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Lever action pistol in NY?

1296 Views 8 Replies 2 Participants Last post by  cas
I have a friend interested in getting a lever action pistol. He wants to have Wild West Guns in Alaska build a custom one from a Marlin. It would be similar to the guns in the link below, would something like this be legal in NY or does the size/weight make it a SBR?
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If they're building it from a Marlin Rifle, it would be an SBR and a no go in NY.

The other versions, like in the link are handguns from the start and legal. They don't need to meet any weight requirements for NY because they're not semi auto.
Thanks.  So basically their is no way to legally make a rifle into a pistol, no pre-ban type deal or anything?  It has to have been originally manufactured as a pistol?
That would be Federal Law. AFAIK a rifle or shotgun that was not ORIGINALLY manufactured with a short barrel is an NFA weapon when a short barrel is installed.
A lever action pistol could be built FROM SCRATCH, but good luck getting NCPD or SCPD to sign off on a Form 4.
Let me revise what I just wrote.

IF you had a lever action pistol built from scratch, with a receiver that had never been assembled into a rifle, and could document that fact, and had further documents that the Feds considered it a pistol, you should be able to jump thru some hoops and register it as a pistol.

There were some Ithaca Stakeouts registered in Nassau County as pistols at one time, but they were considered NFA weapons.

I am not too sure why a particular weapon would be considered a shotgun and not a pistol, considering that there are pistols that can fire shotshells. I guess it gets technical.
You got me curious so I did a little research. Apparently it is manufactured new as a pistol, and is NOT a rifle.

You should be able to register it.

Now the bad news:

First you have to convince a dealer to accept a transfer. Most will probably take one look and run like hell. You could try Hunter Sports as I think they are a class 3 dealer, so at least Mark would not have a heart attack when he opens the box!

Next, be prepared for some serious static at the PLS. Unless they have seen that before, they will be reaching for the handcuffs.

But I do think it could be done. It is one heck of a big handgun.
Thanks for the help.  Sounds like way to much work to get a Marlin or Winchester pistol.  The dealer on one of the ones manufactured as a pistol isn't a problem, I know of a couple that wouldn't have a problem doing the transfer so long as you can show everything is in order.  He's also an LEO so it doesn't have to go through the pistol license section.  He just wants to be sure everything is 100% legal so when he retires and it does have to go through there or if they even inspect his guns for some reason it's all legal.
If it is manufactured and classified by ATF it is legal, unless someone has some law in NY that says it is not.

Of course, carrying it concealed is another matter...
There is one other way to do it (which the one gunsmith does), but it won't help you here and will only confuse matters more so I won't go into it.
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