Posted: 10/1/2007 8:57:10 AM EDT
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With all do respect you are wrong. I've confirmed that any lower receiver that was manufactured (lawfully possessed) prior to Sept. 13th 1994 is grandfathered with the NYSP GIU unit along with serveral other NYSP Law Enforcement members. I have done so in the capacity of a leo and on a taped line. The bottom line is that the NYS Assault Weapons Ban is in fact different from the old Feder Ban. And no, all post bans compliant AR's are not illegal because they are not exact copies of the orginal Colt AR15. If the NYS Penal law required that a pre 1994 lower was part of a complete rifle it would state so. The fear that many have comes from the old ATF ruling which doesn't apply here in NYS. 1981 |
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I'm confused on this. I thought the NYS AWB was interpreted the same as the expired Fed AWB in that lowers are only considered pre-ban if they can be demonstrated that the lower left the mfg as a COMPLETE rifle OR was assembled into a COMPLETE rifle (prior to '94). When did the interpretation -- that a UNASSEMBLED lower was considered pre-ban if manufactured prior to '94 -- beome the prevalent interpretation? Edit: I just saw 1981's answer to Phil. So, the bottomline is that the correct interpretation should be coming from the NYS AG or NYSP GUI, but it's problematic because no one is willing to commit to an "official" opinion in WRITING. This is a wonderful state we live in. <Sigh> |
The complete rifle thing was a old ATF ruling, NOT NYS law. The NYS law is in fact different then the old federal ban. 1981 |
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Pl 265.00 22. "Assault Wepon" means: a semi automatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: ( The penal law lists all the the evil parts ). Pl 265.01 (e) provided however, that such term dos not include: (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September fourteenth, nineyty-four. Sub (d) is what covers the pre 1994 lower reicever. Pl 265.00 Sub. (d) Any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, know as : (4) Colt AR15. As stated above the NYS Penal law does in fact consider the frame or reciever to be exempt from the ban. 1981 |