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  1. #1
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    Default The AR-15 and New York Requirements

    Can someone please breifly explain to me what you guys have as far as the AR-15 goes, and an outline of the process of obtaining one in New York State and the fesability of one in Nassau County. I have heard alot about BATF registration and certain requirements as far as local law enforcemt needing to sign off on certain forms, do you have selective fire rifles or is it just assumed that everything is semi-auto only? Just orient me a little bit.
    Thanks.

  2. #2
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    Default Re: The AR-15 and New York Requirements

    i definitely do not know everything when it comes to the laws in regards to the ar15's, but what i do know is that you can not mix pre-ban parts (bayonets, collapsable buttstocks, ect) with post ban lowers. no firearm resembling anything like an ar15 is legal in NYC.

    as for as obtaining one, you need to go to a FFL gun shop. i just purchased a stripped lower this past friday and all i did was fill out the page of paperwork given to me by the shop, they made a phone call to verify and that was it. the stripped lower went home with me 25 mins later.

    there will be a few others on the forum that will be able to better advise with all of the different laws/regulations. hope its a little bit of info to help get you started.

  3. #3
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    Default Re: The AR-15 and New York Requirements


  4. #4
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    Default Re: The AR-15 and New York Requirements

    From the NYS laws....

    22. "Assault weapon" means (a) a semiautomatic rifle that has an
    ability to accept a detachable magazine and has at least two of the
    following characteristics:
    (i) a folding or telescoping stock;
    (ii) a pistol grip that protrudes conspicuously beneath the action of
    the weapon;
    (iii) a bayonet mount;
    (iv) a flash suppressor or threaded barrel designed to accommodate a
    flash suppressor;
    (v) a grenade launcher;

    you can read them all here
    http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS

    scroll down to PEN (penal law) then go to article 265 and read through there.

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  5. #5
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    Default Re: The AR-15 and New York Requirements

    So, in theory, one could buy a pre-ban (1994) semi-auto reciever and build it up. What about a pre 1986 full auto or select fire type? Assuming any of this you need a CLEO to sign off on this? That kinda just makes everything impossible...

  6. #6
    Administrator Jeff's Avatar
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    Default Re: The AR-15 and New York Requirements

    Full auto/select fire is illegal unless you have the proper FFL. Class III or whatever it is. It is possible in NY state believe it or not. A FFL license that lets you play with full auto toys would run you about $1500/year and there are strict rules about where you store the stuff and they come inspect everything periodically.

    As for semi-auto rifles, if you bought a pre-1994 AR-15 lower receiver you can have a bayonet lug and flash hider and all the other evil parts on it and it's completely legal and you don't need any special paperwork or anything.

    If you bought a post-ban AR-15 receiver you can build it and own it with no special paperwork as long as you comply with the laws for what defines an assault weapon. With an AR-15 you one allowed feature will most likely be a pistol grip so if you make sure it's a fixed stock, no bayonet lug and a crowned barrel or one with a permanently attached muzzle break you're good to go.

    ^ that's all true under NY state law. I have no idea if Nassau county has different/more strict regulations. Excuse my ignorance but Nassau county doesn't fall under the NY city laws (which are different than the rest of the state) does it? ???
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  7. #7
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    Default Re: The AR-15 and New York Requirements

    Nassau does not fall under the NYC laws, they tend to be strict with their permits, and everything (like the city) goes through the Police Commissioner as far as the pistol permit. If I don't need paperwork for it though all I really need to do is buy a pre-ban lower reciever online to transfer to my FFL dealer and I can build anything I want from there? Sounds reasonable...I feel like I am missing something...

  8. #8
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    Default Re: The AR-15 and New York Requirements

    95% of the time its not worth buying the lower receiver online and having it shipped to an ffl near you. you will have the cost of the receiver, shipping and a $35 ffl transfer charge. unless you are getting the receiver at one hell of a cheap deal, you are better off just buying it at your local shop

  9. #9
    Administrator Jeff's Avatar
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    Default Re: The AR-15 and New York Requirements

    A pre-ban AR lower is going to bleed your wallet dry and be really hard to find. To me it wasn't worth it. A collapsible stock is the only thing on that list that I'd want that I can't have.

    At the last gun show up here there was a complete Colt pre-ban lower with a collapsible stock. I think it was in the $500 neighborhood. It was used obviously but in pretty good shape.
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  10. #10
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    Default Re: The AR-15 and New York Requirements

    If I'm going to do it, I'd do it right, I mean I just spent $1000+ on a H & K P2000 with all accessories (actually got a great price on the pistol itself...)

    I have an Inc. I used briefly for some eBay and Motorola related sales...I wonder if I could use it to get around the required CLEO signiture on the Form 4 and just get whatever the heck I want...or does this include the annual tax too?
    anyone know about the below?


    Corporate or Estate Ownership:
    In some areas it is difficult to get a law enforcement signature on the ATF Form 4. To circumvent this problem, some people purchase the gun through a corporation or an estate. If you are a SOT payer acquiring a firearm from a private source, a private individual who is creating an estate, or someone who is incorporated or is a senior officer in a corporation, you can acquire an NFA firearm on an ATF Form 4 without the need for a law enforcement endorsement, photograph, or fingerprint card. You still must pay the Federal Transfer Tax. If the gun is transferred to a corporation, it must be retained by the corporation until it is dissolved. At such time the gun must be sold on a tax paid transfer, retitled to someone on a tax paid transfer, or surrendered to the BATF. In the case of estate ownership, it can be transferred or inherited.

  11. #11
    Administrator Jeff's Avatar
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    Default Re: The AR-15 and New York Requirements

    I don't know much about the federal forms. You're over my head now

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  12. #12
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    Default Re: The AR-15 and New York Requirements

    I'm pretty sure you can't get a Form 4 in NYS.


    Even if you get the proper FFL for Class III weapons I believe you still need the CLEO to sign off on paperwork stating that their dept. is using the weapon as a demo, etc.

  13. #13
    Administrator Jeff's Avatar
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    Default Re: The AR-15 and New York Requirements

    Quote Originally Posted by ARK
    Even if you get the proper FFL for Class III weapons I believe you still need the CLEO to sign off on paperwork stating that their dept. is using the weapon as a demo, etc.
    Quite possibly. IIRC the person I'm thinking of that has class 3 stuff actually has a license to manufacture them, not just to own them so that might make a difference. It's for a legitimate business involving them.
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