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-   -   Gun laws for N.Y. state and the city of Rochester. (http://www.firearmstalk.com/forums/f97/gun-laws-n-y-state-city-rochester-32844/)

GMACK 10-09-2010 08:11 PM

Gun laws for N.Y. state and the city of Rochester.
 
Im in the process of building an AR-15 for my sons best friend who are both stationed in Iraq. When they return he will take it back to Ft. Leonard Wood, MO with him. He is concerned that when he leaves the service he might not be able to take it back to his home state. I suggested he check the laws on the net. Does anyone here have any knowledge of New Yorks gun laws? Thanks.

bkt 10-10-2010 03:30 AM

Quote:

Originally Posted by GMACK (Post 365644)
Im in the process of building an AR-15 for my sons best friend who are both stationed in Iraq. When they return he will take it back to Ft. Leonard Wood, MO with him. He is concerned that when he leaves the service he might not be able to take it back to his home state. I suggested he check the laws on the net. Does anyone here have any knowledge of New Yorks gun laws? Thanks.

Your AR-15 must not have a collapsible stock or bayonet lug. If there is a muzzle break on the end of the barrel, it must be pinned and silver soldered in place so it can't be removed. Flash hiders are illegal in NYS.

In the city of Rochester, you may not own an AR-15 of any configuration. City laws are different from most of the rest of the state. If you're in a suburb, you're OK.

He could always replace a collapsible stock with a fixed stock, and he could pay a gunsmith to grind down the lug and pin the break.

GMACK 10-10-2010 01:25 PM

Thank you for the info. He wont be happy but Ill pass it on.

bkt 10-10-2010 06:58 PM

It's pretty ridiculous. The state legislators in NYS have no clue what they're voting on or why it might matter; they perceive something as scary so they vote against it.

Also, please note that any magazines over 10 rounds have to either be date-stamped prior 1994 or have no markings at all. The mag is considered separate from the firearm but still falls under the ban. You can pick up pre-ban or unmarked mags easily enough. The gun shows here have a bunch.

Jpyle 10-10-2010 07:28 PM

Quote:

Originally Posted by bkt (Post 366112)
It's pretty ridiculous. The state legislators in NYS have no clue what they're voting on or why it might matter; they perceive something as scary so they vote against it.

Also, please note that any magazines over 10 rounds have to either be date-stamped prior 1994 or have no markings at all. The mag is considered separate from the firearm but still falls under the ban. You can pick up pre-ban or unmarked mags easily enough. The gun shows here have a bunch.

They copied from the equally ridiculous NJ statute...

I have a question though, hasn't it been established that municipal or county gun bans cannot preempt the legal ownership of guns statewide. If NYS law does not ban an AR outright, how can it be done at the county level, sounds like an "equal protection" violation to me, but I am no lawyer. May have been just a state issue but I believe that Philadelphia lost it's ability to "may issue" CCW since PA is a "shall issue" state.

Angry_bald_guy 10-11-2010 01:19 AM

Quote:

Originally Posted by Jpyle (Post 366127)
They copied from the equally ridiculous NJ statute...

I have a question though, hasn't it been established that municipal or county gun bans cannot preempt the legal ownership of guns statewide. If NYS law does not ban an AR outright, how can it be done at the county level, sounds like an "equal protection" violation to me, but I am no lawyer. May have been just a state issue but I believe that Philadelphia lost it's ability to "may issue" CCW since PA is a "shall issue" state.

I believe there has to be a preemption clause in the law for it to work. Kentucky has one, and for that I am eternally grateful.

bkt 10-11-2010 10:54 AM

Quote:

Originally Posted by Jpyle (Post 366127)
They copied from the equally ridiculous NJ statute...

I have a question though, hasn't it been established that municipal or county gun bans cannot preempt the legal ownership of guns statewide. If NYS law does not ban an AR outright, how can it be done at the county level, sounds like an "equal protection" violation to me, but I am no lawyer. May have been just a state issue but I believe that Philadelphia lost it's ability to "may issue" CCW since PA is a "shall issue" state.

