NY AR15 law... what's the deal?

jbrodsky said:

Does anyone know what the laws are in NY State re: AR15's?... i was wondering if there are any New Yorkers out there who have such a weapon that can shed some light on the subject.

Thanks!

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They have a list of assault weapon features and you can't have more than 2 and no hi cap mags at all... 10 round max.

Semi-automatic, pistol grip, detachable mag, no telescoping stack, no bayonet lug, no flash suppressor or muzzle brake. is a legal rifle. Remove any of the "no" entries above and the gun is not legal.

Best to pull the NY Penal Code statute and read exactly what is and isn't legal. Don't trust me on it. Verify for yourself.

Thanks Bree! I look into it further.. someone also mentioned that if you have a rifle and the lower receiver is preban, you can have those "NO" items you have stated above... tho like you said I'll have to double check that.

There is going to be a gun show in Orange County Nov 3-4. Hopefully I'll be able to find something there.

Geee, that would me AUG legal.

jbrodsky said:

Thanks Bree! I look into it further.. someone also mentioned that if you have a rifle and the lower receiver is preban, you can have those "NO" items you have stated above... tho like you said I'll have to double check that.

There is going to be a gun show in Orange County Nov 3-4. Hopefully I'll be able to find something there.

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I can't tell you about mixing parts with pre-ban and post-ban components. I can tell you that if you make a mistake, bad things can happen. So check it out with someone who knows for certain.

If you plan on buying a complete rifle, most online dealers can work with you. I bought my Rock River Arms AR from Pete @ AR15sales.com
I picked the fixed stock I wanted (ACE) and substituted the permanently attached RRA "military style" muzzle brake for the A2 flash hider. The bayonet lug was also removed and refinished.

I know Bushmaster offers NY legal models and I'm sure there are other manufacturers that have similar models.

Be careful if you plan on building your own...... as far as legality is concerned. Good luck.

A semi-automatic rifle is an assault weapon if it can accept a detachable magazine and has two or more of the following:

• A folding or telescoping stock
• A pistol grip
• A bayonet mount
• A flash suppressor, or threads to attach one
• A grenade launcher.

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Muzzle breaks are OK as long as they are permanently attached, or no flash supressor exists for the weapon, i.e. a romanian akm.

here is a quote from the nra ila website for NY.

"It shall be unlawful to posses and "assault weapon" or "large capacity ammunition feeding device". So called assault weapons lawfully possesed prior to September 14, 1994 and large capacity ammunition feeding devices manufactured prior to such date can continue to be lawfully possessed..."

I'm not %100 sure what "possessed prior to" means... does that mean I can buy an "assault rifle" if it was lawfully possessed before that date by someone else?

My wife is taking a handgun safety coarse at the Sherifs Dept on Wed. The class is taught by a Sargeant... I'll ask him what the deal is and let you guys know.

Thanks for all the feedback

As long as the lower was once built into an "assault weapon", before september 14th 1994, then yes you can own it. How would anyone know for sure that it was an "assault weapon" before that time, god knows.

Stuff is d&mned complicated. Ever get the idea that NY just doesn;t want you to have these things?? Stupid state.

One other thing to add, the NY State hi-cap law as it applies to the AR-15 allows you to have pre-ban mags. Pre-ban meaning mags that were made before the Federal (and NY State) AWB and were purchased before that time as well. Again, as to how to prove when it was bought is one thing, as to when it was made, that is easy enough to prove.

There are Colt 20 round mags that have the 5 or 10 round limiters welded in there, if you want the look of a normal mag without the legal trouble.

As for the parts, just make sure you have either an A2 style stock, or a pinned/fixedA4 style that cannot collapse... and weld that compensator on, openly threaded barrels are a no-no (I went with a LWT post-ban colt barrel just to be safe)

I am not a lawyer, I do not play one on TV.

This should shed all the light anyone would want to know about Federal and state laws.

http://www.oa2.org/forums/viewtopic.php?t=5436

I'm about to build an AR in NY state and have been researching the laws. Everyone covered everything here pretty well.

These guys on XDTalk know their stuff. That's the fact. I am amazed everyday by some new little piece of info I find here.

awesome darkvibe... what's the specs for the rifle you are going to build?

jbrodsky said:

awesome darkvibe... what's the specs for the rifle you are going to build?

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Not 100% sure yet but I have a stripped lower coming in by the end of the week. The shop called and said it was "made by Saber". I assume that's Saber Defence Industries. Not familiar with them but it's a chunk of metal so it can't be too bad.

I'll probably order a kit for the rest. Olympic arms to keep it cheap (relative to some other brands) with a flat top, standard gas block, stainless fluted heavy barrel (16" or 20"), floating handguard, A2 buttstock, left handed pistol grip and ambi charging handle. Then get a decent scope and bipod for it.

I'm going out to shoot a couple before I buy the upper and lower parts kit to see what I do/don't like.