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Discussion Starter · #1 · (Edited)
It is my understanding that NYS recognizes constructive posession of firearms (and drugs) based on the ruling in People v Lawrence Johnson (2009).

If one were to remove the features from a formerly compliant rifle would you be at risk of comitting a felony if the parts remained in your possession? I wonder if having spare parts for out of state shooting could land you in prison? Would this apply to (unassembeled) mag rebuild kits for (post 1994) standard capacity mags as well?

Forgive me if this has been discussed, I recently moved to NYS.
 

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Hmm that may be a question for an attorney. for parts of the weapon, I can't see how it would constitute a felony but the law is confusing as heck. Not sure if it's within the scope of the thread, but check out the Tresmond thread on here and maybe ask the question there, as he is an attorney. As far as the mag kits, again it may be a gray area, because is it technically a mag if it's not assembled? I don't know.
 

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I always understood that only an assembled magazine is a magazine. Anything else is just parts. Same for gun parts. Just because you have the ability to make something illegal doesn't make it illegal in and of itself, right?
But also, the items in and of themselves would need to be illegal. For example, a spring is not illegal outside of an assembly. Nor is a flash hider sitting alone in a box. The flash hider COULD make a rifle illegal if attacker to the barrel and the gun was assembled. In the case cited above, drugs were the issue. The drugs were in and of itself illegal. Same with illegal firearms. Gun parts, unless specifically made illegal, are not illegal on their own.
I certainly would be curious to hear an attorney's opinion!
 

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Since the FAQ specifically says that you can remove features to avoid registration I doubt they would turn around and prosecute you for removing evil features.

to save a few people from replying:

-the NYSP don't know ****
-the FAQ sucks
-it's NY they will prosecute you if they want
-it was a conspiracy to arrest gun owners and disarm NY
 

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Constructive intent applies to things like MGs and SBRs... Standard non-NFA guns, here in NY, no.

wasnt illegal pre-safe. I don't think it's changed otherwise literally every gun owner could be guilty of something
 

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IANAL, but here is my understanding after looking at that case and my (possibly incorrect) understanding of constructive possession.

Constructive possession is not about *construction*, but more about possession. The case you site has to do with determining whether the person could be charged with possessing contraband if the contraband items (drugs in this case) were located in an area where several people had access and some degree of control over.

An example would be if the NYSP raided an apartment where several people lived, and they shared a common space like a kitchen. If a gun is found in the kitchen but is not registered to any person in the apartment, constructive possession may be used to try to charge one or more residents of the apartment with a firearms charge, even though the gun was not in an area where any single person had control (like a private bedroom for instance).

I do not think that constructive possession has much if anything to do with lawfully having possession of individual items that could be assembled into an item that would be contraband. I think that the prosecution would have to at least convince a jury of intent to build a contraband item - if just possessing the tools were enough, everybody with a can of gasoline and a pack of matches in their garage could be prosecuted for arson.
 

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If the parts are with you all at the same time somone might consider this as it can be "readily converted" to the original configuration.
According to NYSP a mag stop with epoxy would be consider as something that CANNOT be readily converted. We have this reply on video.
Regarding the parts in different locations at different times I would say anyone will have a VERY HARD TIME demonstrating
how that is constructive possession. And someone would have to find all the matching parts in the first place so good luck with that.
 

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Wasn't it that if you made changes to the gun to make it legal that the changes had to be permanent ?
As in grinding off the beyonet lug, removing the stock and blocking high capacity magazines.
 
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