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Was the thumb hole rule always part of the SAFE act, I thought it was pistol grips that were EVIL!!!
 

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A semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following military characteristics:

a. Folding or Telescoping Stock b. Protruding Pistol Grip
c. [background=rgb(255, 255, 221)]Thumbhole Stock[/background]
[background=rgb(255, 255, 221)]d.[/background] Second Handgrip or Protruding Grip that can be held by non-shooting hand e. Bayonet Mount
f. Flash Suppressor g. Muzzle Brake
h. Muzzle Compensator
i. A threaded barrel designed to accommodate the above j. Grenade Launcher
 

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Here's a trick question:

Is it legal to own or be in possession of such a stock in NYS even if it's not mounted?

 

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Here's a trick question:

Is it legal to own or be in possession of such a stock in NYS even if it's not mounted?

I would say it is legal. The stock could be old parts or intended for a bolt action or fixed magazine rifle. Now if all you had was that stock and a semi auto receiver trigger group and barrel, with no stock attached, I'd be afraid that the authorities might deem it an "assault rifle" that has been temporarilty taken apart, rather than a bunch of legal rifle parts.
 

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Then let's make the scenario a little clearer:

The OP owns a 10/22 in standard sport configutation.

He also buys but does not install the stock above (or any other pistol grip or finger hole stock).

Is it illegal for him to own/possess such a stock even though it isn't mounted on the gun?
 

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Then let's make the scenario a little clearer:

The OP owns a 10/22 in standard sport configutation.

He also buys but does not install the stock above (or any other pistol grip or finger hole stock).

Is it illegal for him to own/possess such a stock even though it isn't mounted on the gun?
It's legal to posses, but not to mount. But then again some bright eyed assistant DA may say it's "constructive intent" - since you own it you intend to use it. Kind of like every man being a potential rapist due to possessing male genitalia.
 

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Then let's make the scenario a little clearer:

The OP owns a 10/22 in standard sport configutation.

He also buys but does not install the stock above (or any other pistol grip or finger hole stock).

Is it illegal for him to own/possess such a stock even though it isn't mounted on the gun?
IANAL, but I would am pretty confident that would be legal. In that case, he has a compliant rifle, plus a spare part.
 

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It's legal to posses, but not to mount. But then again some bright eyed assistant DA may say it's "constructive intent" - since you own it you intend to use it. Kind of like every man being a potential rapist due to possessing male genitalia.
LOL

Then again, didn't Obama just say similar at the Grammy's?
 
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It's legal to posses, but not to mount. But then again some bright eyed assistant DA may say it's "constructive intent" - since you own it you intend to use it. Kind of like every man being a potential rapist due to possessing male genitalia.
I do think it would be a much bigger stretch to infer such intent, if a compliant stock was attached to the rifle.
 

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Nostalgia.
 
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Then why do you own it?
I assert my 5th Amendment right to remain silent, now prove I had it for the purpose of committing a crime.


Seriously, one might keep it to use on a fixed magazine semi auto or bolt action that they planned to build in the future. He also might keep it to sell out of state in the future or to use when the SAFE Act gets repealed. I think all of those explanations are plausible enough to prevent intent to possess an "assault rifle" to be proven, beyond a reasonable doubt, or anything close to it. The fact that a compliant stock is attached to the rest of the rifle demonstrates intent to COMPLY with the law, not break it.

Honestly even if the rifle and stock were the only ones you had, and the parts were sitting right next to each other, I'm not sure an "assault weapon" charge would stick. I was just pointing out that if you have the action attached to compliant furniture it would seem like an impossible argument for the authorities to succeed with.
 

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it is illegal UNLESS you have a fixed mag.
If you have a fixed mag, all the general "baby killer features" like a muzzle break, pistol grip, or a thumbhole, are permissible.
 

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it is illegal UNLESS you have a fixed mag.
If you have a fixed mag, all the general "baby killer features" like a muzzle break, pistol grip, or a thumbhole, are permissible.
How do you make a Ruger 10/22 with a fixed mag? How do you reload it?
 
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