Got a question for you New Yorkers, ARs?

Discussion in 'New York Gun Forum' started by jjmitchell60, Mar 8, 2013.

  1. jjmitchell60

    jjmitchell60 New Member

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    First let me begin by stating I am a dealer in KY with stripped lowers I am selling so with that said, below is what I need advice on or info on where to find the correct answer please. You can e-mail me if you like at:
    farmrelated@yahoo.com

    Was contacted today about selling a stripped AR lower receiver to a gent in NY today. He said that his FFL tells him they are still legal being not built with the banned items yet. SO is he right or is it illegal to sell a stripped AR receiver in NY State? I, gun manufactures, and accessory manufactures are ignorant as to what all Cuomo did on this new law. I know it took affect really quick as well. Many are refusing to sell or ship to NY including the CMP!

    So PLEASE can any of you New Yourkers or anyone who knows something can offer up some info, advice, or where to look to see if legal to ship stripped AR lower receivers to a FFL holder in NY state? I admit I am very ignorant as to the new NY laws on ARs and such being the new law was rushed through all the way to implementation so fast.
     
  2. deadsp0t

    deadsp0t New Member

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    I would be inclined to contact a government agency for a solid confirmation in writing as to the new New York laws, there is no way I'd risk a felony charge based off 'advice' from anyone other then a person of authority. Just my opinion
     
    Last edited: Mar 8, 2013

  3. batjka

    batjka New Member

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    This is how it goes:

    The SAFE act banned weapons with one or more "evil" features such as pistol grips, folding stocks, bayonet mounts etc. Stripped lowers do not have any of the banned features and thus are LEGAL to transfer in NYS. You are not breaking any laws by selling the lower and the buyer is not breaking any laws by buying. When the buyer puts the rifle together, it is his responsibility to ensure his finished product conforms to the AWB.

    So go ahead, sell the lower. Do not try to violate rights of New Yorkers any more than our governor already did.
     
    Last edited: Mar 9, 2013
  4. WebleyFosbery38

    WebleyFosbery38 New Member

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    Bat stated the law but now as an enraged upstater I will probably say something here that he wont like, dont sell the lower in NY even if its legal. Also, dont buy anything thats made in NY or come here for anything except anti safe act rallies. Additionally, if you sell products from a company that has a manufacturing presence in NY, tell them your holding any orders until they officially come out against the "Safe Act". Im 20 minutes from Remington arms in Ilion and they have been there for over 150 years, they have a responsibility to make sure they arent playing "Dry County" games, "we make it here but you cant get it unless you go elsewhere"!

    Unfortunately, common sense will never win out over dollars and cents! Big business is about big profit not the product or the law. Remington has gotten some big $$$ incentives to stay in NY in the past and its time they paid the people back by standing firm on our BOR's and their right to make a product and sell it to the people that made it!

    I would love for you to come upstate and see the real NY but if you do, do me a favor dont buy anything that add to the states tax coffers. Instead, go to the Turning Stone Casino or some other Indian owned facility. They deserve our support, they successfully have fought of the Albanizers for 200 years and we could learn some things from them.

    1- The guy in charge of the state in Albany is not in charge of our human and natural rights

    2- If 200 Indians in a trailer park can can fight off a few hundred legislators backed by the NYSP, NYARNG and the feds- a few million upstaters should have no problem doing the same!

    3- We dont want to secede from NY, we are NY! Those making Unconstitutional laws in Al-berlin are the ones that need to be cast out, were not going to give up our land or our rights to them ever.

    4- Dont give up on things called rights, without them all we have is wrongs!
     
  5. batjka

    batjka New Member

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    I have to disagree with you. People MUST sell to ordinary New Yorkers. We have the same rights as other Americans. There's no reason to deny us anything based on our residency here. I do agree with boycotting the NY govt and all its branches, including LE.

    FUAC, we will prevail!
     
  6. WebleyFosbery38

    WebleyFosbery38 New Member

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    I appreciate your position but still believe that anything that isnt directed at the wallets of the Republi-Crats and their funding agents will fall on deaf ears in Albany and Washington. Its all about the money. If that AR lower comes into the state, NY will get a piece of that action. Andy and Bloomie dont like fat people, cigarettes or guns but they loooooove the taxes and fees they collect in support of their FOOG agendas.

