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As long as when it is assembled it is Safe Act compliant yes you can keep it dissembled .But if your attempting to own and have in your possession a non compliant assault weapon by simply skirting the law by keeping it apart you are really in a dark grey area called constructive intent meaning what is your intent to have those components ? Are you building an AR from parts or are you trying to find a workaround of the Safe Act by keeping it in pieces? I really don't think in my personal opinion that the parts are just that parts argument fits this situation.
 

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Technically, the SAFE Act does not have a constructive intent law. That is for NFA weapons. I would say it is legal, but IANAL and I fully believe if some pig wanted to give you a hard time, it would some how get assembled before it reached the station. As with anything to do with the SAFE Act, do what you would be willing to pay a lawyer to defend.
 

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I'm looking to assemble a compliant rifle from parts in another state then bring the compliant rifle+extra parts home
That would be completely legal the key word is compliant you could build in state as long as when assembled it was compliant but I wouldn't have non compliant parts in the same place as the compliant rifle but that is me I cover all my bases when it comes to intent
 

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I always had a question about this and I think it is a grey area. You could have a lower and upper fully assembled but detached and be waiting to build the the other half SAFE Act legal but just not have gotten around to it yet. Who is to say you are going to put it together? It is legal but like Skwiggledork said if a cop disliked you or was in a bad mood that day or didn't get some from his wife the night before it might find itself "assembled" somehow from your house to the station. Unlikely IMO as long as it is not assembled.
Technically, the SAFE Act does not have a constructive intent law. That is for NFA weapons. I would say it is legal, but IANAL and I fully believe if some pig wanted to give you a hard time, it would some how get assembled before it reached the station. As with anything to do with the SAFE Act, do what you would be willing to pay a lawyer to defend.
 

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If the rifle is not assembled but all the parts are present and it can be assembled without gunsmithing, it meets the definition of a firearm (AW). Taking it apart does not obviate that.
how is that?
especially with a AR platform
the lower is not a semi with out a usable semi upper attached
the upper is not a semi without a usable lower attached
and also please show me in the safe act exactly where it says you cant have parts
i will tell you that it roughly says the weapon CAN be dissembled/made inoperable and be in-compliance with the law
so therefore if you pop 2 pins you have now made that weapon Inoperable and Compliant
also to the OP you can leave the grip on the lower because with out a working semi upper on it it is not a semi so it does not fall under the law
the Exact same lower with the Exact same parts are used in semi builds and bolt,pump,straight pull, and single shot builds
 

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how is that?
especially with a AR platform
the lower is not a semi with out a usable semi upper attached
the upper is not a semi without a usable lower attached
and also please show me in the safe act exactly where it says you cant have parts
i will tell you that it roughly says the weapon CAN be dissembled/made inoperable and be in-compliance with the law
so therefore if you pop 2 pins you have now made that weapon Inoperable and Compliant
also to the OP you can leave the grip on the lower because with out a working semi upper on it it is not a semi so it does not fall under the law
the Exact same lower with the Exact same parts are used in semi builds and bolt,pump,straight pull, and single shot builds
The ballistics expert will testify that he assembled it into an AW without gunsmithing, by simply putting the parts together, and the Judge will rule it is a weapon. There is case law on this,
Same as you can not bring in a Glock from out of State and take it apart and say it is not a gun.
 

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a glock frame from out of state is still a pistol and is still required to be on your permit
apples to oranges
and you are telling us that they can take 2 items that are not assembled together and say
it took no skill to put them together so it was together?
well shit I reload and have plumbing supplies so i guess I have a bomb also
 

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a glock frame from out of state is still a pistol and is still required to be on your permit
apples to oranges
and you are telling us that they can take 2 items that are not assembled together and say
it took no skill to put them together so it was together?
well shit I reload and have plumbing supplies so i guess I have a bomb also
First of all, the lower is a firearm under Federal law. So it is a gun, there is no way around that.
You may not like the answer, but it stands. From personal experience and from ballistics detectives that I know, the answer remains the same. If all the parts are present and it can readily be put back together without gunsmithing, it is an AW and you will be found guilty.

