Assault Weapon Ban In New York State Making sense at the law
In New York we have a ban on Assault Weapons Its a crazy thing. A copy is banned but it isn't a copy unless it is an illegal weapon. As defined in Nys Penal Law.
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: If it has 2 its a banned weapon And is considered a copy.
(i) a folding or telescoping stock; Can be pinned but must be non-removable
(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
Shot gun section assault weapon definitions
(b) a semiautomatic shotgun that 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 fixed magazine capacity in excess of
five rounds;
(iv) an ability to accept a detachable magazine;
or
Pistol section
(c) a semiautomatic pistol that has an ability
to accept a detachable magazine and has at
least two of the following characteristics:
(i) an ammunition magazine that attaches to
the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a
barrel extender, flash suppressor, forward handgrip,
or silencer; These should be welded to be non-issue
(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits
the shooter to hold the firearm with the nontrigger
hand without being burned;
(iv) a manufactured weight of fifty ounces or
more when the pistol is unloaded;
(v) a semiautomatic version of an automatic
rifle, shotgun or firearm; or
Copy Section It is only a copy if it has 2 or more of the definitions of assault weapon above
(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: Banned Makers only copies are banned but must have 2 of definitions of assault weapon to be copy.
(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 Street Sweeper and Striker 12;
(e) provided, however, that such term does
not include:
(i) any rifle, shotgun or pistol that (A) is manually
operated by bolt, pump, lever or slide action;
(B) has been rendered permanently inoperable;
or (C) is an antique firearm as defined in 18
U.S.C. 921(a)(16);
If it was made pre-ban all above does not apply.
Pre-ban Hi-Cap Mags OK Be sure you buy from good source to make sure they are really pre-ban mags.
These are how they were explained to me.
BY
Mark C. O'brien
Technical Sergent
Troop A CoBis Unit
Troop A Headquarters
Bataiva,NY
585-344-6270
MCOBrein@troopers.state.ny.us
Kyle A Wilkins Investigator
USDOJ-ATF
Buffalo,NY
716-853-5160
Kyle.Wilkins@atf.gov
These would be the local people if you had questions on firearm issues. They are very helpful.
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