AR-15s in New York

[TySixtus]

Hi all!

After the recent tragic events I've decided I'm buying an AR-15 (or some variant thereof), as I foresee another ban coming down the road.

However, I'm moving to western NY in a few weeks. So now I don't know what, exactly, I'm allowed to buy. I know when I lived in CA years ago, guys were using the fixed-magazine solution to bypass the issue (when the Federal assault weapons ban was still in place) so they could still have a collapsible stock, etc.

Is such a solution viable in New York? Or are they outright banned? I've been looking over the last few days and I keep finding contradictory information. Any help you guys could give is appreciated.

 

[ThorinNNY]

Your best bet is to go to the nra-ila website. Colt AR-15`s are prohibited in NY .

 

[The-Reaver]

There are ways around the law, Pre-ban and the such. Preban mags and all that.

But, I went up there about two weeks ago to visit some family. We of course went to the range. ( Not telling you to do the wrong thing here so don't take this the wrong way I would never promote breaking the law ever ever )

If the ATF would have showed up to the range that day, at least 50 people would have went down on weapons charges. It was crazy, Spikes tactical lowers with compensators and flashhiders pistol grips and PMAGS.

Kind of irritated me.

Just, don't break the law cause you can, follow it by the book and stick it to them that way.

RvR

 

[TySixtus]

Am I correct in assuming that other AR-15"ish" rifles are okay, proved they are under the evil features limit?

 

[PPS43]

Am I correct in assuming that other AR-15"ish" rifles are okay, proved they are under the evil features limit?

Correct, NYS AWB is a carbon copy of the federal one that expired.

No flash hider or bayonet lug, fixed or pinned stock, pre-ban magazines if capacity is over 10 and you're ok.

 

[X-Rap]

Your best bet is to hunt down a Pre Ban AR and a bunch of magazines that aren't stamped Mil or LE, dated, or post ban introduced like the Pmags.
Check manufacture ser. number dates to be sure you have an old one and you should be GTG.

 

[TySixtus]

I want a pre-ban but my God they are expensive.

 

[TySixtus]

Also is getting a rifle with a fixed (welded, pinned, etc) magazine still a way to circumvent NY's hilarious definition of "Assaul Rifle"? As I mentioned in the OP, they were doing that in CA back in the day. So long as you had a fixed mag you could have all the grenade launchers you wanted.

 

[drsfmd]

Gentlemen-

The Colt is only illegal in NY if it says "Colt AR-15" on the receiver. Most say "Colt Sporter" or something similar.

There are a couple of things that you need to abide by to own a post-ban AR of any manufacturer in NY (and none of these points apply to pre-ban guns).

1) No flash hider
2) No exposed muzzle threads. They have to be ground off or have a muzzle break installed.
3) If you have a muzzle break, it must be permanently affixed (welded).
4) No collapsable stocks. They must be permanently fixed to be non-collapsable.
5) No post ban high cap magazines. Verifiable pre-ban magazines with a post ban gun are ok.
6) No bayonet lugs. They must be ground off.

Silly laws, yes, but basically any AR on the market can pretty easily be made compliant.

 

[vaeevictiss]

Would be easier to not move to western ny

You must have taken a good job or something because i left at 17 when i joined the military. My dad says it's gone down the <deleted> and he was born and raised there.

I am always worried about my parents now as they are older but there are too many hoops for them to go through to get a gun. I would just buy one for them if it were legal.

Sent from my Galaxy Nexus using Tapatalk 2

 

[drsfmd]

there are too many hoops for them to go through to get a gun.

What hoops would those be? For long guns that don't fit in the "assault weapon" category, it's as simple as filling out the same 4473 you'd fill out anywhere else in the country.

For "assault weapons" as long as they meet the requirements I outlined above, it's as simple as filling out the same 4473 you'd fill out anywhere else in the country.

Handguns... it varies from county to county, but most are pretty easy. The metro areas make it a little tougher.

NY isn't nearly as free as it should be, but it's not as bad as some make it out to be either. There's no waiting periods, FOID cards or any of that other silliness.

 

[MrMoss]

Currently in NYS and building my own AR-15.

No burst/full auto, 16" minimum barrel length, no sound suppressors allowed.Any magazine over ten rounds must be pre-ban. Unless you are are LEO or are feeling lucky.

