Moving to NY state with AR


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Lurp
July 13, 2010, 02:35 AM
I just graduated college and in a couple of weeks I'm moving back to NY from TX until I can find a job out west, which is hopefully sooner than later. While in TX I bought an AR that is not AWB compliant and therefore illegal in NY state. NY's AWB mirrors the old federal AWB, which was a ban on the cumulative features of the rifle. My AR is a basic 16.5" carbine style AR with a colapsable stock, flash surpressor, removable carry handle but does NOT have a bayonet lug. I was wondering if it would be possible to legally disassemble my rifle into basic components like stock, buffer tube, pistol grip, trigger assembly, upper, etc and bring it into NY state without ever assembling it again until I leave. I would not bring any "hi-cap" magazines into the state, only my basic components of the rifle.

The way I understand it the rifle must contain a detachable magazine and two or more of the listed features such as a flash surpressor, colapsable stock, pistol grip, bayonet lug and grenade laucher. If I just keep the peices seperate and never assemble the rifle, the individual peices should not be illegal. To mee is seems like this would be ok if I never assembled it, just like owning an AR pistol upper and a rifle lower is not illegal, although they could be assembled into an SBR.

Maybe I'm treading on thin ice with this interpretation, but it's worth a try. I hope some of you guys who know and understand NY law better than I do can help clarify this. Thanks.

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NavyLCDR
July 13, 2010, 12:12 PM
There is no exception in New York law for possessing a banned firearm that I can find for a firearm that is dissassembled. What you might do, to be safe, is leave a key piece behind so that your remaining parts would be legal. Can you take off the collapsible stock and replace it with a fixed stock? Is the flash hider threaded, can you replace that with a muzzle brake or threaded muzzle crown? Then store the stock and flash hider somewhere separately?

Can you put a California style magazine release button on it?

I would not rely on simply keeping the gun disassembled - look up the term constructive possession - the knowledge and ready ability to possess a contraband item without having actual possession of the item is still considered possession. You have illegal drugs locked up in a safe deposit box - you are still considered in possession of those drugs because you know the location and you have the key. The same would be true of the gun.

rm23
July 13, 2010, 12:13 PM
We are looking for a guinea pig to challenge the AWB here, so if you're up for it, sling it and walk through Albany.

If you're not up to possibly wasting 5-7 years of your life, just keep it out of the state. It's really not worth the risk.

exospex
July 13, 2010, 01:17 PM
In NYS you cannot have a post ban weapon with a threaded muzzle in any way shape or form. you would have to replace the flash hider with a muzzle brake and permanently pin it in place

bushmaster1313
July 13, 2010, 01:33 PM
I also believe there is a 10 round magazine limit in the state and a 5 round limit in NYC

Seenterman
July 13, 2010, 01:49 PM
In NYS you cannot have a threaded barrel, I'd get a new barrel that has no threading, no flash hider, no muzzle break, and no bayonet lug. I don't think your allowed a flash hider either, since the firearm can take detachable magazines (that's one requirements for an "Assault Weapon" in NYS, and apparently two trivial features make an "Assault Weapon".

Swap the collapsible stock out with a fixed one, or pin it in place permanently and your good to go. Oh an no new hi-cap mags. Only 10 rounders are allowed unless the mags where made before 94.

Old Shooter
July 13, 2010, 01:51 PM
Maybe I'm treading on thin ice with this interpretation, but it's worth a try.

If it does not work you may be spending a lot more time in New York than you thought you would and the newly aquired felony charges in your history may negatively impact your job search efforts.

Put a new stock and upper on it and stash the originals?

Where were you living while in Texas? Is there a possibility of stashing it there until you get ready to move to a free state?

Lurp
July 13, 2010, 01:55 PM
NavyLT, I guess I could disassemble the gun and leave my colapsable stock with a friend out here. The only problem I have is that my flash supressor is permanently attached and would be a pain to switch out to a muzzle break. I may look into the california mag release and see if that would work. I know what constructive possession is and thats what I was sort of getting at with the whole AR pistol upper and owning an AR lower, technically thats constructive possession of an SBR. It's all so grey it's hard to understand sometimes.

Exospex, I thought it was a combination of a detachable magazine and two or more of the listed features. I had no idea flash supressors were illegal in themselves. If you would please point out where in the law it says that as I may very well be wrong. Here's the only part of NY AWB law that I am aware of.


It shall be unlawful to possess any “assault weapon” or “large capacity ammunition feeding device.” So called assault weapons lawfully possessed prior to September 14, 1994 and large capacity ammunition feeding devices manufactured prior to such date can continue to be lawfully possessed..
“Assault weapon” is defned as: A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:
• a folding or telescoping stock;
• a pistol grip that protrudes conspicuously beneath the action of the weapon;
• a bayonet mount;
• a fash suppressor or threaded barrel designed to accommodate a flash suppressor;
• a grenade launcher.


Bushmaster1313, as I said in my original post I will not be bringing any post ban "hi-cap" mags into NY state.

Lurp
July 13, 2010, 02:03 PM
Seenterman and Old Shooter, posted while you guys were responding. I do have an option to leave it in a good friend and shooting buddys safe here in Austin, but I was just trying to see if there were other options. Seems to be looking like it's not a good idea and would take a lot of work to make it NY compliant. I will probably just end up leaving it with my friend, but I always like to know my options. Appreciate the responses guys :)

bushmaster1313
July 13, 2010, 02:11 PM
Know you high caps

A 15 round mag legal in NJ is illegal in upstate NY

A 10 round mag legal in upstate NY is illegal in NYC

I would not do anything that gives the appearance of trying to circumvent the law.

Be careful when coming East and check NYS laws county by county,

Also, I have found the beat cops in NJ to be patriotic guys and gals who perform with courage and honor a dirty job that someone has to do.
On the other hand, the prosecutors can be ruthless and you should NOT assume they will do the right thing.

Prince Yamato
July 13, 2010, 02:31 PM
Switch out your collapsible stock for a fixed one.

The only problem I have is that my flash supressor is permanently attached and would be a pain to switch out to a muzzle break

Most people can't tell the difference between the two. If it is permanently fixed, you could just say that you have a muzzle break. Nobody will be the wiser.

bushmaster1313
July 13, 2010, 03:01 PM
If it has a flash supressor leave your state without it.

Do NOT assume the authoroties in NY won't notice.

rm23
July 13, 2010, 05:10 PM
Switch out your collapsible stock for a fixed one.



Most people can't tell the difference between the two. If it is permanently fixed, you could just say that you have a muzzle break. Nobody will be the wiser.
Oh, don't even think about it. Cops here don't usually know what they're looking at, but they will call their Sgt., and if he doesn't know, it won't just end there. They will take your gun to the local gun shop and ask them what it is, and the guy behind the counter will most certainly rat you out.

mgkdrgn
July 14, 2010, 09:55 AM
"Maybe I'm treading on thin ice with this interpretation, but it's worth a try."

If holding on to that particular rifle is worth, to you, being branded as a felon for the rest of your life .... maybe it is.

If it isn't, sell it before you move and get a new one there that meets the state regs.

Art Eatman
July 14, 2010, 11:59 AM
See Post #9...

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