NY-SAFE Compliance Flow Chart - Page 2 - Firearm Ban & Recent Events - Long Island Firearms

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Get the latest facts on the new NY SAFE gun laws that effect you!

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NY-SAFE Compliance Flow Chart

ny safe compliance flow chart

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59 replies to this topic

#21 CheeseSammich

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Posted May 12 2015 - 02:10 PM

There's no such thing as a Muzzle Break.
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#22 fenucho

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Posted May 12 2015 - 02:28 PM

You still need to change the "does it use a magazine exceeding 10 rounds" part.

All AK's and AR's use mags exceeding 10 rounds. It's just illegal to own them in NY.

I'm hoping you don't work for Andy and are helping him get his act together.

Otherwise good luck. xD

#23 iGreg

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Posted May 12 2015 - 02:34 PM

State laws and regulations are written to be so confusing that state officials are pretty much able to do what they want.

If you don't like it, hire an attorney and sue them.

Alternatively, donate to the appropriate political funds and have your problem fixed.
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#24 viper720

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Posted May 12 2015 - 04:03 PM

Error for both semi-auto rifles and shotguns:
Even when using a detachable magazine in conjunction with what would normally be a banned feature, as long as it's incapable of accepting more than 5 rounds it's legal.

As per NY Penal Code Article 265.00 sub 22 (a)(g)(ii) and (iii)
"(g) provided, however, that such term does not include... (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; or...."


So if the firearm does not accept more than 5 rounds it's considered a fixed magazine regardless of feed system?

#25 viper720

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Posted May 12 2015 - 04:07 PM

You still need to change the "does it use a magazine exceeding 10 rounds" part.

All AK's and AR's use mags exceeding 10 rounds. It's just illegal to own them in NY.

I'm hoping you don't work for Andy and are helping him get his act together.

Otherwise good luck. xD

Whoops, didn't clarify. I meant that in terms of "are you using a magazine exceeding ten rounds." Will fix.

#26 Paté

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Posted May 12 2015 - 04:10 PM

I updated your OP.

#27 viper720

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Posted May 12 2015 - 04:10 PM

There's no such thing as a Muzzle Break.

For all intents and purposes muzzle brake = compensator. Just using the legal terminology. Just be thankful there's nothing written about '30-magazine clip' in the print or else we're all screwed :cheese

Thanks for the edit, Paté

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Thank you all for feedback.

#28 fenucho

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Posted May 12 2015 - 05:02 PM

Whoops, didn't clarify. I meant that in terms of "are you using a magazine exceeding ten rounds." Will fix.


That won't fly either. You're admitting to a crime. It's illegal to even have them unless your a LEO.

"So if the firearm does not accept more than 5 rounds it's considered a fixed magazine regardless of feed system? "

No, and Your gonna drive yourself crazy :)

#29 Ballistic

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Posted May 12 2015 - 05:03 PM

So if the firearm does not accept more than 5 rounds it's considered a fixed magazine regardless of feed system?


Nooo, it's not regarded as fixed. It's a little complicated.

For semi-auto rifles:
If the magazine is fixed it can never be an AW.

If the rifle is incapable of accepting a magazine capable of holding more than 5 rounds, then it cannot be considered an assault weapon, and as such can have any number of features.

Most prevalent example of this would be the Browning BAR family. Most use a 5 round detachable box magazine; however, it's held into place with a hinged plate so a magazine holding more than 5 rounds won't fit. Now, compare the Mark II Safari to the Hog Stalker which does not use a plate and is capable of using larger round count magazines. The Mark II cannot be considered an AW and may have features, the Hog Stalker can be an AW and must not have any features.

For semi-auto shotguns:
Fixed capacity:
Over 7 rounds makes it an AW automatically. Therefore you're allowed 7 and under, but still not allowed to have any other banned features unless the fixed capacity is incapable of holding more than 5. So 5 round count and under cannot be an AW and can have all the features you want, 6 and 7 count capacity are legal without any features, 7 and more are AWs.

Detachable magazine:
While it says any use of a detachable magazine is a banned feature and automatically an AW, this has the same stipulation as the rifles. If it's incapable of accepting a detachable magazine over 5 rounds then it's exempt - however, I am currently unaware of any semi-auto shotguns which use detachable magazines that are limited. Anything that has the ability to accept more than a detachable 5 round count is automatically an AW.

I know, I know. Personally, I like Excedrin.

#30 artburg

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Posted May 12 2015 - 05:05 PM

I'm so glad I mentally moved out of New York.I so much happier living in Denial
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#31 viper720

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Posted May 12 2015 - 05:15 PM

That won't fly either. You're admitting to a crime. It's illegal to even have them unless your a LEO.

"So if the firearm does not accept more than 5 rounds it's considered a fixed magazine regardless of feed system? "

No, and Your gonna drive yourself crazy :)


That's why it's a flowchart ;)
Does the firearm that is incapable of accepting more than five rounds get exempted from the evil features list, is what I'm asking more specifically?

#32 Ballistic

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Posted May 12 2015 - 05:19 PM

That's why it's a flowchart ;)
Does the firearm that is incapable of accepting more than five rounds get exempted from the evil features list, is what I'm asking more specifically?


As I stated more in depth above: generally yes, if incapable, but not always.

Is that firearm a pistol? If so, there is no exemption.

Edited by Ballistic, May 12 2015 - 05:19 PM.


#33 viper720

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Posted May 12 2015 - 05:23 PM

As I stated more in depth above: generally yes, if incapable, but not always.

Is that firearm a pistol? If so, there is no exemption.


What might break that exemption?

#34 Ballistic

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Posted May 12 2015 - 05:54 PM

Hahaha.

Reread what you asked and what I replied with. The pistol was the example of a firearm not accepting more than 5 but not-exempt.

;)

#35 blue steel

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Posted May 12 2015 - 05:56 PM

Be nice if for each box you had a footnote with the relevant section of law.

#36 fenucho

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Posted May 12 2015 - 06:11 PM

That's why it's a flowchart ;)
Does the firearm that is incapable of accepting more than five rounds get exempted from the evil features list, is what I'm asking more specifically?


It gets exempted if it is a fixed magazine that can't be removed. The max is 10 rounds.
I think the 5 rounds has to do with amount loaded during hunting. I don't remember for sure.


-fixed magazine not more than 10 rounds, not an assault weapon, evil feature list doesn't apply
-removable magazine no more than 10 rounds, no pistol grip, not an assault weapon, evil feature list applies
-removable magazine no more than 10 rounds, registered (I hope they slip on a banana) , all the evil features you want

#37 li02liberty

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Posted May 12 2015 - 07:01 PM

Your making this very complicated. It is very simple, if it looks like fun and is fun to shoot we are not allowed to have it.
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#38 CheeseSammich

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Posted May 12 2015 - 07:20 PM

For all intents and purposes muzzle brake = compensator. Just using the legal terminology.


You're missing my point. It's BRAKE, not BREAK. Your flowchart has a misspelling, much like the SAFE Act.
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#39 psydaddy

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Posted May 12 2015 - 07:42 PM

nice flowchart.
what about those who are red/green colorblind?


Dov

#40 viper720

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Posted May 12 2015 - 08:10 PM

You're missing my point. It's BRAKE, not BREAK. Your flowchart has a misspelling, much like the SAFE Act.

Using SAFE act terminology. Much like "assault weapon" being a key word that is entirely imaginary.
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