishing number or identification mark on any handgun. Possession of any handgun that has been defaced creates a legal presumption that the possessor committed the offense. The presence of a firearm in a vehicle is presumptive evidence of its possession by all persons occupying the vehicle except if: the firearm is found upon the person of one of the occupants; the firearm is found in a vehicle operated for hire by a duly licensed driver, then the presumption will not apply to the driver, or the firearm found is a handgun and one of the occupants has in his possession a valid license to have and carry concealed. Note: In this digest, the word "firearm" is used in its general sense, i.e., any rifle, shotgun, or handgun. However, readers of the New York law should be aware that the term "firearm," when it appears in the text of the statutes, has a special meaning, being applied only to handguns and other firearms "of a size which may be concealed upon the person."

    An "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; 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 encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger 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 Streetsweeper and Striker 12; (e) provided, however, that such term does not include: (i) any rifle, shotgun or pistol that (a) is manually operated by bolt, pump, lever or slide-action; (b) has been rendered permanently inoperable; or (c) is an antique firearm as defined in 18 U.S.C. 921(a)(16); (ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in appendix A to section 922 of 18 U.S.C. as such weapon was manufactured on October 1, 1993. The mere fact that a weapon is not listed in appendix A shall not be construed to mean that such weapon is an assault weapon; or (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September 14, 1994.

    "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.


    note this section.

    "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"

    as i said before, one could make the argument that applies to all AR's

    thats why I called the Police department and got it from the horse mouth

  6. #26
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    you beat me to it treehopr!
    Last edited by hkhunter; 11-05-09 at 18:05.

  7. #27
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    Colt's carbines which are not labeled AR-15 and compliant with the ban are legal in NY (not NYC) Something like Colt "Match Target" would work.
    Check this link out
    http://www.gunbroker.com/Auction/Vie...Item=145742978
    The dealer is in upstate NY, selling a compliant MT6400C

  8. #28
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    I am not a lawyer and I am sure that most who are posting are not. My advice to the OP is to look around and ask more dealers in your area. I would probably ask a lawyer if you have any doubts.

    There have been numerous mentions of other options for you.

    Let's keep the pissing contests to a minimum.

    Quote Originally Posted by hkhunter View Post
    you beat me to it treehopr!



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  9. #29
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    This has been beaten to death. It has to be marked "Colt AR-15" and has to be made post September 1994 to be illegal.

    You can do whatever you want with guns made prior to September 1994 they are not defined as "Assault Weapons" by NYS law- the date of manufacture in and of itself makes this so.

    FFL dealers can buy whatever they want- because they can sell these guns to LEOs. They can also reconfigure them to post ban configuration and sell them legally.

  10. #30
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    Quote Originally Posted by MPi-KMS-72 View Post
    This has been beaten to death. It has to be marked "Colt AR-15" and has to be made post September 1994 to be illegal.

    You can do whatever you want with guns made prior to September 1994 they are not defined as "Assault Weapons" by NYS law- the date of manufacture in and of itself makes this so.

    FFL dealers can buy whatever they want- because they can sell these guns to LEOs. They can also reconfigure them to post ban configuration and sell them legally.
    Exactly... I am a New Yorker and this is exactly correct. If you buy an AR from a dealer who has the capability to make them AWB legal then you can get whatever you want brand wise.

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