The wrinkle here is this: If you have a NY legal AR, and you ALSO have an upper with a flash hider, you are OK as long as you keep the legal rifle complete and do not mount the "illegal" upper. The standard the State uses is simple: If you have a complete, assembled rifle that is legal, it does not matter what other parts you have. But if you take it apart and have the "illegal" parts on hand and it can be readily assembled to be "illegal", it is a ticket to jail.

In fact, the conversation I had with the Counsel to the NYSP, the actual lawyer who defended the SAFE ACT in Court of behalf of the State, is this:

I have an M1 Carbine. I removed the barrel band with the bayo lug to avoid registration. But I still have the original barrel band with the lug. What is the legality? Straight from the man who defended the law: What's on the gun is what's on the gun. What is not on the gun does not matter.
 

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yes the lower is a firearm by federal law you are correct BUT it is not a semi in any way shape or form

so you are telling me that pushing out 2 pins is not "gunsmithing" but pushing 1 pin is

also you are stating in 1 paragraph you cant own the parts to complete a "assault weapon" but in the next one you say its just fine
and the State also said you ARE allowed to make the firearm inoperable and stay within the law. nothing is stated on how it must be done
removing the upper from the lower makes it inoperable
 

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yes the lower is a firearm by federal law you are correct BUT it is not a semi in any way shape or form

so you are telling me that pushing out 2 pins is not "gunsmithing" but pushing 1 pin is

also you are stating in 1 paragraph you cant own the parts to complete a "assault weapon" but in the next one you say its just fine
and the State also said you ARE allowed to make the firearm inoperable and stay within the law. nothing is stated on how it must be done
removing the upper from the lower makes it inoperable
You are trying to play lawyer and it is not working. There is case law on this issue, all laws are subject to Court interpretation.
"Operable" is something of a term of art. If you have a Glock and remove the firing pin and put it in your pocket, does that make it inoperable? NOT. There was an actual case in Nassau County who did exactly that with a Browning Hi Power and then drove onto the campus of Nassau Community College. He was convicted.
If the gun has a broken firing pin, inoperable. If the cylinder is rusted shut and you can not load a revolver, inoperable. A working lower and upper laying in a box but not mounted - OPERABLE. All you have to do is put it together.

As far as what I said before, to change the barrel band on an M1 Carbine requires a special tool to remove the front sight. Thus, changing that part requires GUNSMITHING.

I have a registered pre-ban HBAR. I also have an ARES SCAR. If I was to take the upper off the HBAR and mount it to the ARES, FELONY!!
But each is assembled into a complete rifle, and each is legal.
Now if I had both taken down for cleaning at the same time and there was a raid, THAT would require a Court ruling and I don't know the answer. Because the uppers interchange and therefore could be re-assembled into an illegal configuration. But as long as you have an AR with a spur grip you can own all the pistol grips you want, just don't put them on the gun. If you remove the spur and put the gun into a box along with the spur and the PG, THAT could send you to prison. Very confusing, all BS.
 

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even a stripped pistol frame is required to be on a permit
a lower is the firearm itself every thing else is just parts
to change a m1 barrel band all you need id a hammer and a drift pin you dont need the press that is sold
as far as building a AR there are no special tools needed and no "Gunsmithing" required you could put one together with the most complicated tool being a hex wrench
I am not trying to be or talk like a lawyer but you are talking in circles
again in 1 sentence you said in your post you cant have the parts necessary to "complete" a "Assault" weapon
but in the next one you say that you can
also you said the experts will put the weapon together and tell the courts LOOK HERE IT WORKS Great let them do that and then you can sue their asses off for Evidence tampering because it was not functional nor complete at the time.
also when do you want to say that working on this firearm is "Gunsmithing"???
 

