Posted: 3/31/2016 11:53:31 AM EDT
| Here is a question for you legal buffs out there (please no SAFE Act rants). I want to purchase a blank fire AR-15 upper to use on a real AR-15 lower with a collapsible stock. The upper has a specialized orifice at the end of the barrel that allows some pressure to escape but is very small so you can't shoot through it, but is otherwise the same as a standard upper. Since the upper can't fire bullets would this be good to go? This is just for fun, I believe from what I read this should be good to go but it never hurts to get insite from others. |
| Ok here is my take, technically I think its legal. The big however is a firearm under nys penal law is a weapon designed to fire a projectile. Most officers are not firearms experts and only have a basic knowledge of firearms and how to make them safe and clear. If they believe or think the weapon could fire because they do not know better you will be charged, and the weapon sent to the lab for analysis. It will come back as inoperable and the charges dropped but is it worth it? Many times people are arrested with track starter pistols or then they run and we chase they throw the previously working gun and its damaged making it not work upon lab tests. They more or less get a free pass then on the weapons charge. |
| It's an interesting question, but do you have enough money to be the test case? The fact that you put a blank firing upper on an AW might,, and I mean maybe, exempt you from violating section 265 because you are not expelling a projectile. I wouldn't want to risk a felony over a blank firing rifle. |
|
I realize this is a State and not a Federal issue, but the jest still applies if for no other reason than "constructive intent":
Just because a firearm is set up to fire blanks, does NOT exempt it from NFA requirements ie: a fully automatic replica of a M-16 that's only firing blanks (not to be confused with specifically made Theater Prop Guns) is still a Machinegun. I would expect someone in Law Enforcement answering a complaint or "seeing it" would presume it to be an illegal weapon until proved otherwise; now someone might bite off on it's only firing blanks, but chances are it's still going to be seized, you arrested, and everything scrutinized. 
"You may beat the rap, but you're still taking the ride." Now if clearly you're making a motion picture (not just shooting some footage with an amateur camera) with a crew ,props, permits, etc. THEN it might be overlooked, but you still have to comply with a special set of legalities. 
|
| Just to clarify the lower would be semi auto only. Consider they make crossbow uppers (kinda cool actually), bolt action .50 uppers, etc. that all fit AR lowers. Obviously the lower is still a firearm and must be treated as such, but with a converted blank fire only upper as noted previously no projectile comes out. So just like you can have an adjustable stock with a bolt action upper can't you have it with a blank fire upper? Just want to make sure I am not missing anything somewhere. |
|
The only thing I can find is that you can't have a blank firing gun in NYC without various licenses. I can't find anything outside of that other than the thewrap.com article where Skelos specifically implies that movie prop guns aka blank firing guns, aren't exempt from SAFE restrictions. Everything else talks about NYC. IMHO, I think you're playing with fire, and you should check out stuff like this instead which still makes lots of noise and has all sorts of fun cosmetic features without getting even close to any NY law restrictions. http://www.airgundepot.com/uzi-4-5mm--co2-metal--blowback.html |