Legality question

Discussion in 'AR-15 Discussion' started by longunner, Apr 25, 2013.

  1. longunner

    longunner New Member

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    So I live in the people's republic of new york and as you all may or may not know, we are no longer allowed to purchase an AR-15. My question is this, if I were to buy an 80% lower would I be free and clear to own it? I don't want any trouble with the ATF or any laws. I know this is a question best asked to a lawyer but I wanted to hear some input from you guys as well.
     
  2. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    It wouldn't involve the BATFE as there is no federal ban.

    State law dictates no "assault weapons" may be sold in New York after April 15, 2013. Manufacturing one for personal use MAY be an unexplored loophole. But, you must have it registered with the State Police prior to April 15, 2014.

    This is just an interpretation of the law. You should ask the State Police or an attorney to avoid any trouble.
     

  3. longunner

    longunner New Member

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    I surely will I see state cops all the time at my job. My only fear is that they've never heard of an 80% lower before...any phone numbers of known pro 2A attorneys in New York that you know of?
     
  4. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    No. Sorry. Best of luck, though.
     
  5. partdeux

    partdeux Well-Known Member

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    BAD BAD BAD advice to ask police for legal advice. Interesting question, but find a 2A qualified attorney.
     
  6. longunner

    longunner New Member

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    Why bad? Maybe because they wouldn't want me to have another AR?
     
  7. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    I think he means you shouldn't get legal advice from a beat cop. You should contact the State Police administrative office.
     

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  8. JTJ

    JTJ Well-Known Member Supporter

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    If you contact the police they will probably run terrified to the higher ups and get the lower banned.
     
  9. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    best suggestion is to consult an attorney that's well versed in the gun laws of your state.
     
  10. longunner

    longunner New Member

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    I know the NEA has a list somewhere...anybody got a link?
     
  11. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    NRA members can use the attorney referral program.
     

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  12. JohnJak

    JohnJak New Member

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    Never ask a LEO for their interpretation of the laws. They will all give different answers.

    Consult a Lawyer.
     
  13. partdeux

    partdeux Well-Known Member

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    An LEO is NOT trained in the finer points of the law.

    Even lawyer have trouble with it.

    I'll give you a personal example. MI laws are at best screwy. I've heard some incredible LEO interpretations that would be thrown out of court with 1st year law students defending. But even better, my own personal attorney, who I will NEVER consult for a 2A case, is a nearby towns prosecutor. We got into a discussion one day about LEO's and he showed me his training presentation... I found a HUGE, but obscure mistake in his training program. So here an attorney is training LEO on what they can arrest people for, and he's made a mistake.

    Co-Worker's brother worked for a local dept, and absolutely insisted their "local" firearm law was legal. Funny thing, I tipped off a state organization, who sent a registered letter to the chief of police, who consulted their attorney, and they replied to the organization stating their officer's (not identified) opinion was not correct and they would begin training their officers on that specific law.

    I got into a rather interesting discussion with a sgt in my own small town over the city writing tickets on something they were wrong on. He absolutely insisted they were right. State law was very clear on the subject. Friend of mine received a ticket for this "violation", and I tipped him off on the resource I had dug up. Judge threw it out, and they stopped writing tickets on this particular infraction. BTW, this is the same sgt that told me that alcohol should be banned and us peasants shouldn't be allowed to own firearms.

    So no, never ever ask an LEO for legal advice. Ask the guy who will be standing next to you addressing the judge.
     
  14. xRacerX75x

    xRacerX75x New Member

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    I can not speak for NY or MI laws or LEO's, but as a LEO in Texas I will give the same advice as above. Consult an attorney in your area.

    Laws are some times very clear and other times open to interpretation. Most of the time with 2A questions they are unclear. Because of this each situation is different and even more one LEO may interpret the same circumstances differently than another depending on his training. And to add to the already confusing stack of laws, a huge factor in an LEO's decisions and interpretations is his departments policy.

    And a side note for the Sgt in MI that believes everyone should be disarmed, he can go kick rocks! My partner made a traffic stop on a speeding vehicle and before making contact was notified the occupants of that vehicle were just involved in a robbery and were armed. Long story short a civilian with a concealed handgun license help my partner keep the suspects on the ground at gun point until we could get there to back him up.
     
  15. fsted2a

    fsted2a Active Member

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    Yep. That about sums it up.