NYS Assault Weapon Ban question

Discussion in 'Legal and Activism' started by Vincine, Nov 8, 2011.

  1. Vincine

    Vincine New Member

    I saw a few AR-15s at the local Gander Mountain and someone had a S&W M&P 15 at a local range. I've also read the following NYS regulation:

    >ASSAULT WEAPON MEANS . . . (snip) . . . (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: . . (snip) . . . (iv) Colt AR-15;< (Itals & underline mine)

    I haven’t seen this conflict addressed in my searches. NYFirearms.com says it's because of small differences between the Colt and the knock-offs. Or in others words, anyone can buy a Colt AR 15, so long as it's not made by Colt.


    I know a lot of NYS laws don't make sense, not just firearms laws, but this is especially perplexing. Can someone here enlighten me?
  2. bkt

    bkt New Member

    New York allows two "evil" characteristics of a semi-auto long gun. You may have two of the following on any long gun that was made after September, 1994:

    - Pistol grip
    - Detachable magazine
    - Bayonet lug
    - Collapsible or folding stock
    - Grenade launcher

    An AR-15 of any sort has a pistol grip and a detachable mag. Those are your two evil features that are legal. That means you may not have a collapsible stock on it. You may not have a flash hider. You can have a muzzle break provided it is pinned and silver-soldered (to 1500 degrees). You may have a non-threaded barrel but you may not have a threaded barrel if you can remove whatever is on the end of it. If your long gun comes with a bayonet lug, it must be ground down so it is unusable.

    If you have an AR lower that is pre-ban, you can have anything you want on it except a flash hider or suppressor. Bear in mind magazines are a separate issue: no post-ban mags with a capacity of more than 10 rounds are legal. All mags must be date-stamped before the date or have no markings inside or out that show they are post-ban.

    You may own a Colt or a Stag or an RRA or whatever as long as it doesn't have more than two of those very, very evil features.

    Does any of this make any sense? Of course not. Does anything the New York State legislature does make any sense? Of course not.

  3. Vincine

    Vincine New Member

    Yeah, I read that part. That’s Part 22 (a).

    I guess I don’t get why they even have Part 22 (d) specifying the Colt AR 15 & knockoffs in particular as evil and banned, if its already spelled out in 22 (a). It makes one (me) think it means ‘as well as’ or ‘in addition to’ or ‘not excluding’, instead of 'as applied to'.

    It’s like saying:
    Part 22 (a) Cars that have round wheels and can go though green lights are prohibited from going though red lights.
    Part 22 (d) Except cars that are (iv) Fords or look like Fords.

    It’s good to know Gander Mountain isn’t run by felons. Now I can sleep. ;)
  4. Jpyle

    Jpyle New Member

    New York's law sounds a lot like the laws here in New Jersey. NJ maintains a list of specifically banned "assault weapons." On that list is the Colt AR-15 and CAR-15 type rifle. This means that I cannot own an AR that has a Colt rollmark or AR-15 stamped anywhere on the receiver. RRA, Bushmaster, Armalite, etc are all legal provided they are not "substantially identical" to the Colt. In New Jersey the term "substantially identical" means having more than 2 of the aforemention evil gun features. Unlike NY, there is no such thing as a pre-ban, the NJ law was in effect before the Clinton ban and simply reverted back into law in 2004.

    In your case, the small modification may in fact be removing the Colt rollmark. Case in point...In NJ the M1 and M1-A1 are banned...the Springfield M1 National Match is permitted because of some minor changes. Same rifle, rounds, mag capacity, etc. Trying to make sense of this will drive you crazy.