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pete480
December 15, 2009, 10:14pm Report to Moderator

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Just a quick question about assault riles in NYC. If my AR-15 is legal in NYS because technically it is not an assault weapon as defined in the NYS gun laws, is it legal in NYC? I read on NYPD's website that assault rilfes are not legal in NYC but getting back to what I just said, it's technically not considered an assault rilfe. OR, do they not care and consider all AR's and AK's etc to be illegal. Any info you guys have would be appreciated.


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dv0042
December 15, 2009, 10:58pm Report to Moderator
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First, if you live in NYC, my condolences.  If not, just stay out of NYC with any and all firearms unless you're just passing through in a vehicle and they're all locked up and unloaded in the trunk.  Anything else and you're asking for trouble.  The NYPD, if given the opportunity, will try and lable a Red Ryder 200 shot range model air rifle an "assault weapon"  if they find you with one.


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M1garand
December 15, 2009, 11:03pm Report to Moderator

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I believe NYC/NYPD has list of guns that are not approved.   Better yet, ask NYPD licensing division to see if they can forward you a copy of approved/disaproved firearm list.


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Doc T
December 15, 2009, 11:04pm Report to Moderator

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If you are in NYC, and not just passing through , QUICKLY, without stops, and have an AR-15, take it apart, and leave NYC.

Now.

You are breaking the law. Ignorance of this law will not excuse you.


People who identify themselves as "victims" harbor excessive amounts of rage at other people, whom they perceive as "not victims."Gun owners are frequently the targets of professional victims because gun owners are willing and able to prevent their own victimization. Sarah Thompson, M.D.

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vmtcmt
December 15, 2009, 11:24pm Report to Moderator

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I thought NYS considers an AR-15 an AW:

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.


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sigsauerny
December 15, 2009, 11:29pm Report to Moderator

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Vintovka1891
December 15, 2009, 11:40pm Report to Moderator

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Read the law you posted again.  NYS is bad, but not as nonsensical as NYC; yet.  They word after detachable magazine is "two."  Not to have two or more of the following features.


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bradleyjg
December 16, 2009, 12:08am Report to Moderator
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New York City Administrative Code 10-301
Quoted Text
16.  "Assault weapon."
    (a)  Any semiautomatic centerfire or rimfire rifle or semiautomatic shotgun which has one or more of the following features:
    1.  folding or telescoping stock or no stock;
    2.  pistol grip that protrudes conspicuously beneath the action of the weapon;
    3.  bayonet mount;
    4.  flash suppressor or threaded barrel designed to accommodate a flash suppressor;
    5.  barrel shroud;
    6.  grenade launcher; or
    7.  modifications of such features, or other features, determined by rule of the commissioner to be particularly suitable for military and not sporting purposes. In addition, the commissioner shall, by rule, designate specific semiautomatic centerfire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer's name, as within the definition of assault weapon, if the commissioner determines that such weapons are particularly suitable for military and not sporting purposes. The commissioner shall inspect such specific designated semiautomatic centerfire or rimfire rifles or semiautomatic shotguns at least three times per year, and shall revise or update such designations as he or she deems appropriate.
    (b)  Any shotgun with a revolving-cylinder magazine.
    (c)  Any part, or combination of parts, designed or redesigned or intended to readily convert a rifle or shotgun into an assault weapon.
    (d)  "Assault weapon" shall not include any rifle or shotgun modified to render it permanently inoperative.
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Vintovka1891
December 16, 2009, 12:43am Report to Moderator

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Quoted from bradleyjg
New York City Administrative Code 10-301


The key word here being New York City as in NYC, or CITY.  The post I pointed out was quoting the law as it applies to the rest of the state which allows for ONE evil feature, in other words No More Than TWO.  I think both laws are unconstitutional as they infringe on New Yorkers' right to keep and bear arms.  NYC laws are garbage.  Not just the gun laws.  There is a parking regulation racket.  


Know Guns, Know Peace, Know Safety.  No Guns, No Peace, No Safety.  


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bradleyjg
December 16, 2009, 12:52am Report to Moderator
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I wasn't disagreeing with your post Vintovka1891, I was just answering the OP's question.

NYS allows one 'evil' feature, NYC none.
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Steve K
December 16, 2009, 1:22am Report to Moderator

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Quoted Text
(c)  Any part, or combination of parts, designed or redesigned or intended to readily convert a rifle or shotgun into an assault weapon.


Correct me if I'm wrong, but does this mean you cannot even own, say, a rifle stock with a pistol grip by itself?  As in not attached to the rifle, but just sitting in a parts bin.


The basics of purchasing a firearm: "Heavy is Good, Heavy is Reliable. Plus, If it Doesn't Work You Can Always Hit Them with It."
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MikeD
December 16, 2009, 4:31am Report to Moderator

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Quoted from Steve K


Correct me if I'm wrong, but does this mean you cannot even own, say, a rifle stock with a pistol grip by itself?  As in not attached to the rifle, but just sitting in a parts bin.


You can own that in the city, but you can't attach it. Technically you can own all the parts to an AR or AK in the city...except the receiver.