Several Options available:

Buy pre-ban used . 'Fun' features permitted i.e. collapsible stock, threaded barrel, flash hider, bayonet lug. Mucho $$$$. Current prices for a pre-ban lower at least 4-5 times new. I have seen pre-ban rifles go for $2000+. Hard to justify paying that much for a >18 year old modern rifle. Just my opinion.


Buy new rifle in 'post ban' configuration. Might have to search a bit and you might not get the configuration you are looking for.

Buy 'post ban' and have it spayed/neutered. i.e. Pin and weld muzzle brake/compensator (not flash hider). Grind down bayonet lug. Pin collapsible stock. Will easily add a $100 to $200+ price if you ship/send it to a competent gunsmith.

Build your own to conform to regs. Get a fixed stock lower and and ban compliant upper or buy stripped lower and ban compliant rifle kit.

I chose to build my own. Ordered the stripped lower, A2 lower parts kit and looking for ban complaint upper. You don't really save money building it yourself. By the time you add the cost of tools and time you spend researching/working on it tends to be a wash for most people.

I just wanted to learn how to do it and I am working within monthly budget constraints.

Not sure if the ATF cares about NY AWB as they are a federal agency and the federal AWB expired in 2004. From what I understand they wont even rule on what is considered a flash suppressor vs muzzle brake vs compensator anymore . Local law enforcement might be a different kettle of fish.

Your mileage may vary.

Do your own research and check your local laws. Some places don't allow any type of AR within their jurisdiction/city limits.

 

[TySixtus]

What hoops would those be? For long guns that don't fit in the "assault weapon" category, it's as simple as filling out the same 4473 you'd fill out anywhere else in the country.

For "assault weapons" as long as they meet the requirements I outlined above, it's as simple as filling out the same 4473 you'd fill out anywhere else in the country.

Handguns... it varies from county to county, but most are pretty easy. The metro areas make it a little tougher.

NY isn't nearly as free as it should be, but it's not as bad as some make it out to be either. There's no waiting periods, FOID cards or any of that other silliness.

My only problem with moving back to New York (Rochester area, specifically) is the handgun silliness. Waiting 6-8 months for a permit? That seems a bit ridiculous if you ask me. It's almost like they made the process so intensely annoying because they want people to give up. When I lived in CA I was able to skip a lot of nonsense because I was military at the time, and they treat active duty/ex-military different WRT handguns. I wish NY had something similar.

Despite that and the assault rifle silliness, WNY has a pretty large gun-using population. There's a lot of hunters in WNY and the Southern Tier.

 

[Ramone]

My only problem with moving back to New York (Rochester area, specifically) is the handgun silliness. Waiting 6-8 months for a permit? That seems a bit ridiculous if you ask me. It's almost like they made the process so intensely annoying because they want people to give up. When I lived in CA I was able to skip a lot of nonsense because I was military at the time, and they treat active duty/ex-military different WRT handguns. I wish NY had something similar.

Despite that and the assault rifle silliness, WNY has a pretty large gun-using population. There's a lot of hunters in WNY and the Southern Tier.

Sure does- so does Long Island, and there's more than you'd think in NYC as well.

While it's not Western NYS, Long Island Firearms is a great website for info. tell 'em Ramone sent ya.

The bright spot in NYS Pistol Laws is that it is handled on the County Level- so even if Monroe has a long wait, and a hassle of a process, you might find that a county over is way easier to deal with. Also, I have heard reports that some counties will rush your app if you contact them ahead of your move- I've also heard there is no such thing, but it might be worth a try.

I move back to Long Island two or three times a year- I just leave my pistols in VA & FL when I do. As to ARs, these are all NYS legal:



Note: all Fixed Stocks ('Permanently fastened' telescoping stocks are OK)(however, there are 9000 differing opinions on what constitutes Permanent, so I just go with a fixed).

Muzzle Breaks (Pinned and Welded) (NO 'Flash Hiders') or un-threaded Muzzles

No Bayonet Lugs

Any Mags capable of holding more than 10 rounds must be pre-ban (manufactured prior to 1994).

While Cali has some weird workarounds permitted, like 'bullet buttons' and funny non-pistol grips, NYS does not, and has not, and seems to avoid ruling on that sort of thing.

Good news is, you can walk into any Gun shop, and buy a compliant rifle (provided we don't go all panic-buying and clear them out.

 

[drsfmd]

The bright spot in NYS Pistol Laws is that it is handled on the County Level- so even if Monroe has a long wait, and a hassle of a process, you might find that a county over is way easier to deal with.