    What im not saying is that every NYer shouldnt be allowed to get that AR lower, 24/7/365 days a year. Right now, the surge in Weapons sales is only filling the Government coffers with our money to be used against us in a court of law later. Weve just got to be creative how we get what we get and make sure it doesnt feed their warchest and BS Statistics.

    So I gotta respectfully disagree with you bat, when your dealing with a "Costa", ya gotta tell their bosses you wont pay to hear the BS anymore.
     
  7. jjmitchell60

    jjmitchell60 New Member

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    OK, to end the contest as to sell or not sell vs rights or no rights, I will sell to NY as long as it does not violate any law which I can be charged for AND as long as I am not selling to a class of people who can own them when average citizens cannot. I stand with all the others who have stated they will not sell to LEOs or government agencies in a state that denies the average citizen the same right. As I understand it from the FFL who is to accept shipment, the law in NY has been put on hold till at least the end of the month by 2 NY Supreme Court Justices so that that POS Cu(nt)omo can prove it was constitutional as to the way it was passed and signed into law.
    So as of now till the end of the month, the NY citizen can buy an AR. Now I am to get that stated in writing as to the end of the month deal before I ship.

    As to upstate NY and lower NY (which I have been to both ONCE) I will not set foot in NY again at all due to the very restrictive gun laws that were already on the books well before the assualt weapon debate. What I have seen of upstate NY is nice in summer but too dang cold for me in winter! What I have seen of NYC, IMHO if I ever go back I will have officially died and gone to he!! is how I feel as to NYC. I refise to go anywhere that denies me the right to carry for my own protection. I do not go to IL at all and if I go to CA, which I do a bit, I carry illegally.
    As to NY and it's politics; I have to agree that the way to hit them is in the pocket book. That is why I have been rediculed many times for telling people on other forums who live in NY to move out if the do not like the new law. I would love to see all progun people and all progun companies move out of NY over the restrictive laws. States like my home state of KY would welcome those companies with open arms and the jobs they bring. We welcome all who move here as long as they keep their liberal ideas in the liberl state they fled. We do things a bit differently here and our politics is ours, if they move to KY then become Kentuckians and not try to make KY the same as the state they moved from. In short, liberals stay where you are, we do not want you or need you in any way. We have a law on the way to the Gov. desk that sttaes that KY will not officially reconize any new federal gun bans or mag cap bans.

    So to put an end to if I will sell and ship, YES I WILL as long as I am breaking no law OR selling to a "protective" class of citizen.

    Thanks for all the input gents and as to your laws, IMHO you elected that POS Cu(nt)omo so now you need to draw up a recall petition which you can do. You need to clean house in your politics IMHO but then again I am from the south so as stated, we do things differently here. A person like Cu(nt)omo would not make it as a dog catcher much less to any other office here in KY.
     
  8. batjka

    batjka New Member

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    Thank you for supporting our struggle. We are fighting this tooth and nail and we will prevail.

    I have to correct you, though. A stripped lower will still be legal to transfer in NYS no matter what. Because it lacks any "evil" features. Unfortunately many FFLs in NY or outside of the state do not understand what's in the law. It is extremely frustrating.
     
  9. jjmitchell60

    jjmitchell60 New Member

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    Let me add one thing I see in this discussion my question has brought forth. Here in KY our state motto is "United We Stand, Divided We Fall" and from what I gather the people who are fighting this fight in NY are divided. Now I am an outsider looking in but I also know agood bit as to history and I KNOW the NY Constitution has arecall section in it as to recalling Cuomo. IF all that are fighting this signed a recall petition, there is no doubt you will have enough people to sign it to force a recall vote. Now your recall vote could be by the people or by your elected Legislatures, not for sure exactly how your Constitution is worded, but either way you would send amessage to Cuomo that you will not lay down on this issue. ALL of you firearm owners need to unite in this fight under one common banner and not bicker between yourselves as to sell, not sell, buy, or not buy. I see this as a gun dealer all the time. Bolt gun owners care not about the AR owners. The pistol shooters care not about any otehr gun owners. Black Powder shooters would care little about modern guns. Shotgunners care littel about anytrhing but shotguns. Bottom line is you need to unite ALL gun owners and and educate all segments of gun ownership that once they take on class of guns, the next class of guns is only a pen stroke away. I have been preaching the need for ALL gun owners to unite since well before the first National AWB in 1994. It has not sunk in yet but you still need to try and do it.
    Good luckk in this fight but IMHO you are too divided within your ranks right now but as I said, I am on the out side looking in at this one thread. As to Remington, I have already stated I will not sell any gun or item made in a state that the citizen of that state cannot buy that gun. IF Magpul stays in CO and CO passes the HiCap ban, I will never sell or order another Magpul item. Same for Remington and Berrette being MD just p[assed a wide sweeping gun bill and Berrette is in MD.
    Just my 2 cents.
     