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even a stripped pistol frame is required to be on a permit
a lower is the firearm itself every thing else is just parts
to change a m1 barrel band all you need id a hammer and a drift pin you dont need the press that is sold
as far as building a AR there are no special tools needed and no "Gunsmithing" required you could put one together with the most complicated tool being a hex wrench
I am not trying to be or talk like a lawyer but you are talking in circles
again in 1 sentence you said in your post you cant have the parts necessary to "complete" a "Assault" weapon
but in the next one you say that you can
also you said the experts will put the weapon together and tell the courts LOOK HERE IT WORKS Great let them do that and then you can sue their asses off for Evidence tampering because it was not functional nor complete at the time.
also when do you want to say that working on this firearm is "Gunsmithing"???
For the last time: You can not have a complete "AW" broken down to parts and claim it is legal. They will put it together and charge and convict you. Any lawyer will tell you the case law governs, and you have not even bothered to do your research.
And good luck removing an M1 Carbine front sight with a drift. Possible but not easy. And that's exactly the point. Taking the upper off the lower does not render it not a gun or not an AW. They can just put it back on.

The bottom line: because of FUAC it is illegal to possess an AW. There is no easy way around this law. Period.
 

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For the last time: You can not have a complete "AW" broken down to parts and claim it is legal. They will put it together and charge and convict you. Any lawyer will tell you the case law governs, and you have not even bothered to do your research.
And good luck removing an M1 Carbine front sight with a drift. Possible but not easy. And that's exactly the point. Taking the upper off the lower does not render it not a gun or not an AW. They can just put it back on.

The bottom line: because of FUAC it is illegal to possess an AW. There is no easy way around this law. Period.
You even said you can have a m1 with out a bayo lug AND have a band with the lug in your possession that is having the parts to complete a AW which way is it? you cant have both ways
you can drift out a front sight pin very easy I have done a few before I bought the "press" to do it
case law shit they cant take parts and assemble something you didnt have in your possession any good lawyer will get that thrown out of court
I can legally own every part necessary to build a Full featured AR and they CANNOT assemble them and say look what he had
A monkey with a hammer a pair of "channel lock" pliers and a screwdriver can put a AR together there is NO "Gunsmithing" involved in it
 

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You even said you can have a m1 with out a bayo lug AND have a band with the lug in your possession that is having the parts to complete a AW which way is it? you cant have both ways
you can drift out a front sight pin very easy I have done a few before I bought the "press" to do it
case law shit they cant take parts and assemble something you didnt have in your possession any good lawyer will get that thrown out of court
I can legally own every part necessary to build a Full featured AR and they CANNOT assemble them and say look what he had
A monkey with a hammer a pair of "channel lock" pliers and a screwdriver can put a AR together there is NO "Gunsmithing" involved in it
You continue to WOW us with your intimate knowledge of the laws and Court procedures. Go ahead and be the test case.
 

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You even said you can have a m1 with out a bayo lug AND have a band with the lug in your possession that is having the parts to complete a AW which way is it? you cant have both ways
you can drift out a front sight pin very easy I have done a few before I bought the "press" to do it
case law shit they cant take parts and assemble something you didnt have in your possession any good lawyer will get that thrown out of court
I can legally own every part necessary to build a Full featured AR and they CANNOT assemble them and say look what he had
A monkey with a hammer a pair of "channel lock" pliers and a screwdriver can put a AR together there is NO "Gunsmithing" involved in it
And AGAIN, if you have a COMPLETE rifle in legal configuration, it is what it is. They can't take stuff off and replace it to make it illegal.
BUT if the gun is not assembled they CAN put the parts together. The point about gunsmithing is simple - IF the gun was for example an M1A, and you had all the parts including the barrel with flash hider in parts, that is NOT an assault weapon because it requires a gunsmith to install the barrel and make it operable. The problem with the AR is exactly what you said, it can be put together without any special skills or tools. Installing a barrel on an M1A receiver requires setting headspace, proper barrel blocks and wrenches, possibly a lathe. You can not simply screw in the barrel and call it operable. BUT the AR is different as you well know.
 
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