Until it gets challenged in court, it is what it is. Is it legal? I don't know. Personally, I believe any arms control laws are illegal but that's a different topic.

The AR ban is specific to the Rochester city limits. If you're elsewhere in Monroe County, you can own an AR that complies with state laws. There are probably similar bans in Buffalo, Syracuse, Albany and definitely New York City.

FreedomFighter69 10-19-2010 01:33 AM

Quote:

Originally Posted by Jpyle (Post 366127)
They copied from the equally ridiculous NJ statute...

I have a question though, hasn't it been established that municipal or county gun bans cannot preempt the legal ownership of guns statewide. If NYS law does not ban an AR outright, how can it be done at the county level, sounds like an "equal protection" violation to me, but I am no lawyer. May have been just a state issue but I believe that Philadelphia lost it's ability to "may issue" CCW since PA is a "shall issue" state.

True. I live in Philthadelphia and prior to 1992 it was impossible to get a Permit.
Only politicians, jewelery store owners, and VIP's with lots of Greenbacks had them. Now anyone with a clean record can get one. There is some hassle now as opposed to the mid to late 90's and early 2000's. You now have to apply in person and there's only one location in the city itself, you have to have two references fill out affidavits that say your a person that they themselves trust and would issue a firearm too if it were up to them, and give a brief but in depth explanation of your personality, type of being and demeanor you exhibit. You also have to be interviewed when applying, fingerprinted, and then fill out two pamphlets with about 30 something questions on them, all along with your picture and 25 dollar money order only!
Then your told it takes 45 days but can stretch to 8 to 10 weeks.
Im going on 6 weeks for my renewal, I just hope I get mine in 45 !
PHILTHADELPHIA SUCKS !!! Damn Liberal Town !! :mad: :eek: :confused: :(

556plinker 10-19-2010 03:44 AM

Quote:

Originally Posted by FreedomFighter69 (Post 370365)
True. I live in Philthadelphia and prior to 1992 it was impossible to get a Permit.
Only politicians, jewelery store owners, and VIP's with lots of Greenbacks had them. Now anyone with a clean record can get one. There is some hassle now as opposed to the mid to late 90's and early 2000's. You now have to apply in person and there's only one location in the city itself, you have to have two references fill out affidavits that say your a person that they themselves trust and would issue a firearm too if it were up to them, and give a brief but in depth explanation of your personality, type of being and demeanor you exhibit. You also have to be interviewed when applying, fingerprinted, and then fill out two pamphlets with about 30 something questions on them, all along with your picture and 25 dollar money order only!
Then your told it takes 45 days but can stretch to 8 to 10 weeks.
Im going on 6 weeks for my renewal, I just hope I get mine in 45 !
PHILTHADELPHIA SUCKS !!! Damn Liberal Town !! :mad: :eek: :confused: :(

Apparently this does not constitute infringement. I wonder what would happen if the same hoops were applied to voting, speech, assembly or petition? These statist don't mind impuning the 2A and one can only assume they don't give a rip about the other 9 ammendments in the BOR.....Sam Kennison yell, Sam Kennison yell, Sam Kennison yell!!!!!!!!!!!!!!!

DragonLW 10-19-2010 11:06 PM

Quote:

I have a question though, hasn't it been established that municipal or county gun bans cannot preempt the legal ownership of guns statewide. If NYS law does not ban an AR outright, how can it be done at the county level,
NY has what is called *Home Rule*...its what makes NY State gun laws vary from county to county, and municipality to municipality.

Its how Mayor Bloomie in NYC gets away with banning something as innocuous as Airsoft and paintball guns.

For the complete statutes for NY, just Google up "NY Penal Codes 400 and 265"

400 covers licensing. 265 covers legal configurations for rifles, handguns, etc.

DragonLW


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