[IDF]

am i crazy or are they selling illegal rifles on there? "brand new" ar's with collapsible stocks and bayonet lugs. in the new york section.

ARMSLIST - For Sale: new unfired ar-15

ARMSLIST - For Sale/Trade: 16" custom ar15 $950 obo

 

[DystruktoBoi1]

You are not crazy, it is possible to get nice deals on there, it is possible to sell your firearm on there, however it is filled with complete and utter retards, usually it's the last place to go when looking to sell or buy firearms.

In the first link the stock may be pinned, in the second link that gun is illegal - no you are not crazy.


Welcome to the forums.

 

[Jeff]

Nothing new. People are idiots.

If they're new they might be dealers. Dealers can have non compliant stuff and sell out of state or to LEO or make compliant before selling.
Could be someone using a photo they found on the internet that isn't their rifle.
Could be someone living elsewhere that listed their gun in the NY section for more exposure.

 

[Gunner57]

Yup, they did it again!

ARMSLIST - For Sale/Trade: Glock 19 mags and Glock 17 Lasermax Guide Rod

 

[jeepyj]

in the second link that gun is illegal .

Technically. I see a pile of parts. I'm an AR noob, but, aren't those parts legal until you assemble them.

In other words, is that upper ok on a preban lower?

the rest of that stuff is just parts.

.

 

[merlin82+]

There's a guy in WNY selling an XD45 with 13-round mag. You have to be careful - make sure what you buy is legal before you buy it. Could be a Bloomie agent hiding in the bushes waiting to make a felony example of you.

 

[DystruktoBoi1]

Technically. I see a pile of parts. I'm an AR noob, but, aren't those parts legal until you assemble them.

In other words, is that upper ok on a preban lower?

the rest of that stuff is just parts.

.

That same listing was in another post and a member on here familiar with the AR platform informed me that it has a bayonet lug and a flash hider on it, which he is also willing to bet isn't pinned on and is on a threaded barrel, that is the only way I know, I'm an AK guy myself.

 

[Tifosi]

Technically. I see a pile of parts. I'm an AR noob, but, aren't those parts legal until you assemble them..

Constructive intent.
If you have parts that can be assembled into X then they are seen as assembled.
Its literally a guilty until proven innocent scenario.

Man has an AR15 preban barrel with flash supressor and bayonet lug and no receivers associated with it present in his home. He only has a barrel and nothing else. Legal.
He walks into another guys house with it in his hand where a post ban AR15 is present, felony because he 'could' put it together.
(and as far as the law sees it 'could' means 'will')

I'm not a lawyer, so carry along that grain of salt to take with the above.

 

[3444]

Constructive intent.
If you have parts that can be assembled into X then they are seen as assembled.
Its literally a guilty until proven innocent scenario.

Man has an AR15 preban barrel with flash supressor and bayonet lug and no receivers associated with it present in his home. He only has a barrel and nothing else. Legal.
He walks into another guys house with it in his hand where a post ban AR15 is present, felony because he 'could' put it together.
(and as far as the law sees it 'could' means 'will')

I'm not a lawyer, so carry along that grain of salt to take with the above.

Very true, similar to this. Person has a snubbie .38 no permit was handed down from parent. Worse case scenario illegal posession, misdemeanor. Now have a box of .38's within said weapon, like the same room, it is now a felony. could as you said in NY means will. I was involved in a handgun sale with the NYSP where this happened. NOTE , I was not the buyer, unfortunately I had to take part in it. Being stupid can cost result in a felony in this state

 

[IDF]

!!

Technically. I see a pile of parts. I'm an AR noob, but, aren't those parts legal until you assemble them.

In other words, is that upper ok on a preban lower?

the rest of that stuff is just parts.

.

yes that would be allowed on a pre ban lower BUT according to my research Charles Daly didn't start making AR lowers til 2008 soooooooooooooooooo there's no way that's a pre ban lower. what he is selling there is called by some a "sunset" rifle which is illegal in NYS. a sunset rifle is an "assault weapon" made after the federal law died. legal in most states but not here and the few other states that have the permanent ban. *cough cough republican mitt romney*

 

[Jeff]

Constructive intent.
If you have parts that can be assembled into X then they are seen as assembled.
Its literally a guilty until proven innocent scenario.

Man has an AR15 preban barrel with flash supressor and bayonet lug and no receivers associated with it present in his home. He only has a barrel and nothing else. Legal.
He walks into another guys house with it in his hand where a post ban AR15 is present, felony because he 'could' put it together.
(and as far as the law sees it 'could' means 'will')

I'm not a lawyer, so carry along that grain of salt to take with the above.

Federal laws for machine guns and whatnot has an intent clause if you have the parts. State law does not have the same sort of clause for AWB stuff.

 

[Dassarri]

Federal laws for machine guns and whatnot has an intent clause if you have the parts. State law does not have the same sort of clause for AWB stuff.

Interesting, most of the time I'll read people applying the constructive intent clause to AWB stuff too. Do you have a reference somewhere?

 

[Jeff]

Interesting, most of the time I'll read people applying the constructive intent clause to AWB stuff too. Do you have a reference somewhere?

Laws of New York

That's article 265. You can read through it, I don't see anything with constructive intent. Let us know if you find something.

265.15 lists all the presumptions stuff.

 

[Ralph]

There's a lot of not-quite-legal firearms that float around. There's also a high level of paranoia on this site.

An FFL nearby transferred an overweight AR pistol without blinking an eye here a couple years ago. Owner still has it, and has had to present it and his permit to LEO before.

It's a crapshoot, I suppose, but as I've said before, I think you gotta **** up pretty well otherwise to manage to pull a Felony charge out of a bayo lug and M4 stock. At least judging by the political climate out this way.

 

[Ralph]

Added: Please don't take that post as legal advice, just a counter to the rather adamant paranoia on here.

 

[Nubz]

I think this forum needs to spend less time worrying about what other people do haha

 

[IDF]

I think this forum needs to spend less time worrying about what other people do haha

I brought it up because I was just checking myself actually. Making sure what I "thought" was right. I don't care if you have 5 unregistered Glocks and a rocket launcher under your bed. I have no problem with people who break the NYS gun laws. Yes I know that statement will bother people and no I don't care to argue about it.