Upstate NY Gun Laws.

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Hockeydude

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Hi guys.

I read the gun laws for NY state on the NRA website, and they look to be pretty strict. It said that theres a 5 round limit on rifle magazines and an AWB. However, a poster on another forum I frequent says that one can legally buy an AR-15 or an AK-47 in upstate NY. Can someone clarify the laws for me?

Thanks.
 
Just off the cuff...

The only aspect of life I'm familiar with where we are restricted to the use of five round magazines would be limited to semi-auto rifles being used for big game hunting. Other than that it would come as a big surprise to the whole of upstate NY where yes, we can and do with great frequency buy, use, trade and sell plenty of ARs, AKs and similar all year long at all of the gun shows and at gun shops across the state
 
BobMcG is correct, the five rd. limit is for hunting purposes, but there is a State Wide 10 rd. limit on post ban mags, however, you can buy pre-ban relatively cheap. I own a lot of 30 rd. mags all pre-ban and have never had any issues.
 
Think of upstate NY as a voyage into the Twighlight Zone... into an alternate universe where the Federal Assault Weapons Ban never expired and you had to register all handgun purchases with your local LEO.
 
Up State NY besides the large cities is a different universe compared to NYC and most of LI where guns are heavely restricted by additional regulations and Police chiefs who refuse to issue Pistol permits.
 
I live in NY as well and don't get the pre-ban / post-ban magazine thing.

I have a Sig 228 with 13 round magazines and the police were not at all interested in them being greater than 10 round magazines when I registered my handgun. The magazines are not dated - thus I don't see a way you can identify whether they are pre or post ban.

What sense does this 10 round magazine restriction make? (I know it makes NO SENSE) Especially when you can legally own magazines with greater than 10 rounds easily.

I just don't get it!!

NOTE: I can't wait to move to a state where people are not screwed with by the local and state governments.

Luke
 
From Wikipedia:

Quote:
The states of New York, Massachusetts and California have enacted their own versions of the ban. New York's version of the law is very similar to the Federal version, but New York's version does not have a sunset provision. The expiration of the federal ban created a problem for the New York State ban. According to the laws of the State of New York, a magazine with a capacity of more than 10 rounds manufactured after September 14, 1994 cannot be legally possessed by anyone other than a law enforcement officer. A provision of the Federal law required the date of manufacture to be stamped on every newly manufactured "high capacity" magazine. Because that requirement is no longer in effect, the New York magazine ban becomes virtually unenforceable except with respect to those magazines manufactured during the ban and marked according to federal regulations then in effect.

Possession of unmarked "high-capacity" magazines made after the sunset of the federal ban would subject New Yorkers to felony charges. Police and prosecutors may be able to determine actual manufacture dates of seized magazines from information not generally available to consumers, such as the dates of magazine design changes and parts assembly numbers. The New York ban thus leaves possessors of unmarked magazines at risk of felony charges since they may not know the magazines were manufactured post-sunset and not pre-ban.
 
Most manufacturers have altered their products over time and magazine designs have changed as newer materials and metal forming processes have been designed.
For instance, if you look at the rear of a glock mag where the metal liner protrudes up from top of the plastic body, the top shape has changed three or four times since their introduction. knowing when these changes were implimented by glock someone can look at the top of the mag and instantly know if its Pre or Post ban.
The last gunshow I went to in saratoga NY I saw a trooper walking around the tables and looking at magazines on everyones table.... I would bet a weeks paycheck he knew exactly what to look for.
 
There's a book that analyzes NY gun laws. Contact "Looseleaf Press" for it. READ IT.

Yes, NY gun laws are surreal.
- A rifle is not a firearm.
- A concealed handgun carry permit does not necessarily permit you to carry a handgun concealed.
- A metal box with a spring may be perfectly legal or make you a felon - with no discernible difference (of the box, not the result).
 
New York is worse then California

I do not think the people who write NY laws can even figure them out.
I doubt an AR bought in upstate is legal in NYC.
A concealed carry permit issued in upstate is invalid in NYC.
At least in cali if you manage to score a cayy permit it is still valid in
SF and other cities.

Hockeydude, you can move to America pretty easy.
Lot's of expat newyorkers here in Reno, I'm one of them.
You can take your AR/AK home with you in ten minutes, same with pistols.
 
