Title II Weapons in a trust are Grandfathered?

[joel.favre]

Hello all,
I am attempting to figure out the legality of this situation. I currently reside in AL due to military service, have my "Home of Record" in Maine, and am intending to move to upstate NY to establish a new Permanent Home Of Record and address.
AL: Current physical address, have CCW Permit here, and they do allow citizen ownership of Title II weapons (except SBR, and SBS. I want neither).
ME: "Permanent Home Of Record" for the time being. Have a drivers license and CCW, they also allow citizen ownership of Title II.
NY: No residence yet, but plan to switch Permanent Home Of Record there, and as far as I can tell, all Title II weapons are Prohibited EDIT* Machine Guns limited to dealers only.

So, with all that complicated residence info here is my question. If I legally purchase a Suppressor here in Alabama, go through the requisite paperwork and tax and waiting period, can I then LEGALLY take that item with me to New York when I move? Are there any special issues I need to consider with this, or is it just flat illegal. I defer to the legal expertise here for an answer, thanks
Joel

 

[Prince Yamato]

You are still the owner of the weapon, you must keep it in a state where it is legal (closest state in you case, would be PA).

Not all class 3 is illegal in NYS. You can own an AOW in NYS. In fact, AOWs are treated the same as pistols in NYS (you can even have an AOW on your CCW!). The only problem is finding a sheriff to sign off on your Form 4.

 

[joel.favre]

Thanks Prince, thats the answer I was afraid of.
When you say that some AOW's are legal, what exactly are you referring to, because of all the information I have been able to dig up I have only found that "Machine Guns" are limited to dealers only, and they have some bizarre "assault weapon" limitations, which unfortunately some of my current rifles break...
Do you have any idea what I can do with those weapons that are categorized as "assault weapons" by NY, will I have to keep them out of state as well? Thanks again.

 

[Quiet]

Do you have any idea what I can do with those weapons that are categorized as "assault weapons" by NY, will I have to keep them out of state as well? Thanks again.

Yes. You will have to store those firearms outside of NY as well.


FYI.
NY's gun laws are worst than CA's gun laws.

 

[Prince Yamato]

It's like those 'slightly imperfect' products from the assembly line.

NYC, maybe, not upstate NY. Different set of laws...

Anyway, for the AW firearms, you have two options: 1) you can neuter them to comply (fixed stop, weld the muzzle break of the threads) or 2) you can leave them out of state.

It's not "some AOWs". All AOWs are legal in NYS. You can own an AOW in NYS just like any other state that allows them, the exception being that NYS treats AOWs like pistols (this is a holdover from the Ithaca Auto-Burglar days). If you can get an LEO that will sign off on the AOW, you can carry it just like a pistol. In other words, if you have a good LEO, you can legally conceal a Serbu Super-shorty and carry it anywhere you can carry any other pistol that you can CCW.

 

[Hawaiian]

Could you not put an AOW into a trust and avoid the local LEO sign off?

 

[Extremely Pro Gun]

Stay out of NY. Go to a free state. I would only leave Texas for Alaska.

 

[joel.favre]

Actually, Alaska (FT Wainwright) is my first choice of assignment, but it is indeterminate whether I will get it. I am simply preparing myself for the worst by assuming that I will have to move to NY.
Looks like I am mega-screwed if I do end up in NY though, I never realized the firearms laws were so brutal, bummer.

 

[essayons21]

You'd think one of these days the NRA would take this to the Supreme Court under 14th Amendment grounds, i.e. the state of NY not honoring the privileges and immunities of a citizen of Alabama granted under state and federal law. I guess they can only manage one step at a time and legal handgun ownership is top priority.