  10. WebleyFosbery38

    WebleyFosbery38 New Member

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    New York is a tale of two states with the same name. United we stand is a great motto and we the Firearms Owners of the Greater State of NY are United, always have been. Because were 95%+ Rural, were not as in touch with Albany like NY City and the Vacation Mecca's they have created and "Liberated" Upstate. There are very few large Vote Caches yet were 90% of the landowners in the state! We dont Rally that much cause we mostly all agree to leave each other the F alone, enjoy your rights, live up to your responsibilities and everything will be fine. My Wife, 2 Children, 4 Grandchildren, friends and neighbors deserve more than what they are shoving down our throats and up our 4th points of contact. I am a Real New Yorker, a certified Thoroughbred Mongrel! Ive called the hills and valleys Of this "Once Great and Future State of New York" Home for 50+ years and they will not chase me out while I am still able to uphold my Oath.

    While weve been living life generally unmolested for generations, thats not the case anymore. Albanizer Scrooge has reared his ugly Arse and brought a few Socialist ghosts with him. We are fighting back for our lives and the things were forced to do to try to beat them down arent without cost and come with risk to what we have left after taxes. Anything Ive suggested about who you can or should sell that lower to is purely advice, This is after-all America and I raised my hand a bunch of times in defense of your Natural Rights and My own. Just do whatever you can to aid the rest of us who are living in it to take back our rights or it could be KY next.
     
  11. hockeyjr1

    hockeyjr1 New Member

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    I don't think you are right here.. You can have 1 and only 1 evil feature on your ar15.. However!!!!!!!!! He now slipped in that one of the evil features is the ability to accept a detachable magazine over 7 rds.. So if you buy a lower now and build it up with a pistol grip which is the only way than that would be an assault weapon.. I have 2 stripped lowers I got before the ban and asked 3 lGS and they all said that I can't sell them..

    Personally if you sell the lower to a guy in nys and the ffl in nys does the transfer, they are at fault in my eyes that they were the ones to transfer a stripped lower... If a guy from ny goes to Florida and buys on in a store then brings it back and gets caught the Florida FFL will be in big trouble..

    My advice, tell the guy to wait till end of April when te gov is served a plate of his own poop on a platter by the Supreme Court...
     
  12. hockeyjr1

    hockeyjr1 New Member

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    Here this is what I just found..

    You are right on the 1 or more but since its a semi auto that can accept a detachable magazine you can have any evil features.. As of now there is no possible was to make a ar15 work without a pistol grip..

    Scary thing is I just read that a foregrip cannot be readly attachable... This means that a quad rail is now illegal too!!
     

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  13. batjka

    batjka New Member

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    You are correct, it's a semi-auto that can accept detachable magazine. But since a stripped lower does not have any other evil features, it's legal to possess in NYS. Once you put a pistol grip on it, it's an assault weapon. Until then, you're GTG.
     
  14. Jpyle

    Jpyle New Member

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    Dont think the SAFE act goes into effect until April. Either way the lower is not banned outright, only the parts that you can build on to it are.
     
  15. Cuomokissescock

    Cuomokissescock New Member

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    Actually some say it's illegal to purchase a stripped lower in ny or to sell to us who live here simply because the stripped lower can be made into a pistol..until it's built it doesn't get classified as a rifle/shotgun/pistol etc. I live in New York ten minutes from pa so I'm not saying this to upset any of my fellow citizens..ny sucks..plain and simple.
     
  16. locutus

    locutus Well-Known Member Supporter

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    According to the GCA 68 (Federal Law) the receiver IS the firearm.

    You can only sell a receiver if you could legally sell the entire firearm.

