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Thread: NYS AWB

  1. #1
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    NYS AWB

    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.

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    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.
    Mobocracy is alive and well in America.*
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    'All of my firearms have 4 military features, a barrel, a trigger, a hammer, and a stock."
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  3. #3
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    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

  4. #4
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    no no no

    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.

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    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
    Last edited by DMR; 08-17-10 at 05:47.
    pro-patria.us

  6. #6
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    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.
    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Amendment 10, US Constitution

  7. #7
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    Quote Originally Posted by falightfighter View Post
    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.

  8. #8
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    Quote Originally Posted by ICANHITHIMMAN View Post
    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.

  9. #9
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    Quote Originally Posted by Alex V View Post
    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.

  10. #10
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    Quote Originally Posted by Alex V View Post
    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.

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