Posted: 1/20/2009 11:27:45 AM EDT
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Would this work to make a NY AR15 a non assualt weapon as it does in Calif?
And no I do not want to be the test case, just a thought. |
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There's specific language in CA law that allows a bullet button to skirt around the AW laws (requiring a tool to remove the magazine). NY, to my knowledge, has no such language, and therefore, is open to interpretation.
Guess which way this would probably get "interpreted", in the current political climate? |
There is no cut and dry definition of detachable magazine in NY, or NJ. If you call the state police and speak to 4 different people, you're likely to get 4 different answers. It's things like this that make me a little envious of the Cali folks. There laws may suck, but they are clearly written. Give me a clearly written law, and I will find a clear way to go around it.
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A permanently attached mag, welded in, like they used to do in CA until they invented the bullet button, is an option, and there's no way anyone could say it's detachable. But wouldn't it have to be a 10 round magazine? I don't see why. In NY's ban, magazines have a separate section. |
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There's specific language in CA law that allows a bullet button to skirt around the AW laws (requiring a tool to remove the magazine). I believe this was the California AG's interpretation of what constituted a fixed magazine, not the law itself. This is the problem with New York State. The AG never issues rulings that can be used as guidance. This is why we are all looking for "test cases". If New York did follow the California interpretation then you would be able to get ten-round magazines, attach them with the special mag release button and add all the evil features you want. Just don't put in a thirty round magazine otherwise you exceed the fixed magazine limit as written in the law. |
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Quoted: Quoted: There's specific language in CA law that allows a bullet button to skirt around the AW laws (requiring a tool to remove the magazine). I believe this was the California AG's interpretation of what constituted a fixed magazine, not the law itself. This is the problem with New York State. The AG never issues rulings that can be used as guidance. This is why we are all looking for "test cases". If New York did follow the California interpretation then you would be able to get ten-round magazines, attach them with the special mag release button and add all the evil features you want. Just don't put in a thirty round magazine otherwise you exceed the fixed magazine limit as written in the law. You can thank your lucky stars that the NY AG or any other agency in NYS currently has the authority to regulate firearms in NYS. The AWB that passed the NY Assembly in 2008 (and prior years) but died in the Senate explicitly defines a detachable magazine. "Detachable magazine" means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. |
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Cool. You got a link to that?
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There's specific language in CA law that allows a bullet button to skirt around the AW laws (requiring a tool to remove the magazine). I believe this was the California AG's interpretation of what constituted a fixed magazine, not the law itself. This is the problem with New York State. The AG never issues rulings that can be used as guidance. This is why we are all looking for "test cases". If New York did follow the California interpretation then you would be able to get ten-round magazines, attach them with the special mag release button and add all the evil features you want. Just don't put in a thirty round magazine otherwise you exceed the fixed magazine limit as written in the law. You can thank your lucky stars that the NY AG or any other agency in NYS currently has the authority to regulate firearms in NYS. The AWB that passed the NY Assembly in 2008 (and prior years) but died in the Senate explicitly defines a detachable magazine. "Detachable magazine" means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. |
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No, but I didn't think Obama would be POTUS or the Republican's would lose majority control of the NY Senate either. You DO NOT want the new AWB to be enacted into law in 2009. The NYSP will likely ban the receiver by name regardless of features as being "suitable for military and not sporting purposes". |
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There is no cut and dry definition of detachable magazine in NY, or NJ. If you call the state police and speak to 4 different people, you're likely to get 4 different answers. It's things like this that make me a little envious of the Cali folks. There laws may suck, but they are clearly written. Give me a clearly written law, and I will find a clear way to go around it. IF IT COMES OUT IT IS DETACHABLE. There. Until the new ban go by that and live to fight another day. BTW, the NYSP DOES NOT ban guns, the legislature does. Don't blame us for this shithole state. |
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No, but I didn't think Obama would be POTUS or the Republican's would lose majority control of the NY Senate either. You DO NOT want the new AWB to be enacted into law in 2009. The NYSP will likely ban the receiver by name regardless of features as being "suitable for military and not sporting purposes". At that point, I might have to buy a couple of those new lowers from no name companies that keep popping up in the Shotgun News. There were a few that I never heard of in the last issue. |
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Not to be an ahole, but any magazine is detachable then. SKS for example comes with a "fixed" 10 round, normally loaded from the top of the receiver. However, take 4 seconds to check the chamber, lock the bolt, put the safety on and poke the trigger release with a phillips head screwdriver (aka the "tool"), and the trigger assembly will loosen, and your "fixed" magazine will detach on its own and go crashing to the floor.
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There is no cut and dry definition of detachable magazine in NY, or NJ. If you call the state police and speak to 4 different people, you're likely to get 4 different answers. It's things like this that make me a little envious of the Cali folks. There laws may suck, but they are clearly written. Give me a clearly written law, and I will find a clear way to go around it. IF IT COMES OUT IT IS DETACHABLE. There. Until the new ban go by that and live to fight another day. BTW, the NYSP DOES NOT ban guns, the legislature does. Don't blame us for this shithole state. |
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Quoted: BTW, the NYSP DOES NOT ban guns, the legislature does. Don't blame us for this shithole state. Not currently but if A-7331A is enacted into law in 2009 the NYSP Superintendent will have the legal authority to: (g) Modifications of such features, or other features, determined by 44 rules and regulations of the superintendent of state police to be 45 particularly suitable for military and not sporting purposes. In addi- 46 tion, the superintendent of state police shall, by rules and regu- 47 lations, designate specific semiautomatic centerfire or rimfire rifles 48 or semiautomatic shotguns, identified by make, model and manufacturer's 49 name, to be within the definition of assault weapon, if the superinten- 50 dent of state police determines that such weapons are particularly suit- 51 able for military and not sporting purposes. A list of assault weapons, 52 as determined by the superintendent of state police, shall be made 53 available on a regular basis to the general public. 54 Provided, however, that such term does not include any weapon that has 55 been rendered permanently inoperable. I don't blame the NYSP. I blame the estimated four million gun owner's in NYS who in large part have not become politically active or simply care more about pensions, gubmint handouts and trout streams than the RKBA in NYS. |
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I don't blame the NYSP. I blame the estimated four million gun owner's in NYS who in large part have not become politically active or simply care more about ... trout streams than the RKBA in NYS. This is one of the infuriating things that have bothered me for a long time about the parties. You can choose the RKBA but give up clean air, water, land, etc. I find it difficult to understand why the two should be mutually exclusive. |