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Tactical Shrubbery!!
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Discussion Starter · #1 ·
What evil features are law enforcement allowed to have??

Can they have an SBR? Or is it just mags and stocks?

Thanks...
 

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Tactical Shrubbery!!
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Discussion Starter · #2 ·
Reason I ask is because I read this in another forum.

The question was about an LE wanting to purchase an SBR.

One of the many answers:
Only if you're law enforcement. LEOs are exempt from all restrictions and don't require "duty use" as a basis for ownership. Problem is getting the CLEO signature but I have yet to determine if a trust is allowed for LEOs.
 
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SBR's are regulated by the ATF/Federal govt. A LEO will never be able to attain an SBR through a trust or anything like that.

A LEO in NYS is exempt from the AWB and high cap mag restrictions. Once he or she retires, they are no longer able to possess assault rifles or high cap mags.

Ex- an LEO can have an AR with collapsible stock, pistol grip, flash hider, bayo lug and still be within the law.
 

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SBR for LEO in NYS is only allowed for "duty use" only and stays with the department. That's because NYS is a non NFA class 3 state (correct me if I'm wrong please). LEO, personally, can own anything in NY that they want that isn't a NFA class 3. Like said before a brand new AR-15 with all the "evil features" and a brand new 30 round magazine is all A-OK for LEO.
 

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Tactical Shrubbery!!
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Discussion Starter · #5 ·
I knew I had asked this in the past but I couldn't find the thread until now. Below is the thread that I started in the past.

The answers seem to be all over the map. Does anyone know "for sure" what the laws are???

I'm not asking that, because you are a cop, you can circumvent the AWB, BUT, can a LEO in NY apply for a form 4 and pay the tax stamp?

Old thread:
http://www.longislandfirearms.com/forum/m-1307041463.03136/s-0/

Everywhere I look it seems like no one really knows the answer to this question.
 

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Tactical Shrubbery!!
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Discussion Starter · #7 ·
That's why I'm asking in the LEO forum. I'm hoping a LEO might have the answer.

It does seem like there is sparse info on the subject but I can't imagine that another NY LEO has not either gone through this or looked into it at some point.

If I can't find the answer, I'll try the ATF next but I was hoping someone had an idea or maybe one of the lawyers on the board might know.
 

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LEO for personal ownership cannot own a class 3 nfa firearm. Everything that I've looked up and researched have all told me the same thing, Class 3 NFA firearm no go in NYS for personal ownership by ANYONE :-/
 

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If you are a Police officer in the state of NY you CAN have a class 3 if you get the ok from the chief LEO in the area that you live, you notify your command and get the tax stamp..........on or off duty...
 

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Tactical Shrubbery!!
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Discussion Starter · #10 ·
RS156 said:
If you are a Police officer in the state of NY you CAN have a class 3 if you get the ok from the chief LEO in the area that you live, you notify your command and get the tax stamp..........on or off duty...
Just what I needed to hear in order to look further into this. Thanks for the info....

Hopefully I'll be able to put a 300BLK SBR together.
 
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i just found out were allowed to own AR pistols! Phase 5 Tactical here i come!!!
 

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NESROK said:
i just found out were allowed to own AR pistols! Phase 5 Tactical here i come!!!
To my knowledge, we all (LEO or not) can own AR pistols. They just have to meet the 50 oz max unloaded weight requirement.

I think the Kel Tec PLR just might fit that bill. Nope, nevermind, just looked it up. It's 51oz

I guess a PLR with speedholes drilled into it somewhere might.
 

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RS156 said:
If you are a Police officer in the state of NY you CAN have a class 3 if you get the ok from the chief LEO in the area that you live, you notify your command and get the tax stamp..........on or off duty...
Your own department can also give you a letter but that one must state you are using the weapon for official business. Good luck in either case, it's not going to happen.
 

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TimmE said:
Your own department can also give you a letter but that one must state you are using the weapon for official business. Good luck in either case, it's not going to happen.
Not true. Select-fire has happened and happens on L.I. for individual LEO's. Seldom, but it has happened. But I understand that it's for active LE only. When you retire you have to sell to someone who can have it or move to a state that allows it.

AR pistols are legal for indiviual LEO, and can be more than 50 oz.
 
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This is an old thread but let me interject here since there is a lot of misinformation in this thread.
First things first. You should read NYS Penal Law Section 265, Subsection 265.20 titled Exemptions.
In this section, you will find the following;
..."Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:
(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal
procedure law..."

All actively sworn LEO's in the state of NY that meet the requirements of section 1.20 and 2.10 to carry a firearm as per the criminal procedural law are PERSONALLY exempt from all laws in NYS pertaining to the prohibition of ALL NFA firearms, The Assault Weapon Ban, and the high-capacity magazine ban.
When said LEO retires, the exemption goes away.

All federal laws pertaining to firearms and NFA still apply. The individual officer must still get the CLEO signoff on his/her Form 1/Form 4. The last Form 4 to be signed on Long Island that I know of was in the 80's and it was signed by a judge for a court officer who purchased a submachine gun and a machine gun. That officer has since retired and moved out of state.

There are many SBR's, SBS's, and suppressors owned upstate where departments are small and the Chief is friendly to his officers..
 

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Not just a sworn officer. Must be a sworn police officer. Peace officers such as corrections, courts, tbta, etc... Are not exempt from the NYS AWB and must follow all penal laws regarding firearms. Sworn Police Officers are exempt from the AWB throughout NYS.
 

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wuggzwest said:
Not just a sworn officer. Must be a sworn police officer. Peace officers such as corrections, courts, tbta, etc... Are not exempt from the NYS AWB and must follow all penal laws regarding firearms. Sworn Police Officers are exempt from the AWB throughout NYS.
You obviously didn't read a thing I wrote or even bother to read the law I quoted. Yes, Peace officers ARE exempt from the AWB and all other intrusive bans/prohibitions NYS has in effect.
Read again;
..."(c) Peace officers as defined by section 2.10 of the criminal
procedure law..."

Now lets go to Section 2.10 of the criminal procedure law.

§ 2.10 Persons designated as peace officers.

See the following example. All FDNY are peace officers, but they are expressly prohibited from firearms exemption by law,
..."28. All officers and members of the uniformed force of the New York
city fire department as set forth and subject to the limitations
contained in section 487a-15.0 of the administrative code of the city of
New York; provided, however, that nothing in this subdivision shall be
deemed to authorize such officer to carry, possess, repair or dispose of
a firearm unless the appropriate license therefor has been issued
pursuant to section 400.00 of the penal law
...."

Now other Peace officers by definition in the law will state the following;

..." 25. Officials, as designated by the commissioner of the department of
corrections and community supervision pursuant to rules of the
department, and correction officers of any state correctional facility
or of any penal correctional institution..."

All Peace Officers who are NOT exempt will be declared so in the definition of their peace officer status as listed in section 2.10.
 
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