NY gun laws are not that hard to understand if you think of NYC as a completly different state, which for most things besides gun laws, it makes its own laws and really has nothing to do with the rest of the state.
Basic idea is the assault weapons ban is still in effect, and you need a permit to buy or possess a handgun.
CCW depends on the county you are in as to some restrictions, but again, none issued outside of NYC are valid in NYC.
And though some may argue CA vs. NY laws... NY doesn't have an "approved list" for handguns, or a limit on how many you can buy in anytime period. Those two things by themselves make NY a world better then the CA laws.
 
kb2iaw,

Do you have any legal reference for your statement? None of the NYS Judges or employees of the County Clerk's offices have mentioned anything of the sort to me.

Sincerely,

Prof. A. Wickwire
 
wickwire

I cant give you a date ,but there was an article in the oneonta daily star about summons being issued by the ny resivour E.P.A. environmental police agency who patrol the water sheds . These summonses were issued for speeding and other violations. There comment in the news ie. ( you are on n.y.c. property and subject to n.y.c. laws...) even if you are in walton ny ,where this apperently happened you are also on n.y.c. land...the sherrif in walton went to court with the city of ny and the summons was up held.
 
Ctdonath - I cant find "Looseleaf Press" anywhere... Link?

As stated by others, upstate is very much superior to the draconian laws enacted by the anti's near the City. I have several friends who own and have no difficulty using AK's, their clones, and AR type weapons, with pre or post-bans up here.

While I understand the pre/post-ban laws, I dont believe this applies to handgun magazines... but I could be wrong. If I *am* wrong, could anyone point me in the direction of a store that sells pre-ban Beretta 96 magazines? :)
 
As others have said, NY state bans handgun magazines that hold more than 10 rounds unless they were manufactured before the Sept. 1994. The problem is (as others have also said) that the most magazine don't have a date of manufacture on them.

In practice what that means is that while someone can probably come close to the manufacture date by checking with the manufacturer when specific features/styles were changed, many (probably most outside of NYC) won't prosecute solely for possession of a hi-cap magazine. Manufactures/dealers/stores etc. do not carry post-ban magazines, nor will they ship them into NYS. Magazines marked with LE-Only are a different matter, and I would think that since they are easier to identify, you'd be more likely to be charged if found carrying one.

As far as NYS assault weapons ban goes, it's overly complicated, and difficult to outline in a few sentences. Almost nothing is completely illegal, but it depends on when the rifle was manufactured (pre-ban or post-ban) and how many features from a list are installed. So you could have a pistol grip, or a collapsable stock, or a bayonet lug etc. and still be perfectly legal, but have too many of them on one rifle, and it becomes illegal.

I've found there is a big difference in NYS (excluding NYC) between what the law says and what is actually enforced. For example, besides the hi-cap mag issue, while it's illegal to carry a firearm onto school property, the LEOs I've talked with would not press charges on someone driving to school to pick up their children (stay in or near your car and don't enter the buildings) while CCW. I've found up state NY to be very gun-friendly.
 
I am SOOOOOO glad I emmigrated to a western state that has the same laws thoughout the state. Cities, Towns, and Counties may NOT enact thier own gun laws.:)
 
Thats one of the reasons why..

I moved to South Carolina! No damn snow to shovel and common sense gun laws!


(refugee from Sullivan County, N.Y.):neener:
 
From what I was told by SCPD on LI, a non LEO in possession of a magazine that is not preban that holds more than 10 rounds is considered a Class D Felony. They may or may not make an issue out of it, but if you had to use the weapon and you had a high cap mag, you better be able to prove that it is pre ban.
 
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"While I understand the pre/post-ban laws, I dont believe this applies to handgun magazines... but I could be wrong. If I *am* wrong, could anyone point me in the direction of a store that sells pre-ban Beretta 96 magazines?"


I live is West Seneca and I had good luck finding pre-ban mags for a Beretta 92 and the Buffalo Gun Center. You might want to try there.
 
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Click away: 1-889031-04-6.gif
As stated by others, upstate is very much superior to the draconian laws enacted by the anti's near the City.
Superior, yes. Still sucks, yes. Much is subject to local whims of enforcement and interpretation - and while much may be allowed, it can also be crushed easily.
While I understand the pre/post-ban laws, I dont believe this applies to handgun magazines... but I could be wrong.
You are, and your post indicates you don't understand the NY pre/post-ban laws - that's understandable, as they're dang near incomprehensible. Took me years to get a good grasp, with annual comprehensive reading of the above-indicated book and updates. Heck, the way the laws are written indicate whoever wrote them didn't know what they meant.

Get the book. Read it in detail.
 
kb2iaw,

Thanks for the update. I contacted DEC and they confirmed your statement with some clarification. This is only for those reservoirs that are owned by NYC and only inside the fences. I was also informed that in a temporary measure (starting on 9/11/2001) most reservoirs in NYS are now off limits to the public.

Sincerely,

Prof. A. Wickwire
 
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