threaded barrel and its legality in NY


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gunmanf4i
December 19, 2004, 01:37 AM
ok the state is NY (county is suffolk if it matters)
the gun in question is hk mark 23 (or any PISTOL with a threaded barrel)
Yes, i have the pistol permit (sportsman)

is it legal to own???

i've had many yes's and quite a few no's from what i thought were reliable people. so i figured it might be worth it to just post the question

thanks

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Gray Peterson
December 19, 2004, 02:27 AM
Read the following laws:

NY Penal Law Chapter 265 and NY Penal Law Chapter 400

beerslurpy
December 19, 2004, 02:30 AM
A smoothbore pistol is an AOW (sawed off shotgun basically).

edit: nevermind I'm a retard, I thought you were talking about a _rifled_ barrel.

Graystar
December 19, 2004, 09:41 AM
Here’s the pertinent law:

ARTICLE 265
FIREARMS AND OTHER DANGEROUS WEAPONS

S 265.00 Definitions.
...
22. "Assault weapon" means
...
(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;
(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;

The Mark 23 possesses only one of the characteristics listed. Therefore, the weapon is technically legal.

However, the licensing system allows as much discrimination in what handgun you get as there is in licensing itself. For example, if you don’t have a carry license you can pretty forget about having a NAA mini revolver added to your license, even though a mini has no illegal characteristics.

The only way to know for certain is to call your particular licensing authority and ask if the gun is okay.

beerslurpy
December 19, 2004, 02:14 PM
Wait, you have to ask for permission for EACH GUN?

Graystar
December 19, 2004, 06:40 PM
Wait, you have to ask for permission for EACH GUN?Yes. First you get a license, and then you add guns to the license. Each gun get listed with its serial number and caliber on your license.

The state procedure might be a little different, but in New York City, to get a handgun you first fill out a Purchase Request form and send it to the licensing authority. If they're okay with it, they send you a Pistol Purchase Authorization. You buy the gun and then bring it to the Licensing Division to get it inspected. If the inspecting officer approves then your license is updated to list the new gun and you go home.

However, the licensing officer may decide that you have no need for the gun you're trying to get, in which case you're SOL. I'm not sure what the procedure is if you get turned down at the inspection.

Standing Wolf
December 19, 2004, 08:54 PM
I guess I'm going to have to reread the Second Amendment, because I don't remember seeing anything in it about threaded barrels.

mhdishere
December 20, 2004, 09:59 AM
Graystar:
I'm pretty sure the inspection is for two purposes, to make sure you actually bought the gun you applied for a license for (since you have to tell them make/model/caliber/barrel length/finish when you apply for the purchase permit) and to record the serial number (and IIRC they KEEP your bill-of-sale) so they know, ummm, where to return the gun if it's stolen and recovered, yeah, right, that's why they make you register your gun.....

Graystar
December 20, 2004, 12:59 PM
I'm pretty sure the inspection is for two purposes, to make sure you actually bought the gun you applied for a license for (since you have to tell them make/model/caliber/barrel length/finish when you apply for the purchase permit) and to record the serial number (and IIRC they KEEP your bill-of-sale) so they know, ummm, where to return the gun if it's stolen and recovered, yeah, right, that's why they make you register your gun.....Well, seeing as I had already explained that the make, model, serial, and caliber are put on the license...I thought that was a given. Regardless, the inspector ultimately has the final say.

BTW the NYC purchase request doesn’t ask for finish, and NYC doesn’t keep your bill of sale.

mhdishere
December 20, 2004, 02:15 PM
Graystar,
Funny, when I lived in NYC they did keep my bill-of-sale when I went in for inspection. On my first gun I didn't know that, so didn't make a copy of it (and they wouldn't do so there), the second I made a copy for my records. (I know I put IIRC in my post, but after my coffee I distinctly recall them keeping the receipt).

It's been a while, so I may have been mistaken about the finish.

The bad memories are coming back! People laugh at me when I tell them things got BETTER when I moved to NJ.

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