New York Firearms Forum banner
1 - 20 of 59 Posts

·
Registered
Joined
·
128 Posts
Discussion Starter · #1 ·
Assuming I had a post-ban AR-15, but registered it as an assault weapon under SAFE Act, am I now free to install "pre-ban" features such as collapsible stock and flash-hider, or, am I obligated to keep it in "post-ban" configuration?

I have read the statute, and it remains unclear...
 

·
Registered
Joined
·
2,901 Posts
Under the new law their is no longer a pre or post ban definition, so if registered yes you can put all the features on it. It's either an "AW" or it's not.
 

·
Registered
Joined
·
11,238 Posts
First sorry for those who registered the so called Assault Weapons. The future is uncertain here.
Let me try to answer with some facts vs. opinions or speculation:
A) the law doesn't imply a firearm is less legal with preban features if it is compliant but also doesn't state it is legal.
A legal counsel can help here but they all arrive to the same conclusion. The law is imprecise and arbitrary.

B) If a firearm was a post ban compliant during the previous ban it means it would have any of these: a pinned muzzle device,
no bayonet lug, a pinned stock, semiauto, etc... For that firearm to become legal it would have been registered as it was.
If the firearm during the previous ban was preban then you can keep it as it was and I would make sure that I have the same
proof (Serial and date) to demonstrate the firearm was from that time period. Those could have a flash hider, bayolug, collapsible stock.

C) In the education sessions held by NYSP folks were told that the firearms registered as they were unchanged and could not be modified.
A lot of people argued and disagreed but this is what their answer was and it was very clear. At the same time they gave a lot of options
to convert firearms and magazines to compliance so they do not have to be registered but this is a different story anyway.

D) We have seen in reports from arrests where firearms are confiscated w/o a warrant and then held for evaluation. Law enforcement decide
nothing. They might see something they do not like and simply take it. There is a lot of confusion and debate about
the compliance options as the definitions are vague or even contradictory but one thing is clear the preban features under the previous ban
were easy to understand and if those are found to have been modified in the firearm it could be constructed as an attempt to achieve "something"
that we know is meaningless but also keep in mind the gestapo are looking for excuses to justify this non sense law and eliminate all the
so called AWs so that takes us back to point C and their response there.

These are facts not opinions. So whether we like them or not it doesn't matter. This is where we are.

I would say one should stay legal and keep the gear ready and the nose clean until the courts figure out this mess.
And also what happens in vegas stays in vegas.

I hope this helps.
 

·
Registered
Joined
·
6,741 Posts
Including a new sear engagement group? I mean, well, that would make it an 'assault rifle.
Robin Browning
 

·
Registered
Joined
·
4,835 Posts
(H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
ANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH,
Trying my best to wear my "anti-gun DA" hat, my own personal belief since this BS passed is that if you add features that would have made it illegal under the AWB of 2000, that a DA will most likely prosecute if you're found in possession. Maybe the NYS Troopers will clarify when they drop by on their next routine inspection.
 

·
Registered
Joined
·
11,238 Posts
Including a new sear engagement group? I mean, well, that would make it an 'assault rifle.
Robin Browning
A new sear engagement gruop? you mean upgrading a trigger group? that is a maintenance. It doesn't change the features
from the legal stand point.
 

·
Registered
Joined
·
11,238 Posts
Trying my best to wear my "anti-gun DA" hat, my own personal belief since this BS passed is that if you add features that would have made it illegal under the AWB of 2000, that a DA will most likely prosecute if you're found in possession. Maybe the NYS Troopers will clarify when they drop by on their next routine inspection.
That is the point. They can use that against one and it is easy. Now, some DAs will avoid getting into this mess but others might use it and it clearly
stepping into the red. So this depends on each person and how much free time and money and lawyers one has.
I would not take that risk and instead send some letters to politicians and funds to Scope and others to keep up the fight in the higher courts.
 

·
Registered
Joined
·
11,238 Posts
I think what he is reffering to would be illegal under Federal law ;-)
Not sure what federal has to do with this?. We were also talking if one had a rifle of those NY preban from the federal ban expired in 1994. These were legal under the previous ban before the SAFE act and they should continue
to be legal, registered of course ... well ... or moved to one's summer home in florida.
As far as I know only the preban magazines have been killed due to the count limit no matter what year. The registration says nothing about preban rifles.
 

·
Registered
Joined
·
1,421 Posts
Clearly the OP is just curious. No one would ever obey Der fuhrer because that would just be stupid right? Those who registered deserve inspections.
 

·
Registered
Joined
·
11,238 Posts
"assault rifle" vs "assault weapon". Trigger group where the selector has 3 positions. That would be Federal.
Ok. I see this is irrelevant. I don't see a lot of those in NY. only military and special units so not sure why we bring them up.
I don't know any Enthusiast or FFL who has a stamp for selective fire small arms, at least around here.
Anyway not many could afford one of those. So better keep these things out so we do not confuse the average rifle owner. Or maybe robin can explain what he meant ??
 

·
Registered
Joined
·
9,682 Posts
If I had registered any post ban rifles I would have changed them over to full feature. Has any member here even been asked for proof of registration by a LEO or anyone for that matter? But they are going to research your serial number to find out what the original rifles configuration was. Bull ****! I have been to 3 ranges lately including a county owned one and everyone has full featured rifles. No questions asked, no weird looks and no asking for papers. The law doesn't even call for you to have proof of registration with you. Plus the state police are full of **** so i wouldn't go by anything the say.

Tell me your "I had to show my papers story" can't wait to here them. Post up I'm waiting! Oh and FUAC!
 

·
Registered
Joined
·
4,835 Posts
That is the point. They can use that against one and it is easy. Now, some DAs will avoid getting into this mess but others might use it and it clearly
stepping into the red. So this depends on each person and how much free time and money and lawyers one has.
I would not take that risk and instead send some letters to politicians and funds to Scope and others to keep up the fight in the higher courts.
Precisely. What's actually legal or not means nothing (no one knows anyway), it all depends on what a DA will do.
 

·
Registered
Joined
·
11,238 Posts
If I had registered any post ban rifles I would have changed them over to full feature. Has any member here even been asked for proof of registration by a LEO or anyone for that matter? But they are going to research your serial number to find out what the original rifles configuration was. Bull ****! I have been to 3 ranges lately including a county owned one and everyone has full featured rifles. No questions asked, no weird looks and no asking for papers. The law doesn't even call for you to have proof of registration with you. Plus the state police are full of **** so i wouldn't go by anything the say.

Tell me your "I had to show my papers story" can't wait to here them. Post up I'm waiting! Oh and FUAC!
I gave the facts I know. I cannot give the ones I don't have and don't know nor give advice based on speculation.
But in the end I think we have enough info to make a personal decision for ourselves individually, and hey, this is a free country after all !!.... or at least
it used to be.
 

·
Registered
Joined
·
9,682 Posts
I gave the facts I know. I cannot give the ones I don't have and don't know nor give advice based on speculation.
But in the end I think we have enough info to make a personal decision for ourselves individually, and hey, this is a free country after all !!.... or at least
it used to be.
Don't think my post was going after you. I'm just sick of the paranoia. Any info that isn't in the law isn't there. Interpreting it in any way is speculation and nothing else. Meketrefe your a reasonable middle of the road guy, has anyone asked you for proof registration or even looked at you funny since the safe act? I'm going to guess no.
 
1 - 20 of 59 Posts
Top