    To be legal, selling a firearm to a person from another state, the purchase must not violate the laws of the buyer's state of residence.

    And you can only ship a firearm across state lines to another FFL.
     
  17. Cuomokissescock

    Cuomokissescock New Member

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    I know the lower is the firearm. Hence why it has the serial number on it. But it isn't classified as a pistol, rifle, etc until it's built. Given the ability to be made into a pistol, is enough reason for the NY
    government to not allow sales of lowers unless one has a CCP.
     
  18. jjfuller1

    jjfuller1 New Member

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    Wrong. It's sold as an "other". Dude. I've bought Over 10 stripped lowers. Never an issue. I walk in. Pay. And fill in the paperwork
     
  19. Cuomokissescock

    Cuomokissescock New Member

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    I'm not here to argue or tell anyone what to do, I'm here to stick up for fellow gun owners. And when you can provide me a signed statement from the atf or the state saying its "100%" legal to buy a lower in New York I will gladly withdrawal my input. The problem is the atf and state won't give a straight forward yes or no leaving us in this grey area. I know dealers who sell them but I know more who won't lay a hand on them. The sage act is so choppy it's a gamble deciding to interpret it on your own. Your opinion will most certainly differ from the haunchos. I just don't want to see anyone get arrested over some dumb *** law so the government can make us look even worse. I can say I honestly know of two people near me who have received misdemeanors, and one a felony from buying lower receiver from a drug operation, and one for having one in his possession. All had to forfeit their firearms, and the one is now unable to ever own one again. Yes eventually I'm sure an amazing lawyer would eat that case up but with that comes even more money spent. Not to mention a long wait. We all just need to stand our ground, have each other's back and not budge until they have to revers this madness. No matter what actions are needed to get there. Just be careful buying lowers is all I'm saying. If you can find the patience to wait I would wait. Personally I'd be too embarrassed to walk onto a range with the New York safe compliant dildo stock on my ar. And the state hasn't given a yes or no on the legality of a bullet button..I'm losing so much faith in the government. It's time the people stand up and retake what is ours.
     
  20. kfox75

    kfox75 Well-Known Member Supporter

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    There is a simpler solution.

    Why is an SKS legal in NY, but an AR or AK is not? Simple answer is that the SKS has a fixed magazine. Pin the Mag in thew magwell of an AR, and it becomes a fixed magazine as it can not be removed without tools,. and since it's a tip up design to the upper, it can still be loaded via charger clips and a guide. Since it's made right here in the USA, 922r is not an issue, so you can add all the evil features you want at that point.

    As to the stripped lower part of this, it is classed as the firearm, plain and simple, and since it is not a long gun until the buffer tube is placed on it, you have to be 21 or over to buy or own one there. If you put a pistol tube on it, you need a pistol, permit to own, handle, or purchase it. that's the law in NY, even though it sucks b@lls.

    By now, the Op has made up his mind on whether or not to ship to a NY FFL, so it's kind of a moot point, but some of the laws have changed between now and then, including dropping the 7 round magazine limit (Which a .223 30 rounder will only hold 7 of .50 Beowulf or AE. ;)), and including some approved options that mirror Komiefornistan's laws on "AW"s. Some of the grip and stock options that are legal there are also legal in NY, so a CA DOJ compliant build would be legal in NY now.

    Long before the Unsafe Act was passed, I decided to GTFO of NY, but remained there due to my mother's health problems, and the ailing health of my grandparents. My grandfather passed 2 weeks prior to the passage of the Unsafe Act, and I am glad that was not there to see it passed. Even during his time on the NYSP, he did not agree with the Sullivan ACT, and actively fought to get it overturned. I joined that fight myself at age 18, and spent 23 years of my life fighting for the 2A there. With both of my grandparents gone, as well as my mom, 13 January, 2013 was the last straw for me, and in early 2014 i signed the lease on a house in Erie PA. We were out of NY as of 1 July, 2014, and had residency established here a month later. however, i still have friends and family back there, so I am still active in the fight for the return of our freedoms, and still attend rallies in NY state. i was not born there, but NY is still my Home (Still true if you look at a pre-Erie Canal map of the Eastern US. The part of PA I live in was once part of NY State, back when Ohio still bordered NY.)

    Kfox75 signing off from the Real NY. The NY that still lives in me, even though I no longer live in it.