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Gary_Hungerford
December 16, 2009, 8:57am Report to Moderator

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   The NYC Administrative Code applies only to NYC residents, not residents of the rest of the state. Also, the NYC Administrative Code does not apply, to NYC residents, when they leave the borders of NYC. That's why and how NYC residents can own or possess long guns, without a NYC long gun permit, if those long guns are kept outside the borders of NYC.
   NYC has always had a list different from that of the state. They have their own handgun licensing and caliber/barrel length restrictions, also.
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phoenix27
December 16, 2009, 9:29am Report to Moderator

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For a time I lived in NYC and legally had an M-1 Carbine with 30-rd mags. As I understand the law, any AR/AK type weapon with a pistol grip is NG. M-1 Garands, M1A1/M-14s and M-1 Carbines are all gtg in NYC since their stocks have no protruding PGs and you must have a long-gun permit for them.  


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SteveG
December 16, 2009, 9:40am Report to Moderator
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Quoted fron dv0042

"The NYPD, if given the opportunity, will try and lable a Red Ryder 200 shot range model air rifle an "assault weapon"  if they find you with one."


That;s because they are afraid you'll shoot your eye out!



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bradleyjg
December 16, 2009, 10:54am Report to Moderator
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Quoted from Steve K


Correct me if I'm wrong, but does this mean you cannot even own, say, a rifle stock with a pistol grip by itself?  As in not attached to the rifle, but just sitting in a parts bin.


I couldn't find any case law, but I would err on the side of safety and not possess such spare parts in NYC.

This is not legal advice, if you need legal advice seek competent counsel in your jurisdiction
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pete480
December 16, 2009, 11:48am Report to Moderator

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I appreciate everyone's answers. This kind of info isn't the easiest to find. Especially when it pertains to NYC.


Pete
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bravo_juliet_mike
December 16, 2009, 11:54am Report to Moderator
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Make sure you take my sling off of your rifle before NYPD confiscates it. Thanks.
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borisny
December 16, 2009, 12:18pm Report to Moderator

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AR-15 are not legal in NYC in any way shape form or modification
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Ben_Dog
January 8, 2010, 10:27pm Report to Moderator
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What about a Saiga? Does it qualify as an AK? What if you get it chambered in 223 or 308? My friend is considering getting one but lives in NYC he is gonna call the NYPD num they have on the form monday Ill keep you guys posted but does anyone know?
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Packman
January 8, 2010, 10:36pm Report to Moderator
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I could be wrong, but as long as the Saiga only has 5-round magazines, I think your friend is OK.

When I registered my Garand, I was told I could only possess 5-round clips, and that I had to grind off the bayonet lug.  A real shame too, as I did it.  Now that I'm out of the city, I guess I need to look into fixing that, but I've not gotten around to it yet.

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Lamont
January 8, 2010, 11:26pm Report to Moderator

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Quoted from Ben_Dog
What about a Saiga? Does it qualify as an AK? What if you get it chambered in 223 or 308? My friend is considering getting one but lives in NYC he is gonna call the NYPD num they have on the form monday Ill keep you guys posted but does anyone know?


Sorry my man, even the Saiga is an "assault weapon"...*threw up in my mouth a little*...in NYC due to its AK receiver. Damn shame, ain't it?!


"...Shall NOT be infringed." GOD! What part do you NOT understand?!
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Lamont
January 8, 2010, 11:31pm Report to Moderator

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Quoted from Packman
I could be wrong, but as long as the Saiga only has 5-round magazines, I think your friend is OK.

When I registered my Garand, I was told I could only possess 5-round clips, and that I had to grind off the bayonet lug.  A real shame too, as I did it.  Now that I'm out of the city, I guess I need to look into fixing that, but I've not gotten around to it yet.

Packman


WAIT A MINUTE...Rifle/Shotgun bureau...in QUEENS...let you register a GARAND? Those dry old hags told me a Garand was an "assault weapon" and i cannot register it.


"...Shall NOT be infringed." GOD! What part do you NOT understand?!
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Packman
January 8, 2010, 11:40pm Report to Moderator
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Quoted from Lamont


WAIT A MINUTE...Rifle/Shotgun bureau...in QUEENS...let you register a GARAND? Those dry old hags told me a Garand was an "assault weapon" and i cannot register it.


Yes indeed, they let me register it.  I wrote a respectful letter asking about the legality of registering the Garand purchased from CMP, and I received a reply that as long as I only possessed five round clips and removed the bayonet lug, they had no problem with it.  I returned the registration certificate with a copy of the letter, and received the stamped copy back in a matter of days.

Now, because I was on the radar, I fully expected to have a visit from a friendly officer to check out my rifle, so I did indeed grind off the bayonet lug from my beautiful piece of millitary history shortly after receiving it from the CMP.  I didn't want to risk the felony rap by not doing it.  Sad, I know.
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Lamont
January 9, 2010, 12:02am Report to Moderator

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Quoted from Packman


Yes indeed, they let me register it.  I wrote a respectful letter asking about the legality of registering the Garand purchased from CMP, and I received a reply that as long as I only possessed five round clips and removed the bayonet lug, they had no problem with it.  I returned the registration certificate with a copy of the letter, and received the stamped copy back in a matter of days.

Now, because I was on the radar, I fully expected to have a visit from a friendly officer to check out my rifle, so I did indeed grind off the bayonet lug from my beautiful piece of millitary history shortly after receiving it from the CMP.  I didn't want to risk the felony rap by not doing it.  Sad, I know.


Wow, when I asked, I was told no because its clip held 8...3 over the limit and it has a bayonet lug. I did'nt even know they made 5 rounders for Garands. Yeah it is a shame you have to alter a piece of history like that. Thanx for the info Packman, next stop: CMP Store!

I'd take a Springfield '03 also.



"...Shall NOT be infringed." GOD! What part do you NOT understand?!
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