1) Just to clarify-- you MUST, by law, apply in the county you are actually residing in.

2) The county by county permit system is HORRIBLE. It leads to a tangled web of laws, judges imposing their opinion, and a system where a guy on one side of the road can get an unrestricted permit with no hassles, just for asking; and the guy on the other side of the road is denied a permit no matter how many hoops he's willing to jump through. It's simply awful, and MUST be done away with.

 

[bobbo]

I'd rather have Allegany and Cattaraugus counties ruling rather than Albany on pistol permits... I don't care how tangled it can get.

 

[BigN]

Ar's of many types are legal in NYS. There are a few stipulations like adjustable stocks/mags, etc..check it out first but you can definitely have one legally here. NYS is prohibitive with some silliness but it's not as big of a deal here as some make it, as long as you stay away from the city.

 

[drsfmd]

I'd rather have Allegany and Cattaraugus counties ruling rather than Albany on pistol permits... I don't care how tangled it can get.

So you must live in Allegany or Cattaraugus county?

Remember, there's strength in numbers-- and the laws should be the same for all.

 

[Ramone]

1) Just to clarify-- you MUST, by law, apply in the county you are actually residing in.

Yes- I was not suggesting a false appilcation!

But if he's moving there, knowing that on one side of town things will be smoother might factor in when house hunting.

 

[Prince Yamato]

If you're in Monroe County, avoid living in the city of Rochester proper. They have their own VERY strict version of the AWB. You'll know it's the city vs suburbs because the city uses blue street signs, the suburbs, green. Everyone I know who lives in Monroe's gets an unrestricted handgun license. It does take 6 months. Call ahead and see if you can get a jump on paperwork.

 

[pseudonymity]

Since NY has a copy of the federal AWB still in effect, you can have only one listed feature on an AR pattern rifle (almost everybody chooses the pistol grip).

Just about any gun store I have been in upstate has plenty of compliant ARs on the shelf, and prices on compliant ARs are about the same as pre-ban rifles with the same major features. Used pre-ban mags are everywhere and not much more expensive than new mags in the same capacity.

If you build your own, there are plenty of gas blocks and FSBs without the bayonet lug available, and pinning a collapsible stock is a 30 minute job with a hand drill. For the barrel you can buy a post-ban unit, you can order a pre-ban and replace the A2 with a comp or you can buy a 18"+ barrel and have it cut and crowned (as little as possible to not effect gas dwell time).

For long guns, most of upstate NY is not too bad compared to other states - no waiting time, no registration, no extra in-state background checks, etc. Ammo is not restricted or registered and there are plenty of active clubs to shoot at in most areas.

Sadly, pistols are another story entirely. Getting a permit Upstate is an expensive and time consuming PITA at best, and extremely difficult in NYC. Even in some upstate counties, getting an unrestricted carry permit can be a gamble - one judge granting unrestricted while another judge in the same county does not grant is not unheard of. nyshooters.net has a pretty active handgun forum where you may be able to get more specific responses.

 

[bushmaster1313]

I live in NJ and stay way clear of the assault weapons ban.

This is a NJ legal Bushmaster XM-15 E2S.
16.5" Barrel
Fixed Ace Skeleton stock
No flash hider (I will not get a compensator)
No bayonet lug
10 round magazines (15 rounds are allowed but I do not risk it, I would get a 9 round magazine if I lived in New York State)

 

[bogon48]

NY legal Models of AR-15s - Windham Weaponry

Others here have posted great info on the legal issues and mods you need to make. If you don't want to go to the trouble of looking for pre-ban ARs or modifying a new firearm, Windham Weaponry, makes NY,NJ,CT,MA and CA versions of its ARs:

http://www.windhamweaponry.com/shopcontent.asp?type=Rifles

I live in VA. I own an MPC and find it to be a well-made and accurate rifle. Cost me less than $800.00 at my LGS. When I bought it in March it, retailed at well over $900. Prices seem to have taken a jump recently. Demand is pretty high for their barrels and other components too.

FYI Windham was recreated by the original owner of Bushmaster who was unhappy after the new owners of his company laid off people and moved the factory to another state. I'm happy to give my support to someone who came out of retirement to give people jobs making good firearms.

Other companies may also be making NY, CA legal AR-15s. Check around.

Cheers and Good Luck