Muzzle Brake in NY?

[MotorOilMcCall]

I've heard varying stories from a number of FFL dealers about muzzle brakes in NY, and how they are legal/illegal. Well which is it? I want to buy a 300WM Savage 110FP, which has a muzzle brake on a threaded barrel, but I don't want to buy it and have it shipped here only to find out I can't legally own it...

So does anyone know for certain?

 

[lipadj46]

Well depends if it is considered an assault rifle

In NY An assault rifle means a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor;
(v) a grenade launcher

So just go down the list starting with, is it semi auto with a detachable magazine? and if it has any one of the others then it cannot have a treaded barrel as then it would be an assault rifle and banned. And remember there is a difference between thumbhole stocks and pistol grips.

Also I would add if your FFL cannot clearly walk you through the above ban and say yes or no (to the legality of said rifle) before the transfer then I would avoid them.

 

[MotorOilMcCall]

Thanks lipadj46,

I probably should have specified what I was getting when I talked to the dealers. Looks like I'll be fine since the rifle I'm looking at is a Bolt Action.

 

[lipadj46]

You are gtg then. ARs and AKs are the problem because they have pistol grips so you cannot have a threaded barrel.

 

[Prince Yamato]

The NYS AWB is a mirror of the old federal one. A muzzle break is not legally considered a flash suppressor.

 

[lipadj46]

But if your barrel is threaded and can accept a flash hider then it does matter and becomes an issue.

 

[Prince Yamato]

That's a bolt action gun, right? That's not an AW, no matter what you have on it.

 

[lipadj46]

That is what he said in his follow-up post.

 

[MotorOilMcCall]

But it is a threaded barrel... Does that make a difference even on a bolt action rifle?

 

[Prince Yamato]

No, the AWB was only about "evil" features on semi-autos. Your gun is fine in NYS.

 

[everallm]

With regard to the threading and flash suppressor, if the suppressor is replaced by a muzzle brake and permanently fixed the problem goes away.

Permanent fixing typically would require either blind pinning or something along the lines of welding.

Rule of thumb is that removal is going to take a lot more than clamping the bar in a vise and pipe gripes and hammer fracturing the seal.

 

[lipadj46]

Well then you have to hope that your definition of not being able to "accommodate" a flash hider with a threaded barrel matches those of the state. I honestly think a muzzle stabilizer is more "evil" than a flash suppressor but I guess most would agree the law makes no sense.

Me I'm just glad I like M14s. The lack of a bayonet mount on the flash suppressor does not bother me. Now the high cap mag ban I hate.

 

[winston smith]

I bought a S&W MP15 carbine from Gander Mountain in Kingston. With a pinned telescopic stock. Formerly telescopic.

So what we need is a thumbhole telescopic stock?

Or laws that are constitutional?