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NY changes - - -

Discussion in 'Legal' started by OldGunMan, Jan 16, 2013.

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  1. OldGunMan

    OldGunMan Member

    Joined:
    May 21, 2011
    Messages:
    12
    Location:
    Albuquerque, NM
    I have several C&R rifles for sale on an online auction site. Now that New York has drastically altered its gun laws, does anyone know:

    1. When they go into effect?
    2. Are all firearms now subject to a background check?
    3. How does this affect C&R transfers?
    4. If a background check is required prior to sale, how would a private individual carry that out?
    5. Can I still ship to an 03 FFL dealer in NY state in the usual way?

    Thanks in advance to anyone who can shed more light on this.
     
  2. pseudonymity

    pseudonymity Member

    Joined:
    Jan 25, 2012
    Messages:
    302
    Location:
    NY
    They go into effect at different times, but about the only thing that is in place today is the assault weapon definition. If the rifle is semi automatic with a detachable mag, then it may not be able to be sent to NY now. Otherwise most things are the same as usual for the next 60 days or so.
     
  3. ed_nyc

    ed_nyc Member

    Joined:
    Oct 31, 2012
    Messages:
    8
    Wow, that's not correct. It has to be semi-automatic, have a detachable magazine, AND have one or more evil feature. These are the evil features:
    (I) A FOLDING OR TELESCOPING STOCK;
    (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
    THE WEAPON;
    (III) A THUMBHOLE STOCK;
    (IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
    NON-TRIGGER HAND;
    (V) A BAYONET MOUNT;
    (VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
    BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR
    MUZZLE COMPENSATOR;
    (VII) A GRENADE LAUNCHER.

    To answer some of the OP's questions, yes, all firearm sales require a background check, even if sold directly from person to person. The only exception is for transfers between "immediate family," which is defined as,"SPOUSES, DOMESTIC PARTNERS, CHILDREN AND STEP-CHILDREN."

    I'm not sure what a C&R transfer is. Curio and relic? The only mention of curios and relics is in making an exception for the large-capacity magazine ban, so I think any previous exemptions for them would still stand under the new law.

    A private individual will have to go to an FFL dealer to have them do the background check. The law limits the fee the FFL can charge for facilitating a private sale to $10.

    Shipping to FFL dealers in NY should be unchanged.
     
  4. pseudonymity

    pseudonymity Member

    Joined:
    Jan 25, 2012
    Messages:
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    Location:
    NY
    Perhaps I could have been more clear, I posted "then it may not be able to be sent to NY now", which could be stated as "it may or may not be able to be sent to NY now". I did not say "it may not be sent to NY now".

    Here is the real kicker (if I am reading the new laws correctly) - if you have a rifle that is at least 50 years old and has two or more evil features (say an early CETME), you could not send it to NY now, but after the law is in effect you could send it in as a relic.

    The mag part would be tricky though, since it seems that mags have to be able to be used exclusively in a rifle that is a relic, but not in a replica, which kind of makes the replica not quite a replica.
     
  5. HankR

    HankR Member

    Joined:
    Jan 14, 2011
    Messages:
    542
    Location:
    upper midwest
    So, any wood or plastic that the non-trigger hand can hold and a detachable mag make any semi-auto an "assault weapon"?

    I think all of my rifles have something for my non-trigger hand to hold onto and could therefore not be sold into New York. Is that the way they are going to interpret this? I don't know, but don't want to be the guy to find out either.
     
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