New here.. Hello some AR-15 ?'s
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Old 01-26-2008, 02:19 PM   #1
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Default New here.. Hello some AR-15 ?'s

Hi all, I'm new here. I think I've caught the AR-15 bug - I want one . I've briefly read some posts on building my own as opposed to buying a complete gun. I live on Long island, NY. I don't know what too look for as far a brands go, like RRA , Bushmaster DPMS....ect.is one better than the other - I like a 16" barrel, the 6 position telescoping stock . this is mostly going to be a gun for the range.

In NY there is a 10rnd cap on mags. But , my friend bought a new RRA here in NY from a gun shop, with a couple of 'Pre-ban" 30 rnd mags, and it is legal.

If this is the case, what is the purpose of buying a complete 'Preban' rifle?

If I decide to build my AR-15, would I be able to buy 'pre ban' 30 rnd mags and still be legal?

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Old 01-27-2008, 10:27 AM   #2
bkt
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Originally Posted by sbninja View Post
Hi all, I'm new here. I think I've caught the AR-15 bug - I want one . I've briefly read some posts on building my own as opposed to buying a complete gun. I live on Long island, NY. I don't know what too look for as far a brands go, like RRA , Bushmaster DPMS....ect.is one better than the other - I like a 16" barrel, the 6 position telescoping stock . this is mostly going to be a gun for the range.

In NY there is a 10rnd cap on mags. But , my friend bought a new RRA here in NY from a gun shop, with a couple of 'Pre-ban" 30 rnd mags, and it is legal.

If this is the case, what is the purpose of buying a complete 'Preban' rifle?

If I decide to build my AR-15, would I be able to buy 'pre ban' 30 rnd mags and still be legal?
Unless the AR you buy is pre-ban (made before September, 1994), it must not have more than two of the following characteristics: Pistol grip, removable magazine, collapsible stock, grenade launcher, bayonet lug, threaded barrel, flash hider.

Since an AR has a pistol grip and removable mags, you cannot have any of the other features. The bayonet lug will need to be ground off, and your barrel must either have nothing on the end (and it must not be threaded) or a muzzle break must be pinned and silver-soldered to the barrel.

High-capacity magazines with a production stamp date before 9/94 or no markings at all are fine regardless of the pre-ban/post-ban status of your rifle.

It is my understanding that you may not, under any circumstances, bring an AR (pre-ban or not) into New York City limits even to transport it, so be careful with that.

As for which brands are pretty good, go over some past threads -- it has been discussed before and these other posts contain useful info.
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Old 01-27-2008, 02:13 PM   #3
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Thank you BKT, good info.

Still A little unsure of the "preban" and current law.... A local, reputable(Long Island,NY) gun shop. has advertised in their flyer - for sale,(new) the Bushmaster 'Optics ready carbine 223'. with comes with a 6 position telescoping stock. Doesn't this violate the law, because it already has a pistol grip AND a removable Magazine?

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Old 01-28-2008, 09:16 AM   #4
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Thank you BKT, good info.

Still A little unsure of the "preban" and current law.... A local, reputable(Long Island,NY) gun shop. has advertised in their flyer - for sale,(new) the Bushmaster 'Optics ready carbine 223'. with comes with a 6 position telescoping stock. Doesn't this violate the law, because it already has a pistol grip AND a removable Magazine?
A semiautomatic rifle can have two of those "evil" characteristics. A pistol grip and removable mag are the two an AR must have. As I read it, you cannot legally sell or own a post-ban AR with a collapsible stock in New York State because the collapsible stock is a third "evil" feature. Such a rifle is deemed an "assault weapon" and is illegal.

See paragraph 22 from http://caselaw.lp.findlaw.com/nycodes/c82/a68.html

22. "Assault weapon" means (a) 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; or


(b) a semiautomatic shotgun that 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 fixed magazine capacity in excess of five rounds;
(iv) an ability to accept a detachable magazine; or

(c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics:
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of fifty ounces or more when the pistol is unloaded;
(v) a semiautomatic version of an automatic rifle, shotgun or firearm; or

(d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

(e) provided, however, that such term does not include: (i) any rifle, shotgun or pistol that (A) is manually operated by bolt, pump, lever or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18 U.S.C. 921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine;
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to section 922 of 18 U.S.C. as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon; or
(v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September fourteenth, nineteen hundred ninety-four.


You can save yourself a lot of hassle if you buy a pre-ban lower...build your AR however you want.
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