getting a preban from out of state for ny?


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zeaken
July 8, 2010, 03:06 PM
Ok I live in ny and not NYC. Some one I know is selling a preban ak. The ak was originally purchased in PA about 2 years ago. It was sold by a dealer at a gun show to him. He now has the rifle up for sale at a desirable price.

Assuming the gun was made before the ban and is in fact a preban rifle is it legal to have here in NY even it was a PA gun at some point?

sorry if this is a repeat but i couldnt find anything like this and interstate gun laws make my head spin.

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wishin
July 8, 2010, 06:42 PM
I don't believe it matters; it's still classed as an assault weapon.

NavyLCDR
July 9, 2010, 09:40 AM
interstate gun laws make my head spin.

It is not the interstate gun laws that you must be concerned about. The interstate part of the transaction is easy - you must have the gun transferred to you from an FFL - any FFL.

New York laws are your only concern because when purchasing a rifle from an FFL in any state, the state laws of both the FFL dealer and the purchaser must be followed. In this case, New York law would certainly be most limiting.

Short answer is if you could walk into a gun shop in New York and buy that rifle from a New York FFL, you can buy (or be transferred) that same rifle in any other state the rifle is legal in from an FFL. Since New York has such a quagmire of gun laws, many FFLs simply do not wish to bother with them, though, and won't sell a rifle to a New York resident.

Prince Yamato
July 9, 2010, 12:25 PM
If it's pre-ban, it's good to go in NYS. Get it.

wnycollector
July 11, 2010, 05:57 AM
Some one I know is selling a preban ak.

If the "Someone I know" is a NYS resident and the gun is pre-ban you would be doing a private sale face to face. You are good to go.

AuthorityDenied
December 11, 2010, 02:14 AM
here you go from wikipedia

Assault weapons ban in New York politics
New York's version of the law is very similar to the Federal version, but New York's version does not have a sunset provision. According to the laws of the State of New York, a magazine with a capacity of more than 10 rounds manufactured after September 14, 1994 cannot be legally possessed by anyone other than a law enforcement officer. A provision of the Federal law required the date of manufacture to be stamped on every newly manufactured "large capacity" magazine. Because that requirement is no longer in effect, the New York magazine ban becomes potentially unenforceable except with respect to those magazines manufactured during the ban and marked according to federal regulations then in effect.

NYS Penal Law 265.02(6) makes it a class D felony to possess "a large capacity ammunition feeding device," which is defined in Penal Law 265.00(23) as "a magazine, belt, drum, feed strip, or similar device, manufactured after [September 13, 1994], that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition." Possession of unmarked "large capacity" magazines made after the sunset of the federal ban thus subject New Yorkers to felony charges. Police and prosecutors may be able to determine actual manufacture dates of seized magazines from information not generally available to consumers, such as the dates of magazine design changes and parts assembly numbers. The New York ban thus leaves possessors of unmarked post-ban magazines at risk of felony charges since they may not know the magazines were manufactured post-sunset and not pre-ban.

During the period of the federal ban, ATF would issue rulings as to whether attachment of a given muzzle device on a post-ban rifle was permissible because it acted only as a brake, or impermissible because it acted as a flash suppressor. As with magazines, the New York regulatory scheme implicitly relied upon such federal regulatory determinations for enforcement of the state's ban. With the sunset of the federal ban, ATF is no longer concerned with classifying muzzle devices. New York residents now may acquire or modify rifles attaching what they believe to be muzzle brakes, but which at some point New York police or prosecutors may deem to be flash suppressors, resulting in arrest or prosecution for unwitting possession of a banned rifle. [See NYS Penal Law 265.00(22) defining "Assault Weapon" to include "a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics... (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor." There is no definition of "flash suppressor" in 265.00, which contains all definitions for the ban, thus leaving grounds for arrest and prosecution uncertain until what is or is not a "flash suppressor" is resolved by state courts or clarified by statute.]

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