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Hi all, new member here. I am a resident of New York State, and in researching the laws on rifles and what is permitted I have a few questions. I am planning to order an 80% AR-15 lower and build a rifle around it. My questions revolve around the following NYS law

NYS Penal Law § 265.00(22)

22. "Assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; (v) a grenade launcher; or
I plan on buying this kit from Midway
DPMS Sportical AR-15 Carbine Kit 5.56x45mm NATO 16" Barrel with Sportical Upper Assembly, Collapsible Stock Assembly, Lower Receiver Parts Kit Pre-Ban - MidwayUSA

I believe the stock qualifies as a telescoping stock, and to make it legal I can pin it in place with a "not easy to remove" method? (I was thinkning of epoxy to fix it at the right length for me) There is no bayonet mount or grenade launcher so I should be okay. There is a flash hider with it, so I'll need to order a muzzle break, pin and weld it (I have the equipment to do this).

Part d:
d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as: (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD M-10, M-11, M-11/9, and M-12; (vii) Steyr AUG; (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (ix) revolving cylinder shotguns, such as (or similar to) the StreetSweeper and Striker 12;

This is where it gets interesting, I see bushmaster ar-15 variants for sale at the sporting goods stores, but according to section iv above, they're considered an assault weapon and banned under the AWB still in effect in NYS?Can someone shed some light on this subject for me?Thanks, NYS Gun Owner
 

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Hi all, new member here. I am a resident of New York State, and in researching the laws on rifles and what is permitted I have a few questions. I am planning to order an 80% AR-15 lower and build a rifle around it. My questions revolve around the following NYS law

NYS Penal Law § 265.00(22)

22. "Assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; (v) a grenade launcher; or
I plan on buying this kit from Midway
DPMS Sportical AR-15 Carbine Kit 5.56x45mm NATO 16" Barrel with Sportical Upper Assembly, Collapsible Stock Assembly, Lower Receiver Parts Kit Pre-Ban - MidwayUSA

I believe the stock qualifies as a telescoping stock, and to make it legal I can pin it in place with a "not easy to remove" method? (I was thinkning of epoxy to fix it at the right length for me) There is no bayonet mount or grenade launcher so I should be okay. There is a flash hider with it, so I'll need to order a muzzle break, pin and weld it (I have the equipment to do this).

Part d:
d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as: (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD M-10, M-11, M-11/9, and M-12; (vii) Steyr AUG; (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (ix) revolving cylinder shotguns, such as (or similar to) the StreetSweeper and Striker 12;

This is where it gets interesting, I see bushmaster ar-15 variants for sale at the sporting goods stores, but according to section iv above, they're considered an assault weapon and banned under the AWB still in effect in NYS?Can someone shed some light on this subject for me?Thanks, NYS Gun Owner
Only the Colt AR-15 named in the ban is banned - an Armalite M15 is not a Colt AR-15 as far as the law is concerned, neither is a DPMS Panther. Just as a WASR is not considered a Poly Technologies AK
 

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d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as: (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD M-10, M-11, M-11/9, and M-12; (vii) Steyr AUG; (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (ix) revolving cylinder shotguns, such as (or similar to) the StreetSweeper and Striker 12
Only the Colt AR-15 named in the ban is banned - an Armalite M15 is not a Colt AR-15 as far as the law is concerned, neither is a DPMS Panther. Just as a WASR is not considered a Poly Technologies AK
I've often wondered this myself given the part in bold
 

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Nobody cares to elaborate?
Think of it this way - the NY AWB is a mirror of the Federal AWB. Do you really think that the Government was willing to sacrifice the sole provider of M4 carbines for the US Military (Colt) by making it so that they couldn't produce and sell any rifles in the US?

So as it stands only the firearms specifically mentioned in the ban are banned firearms.

Also - those firearms were banned because the didn't serve any 'sporting' use - an AR made now and sold in NYS doesn't have features that make the rifle un-sporting.
 

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Well it was based on the federal AWB but NY made changes to it so it was never exactly the same. Plus it never expires.

This is the tricky part:
d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as: (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD M-10, M-11, M-11/9, and M-12; (vii) Steyr AUG; (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (ix) revolving cylinder shotguns, such as (or similar to) the StreetSweeper and Striker 12
It specifically lists models and then goes on to say to specify "or copies" of these weapons. I think most would agree that pretty much any AR is a copy of the Colt. That's like saying a Kimber isn't a 1911 because it isn't a Colt.
 

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Well it was based on the federal AWB but NY made changes to it so it was never exactly the same. Plus it never expires.

This is the tricky part:

It specifically lists models and then goes on to say to specify "or copies" of these weapons. I think most would agree that pretty much any AR is a copy of the Colt. That's like saying a Kimber isn't a 1911 because it isn't a Colt.
That wording is EXACTLY the same as the Federal Ban...

They are Banned because THEY constitute what an Assault Weapon is - you have to take it in context of the entire bill and not just read a single line and try to make sense of it. In context of what is an Assault Weapon it is saying that the following are Assault Weapons and therefore illegal, the new model are not the same thing, they do not have bayonet lugs, flash hiders, collapseable stocks etc...

You're over thinking this.
 

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If the receiver does not say "COLT AR-15" on it and it is in post-ban config. you are good to go. You can order a Colt 6920 and have it neutered and be legal why?......
because it does not have "Colt AR-15" stamped into the receiver it is stamped
"Colts Law Enfocement Carbine"
Like stated earlier a WASR 10 is not a Poly tech AK therefore.......legal.
Stop trying to make this harder than it is.
 
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