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Thread: making a rifle new york compliant

  1. #1
    IDF
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    Default making a rifle new york compliant

    so i have been reading on another website that it is illegal to make a rilfe that wasn't originally compliant from the factory .......new york compliant?

    is that true?
    happy april 15th!

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    General Darthgamer138's Avatar
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    No.

    Close thread.
    Steve-o likes this.
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    That's a load of crap. The law states that if a rifle was manufactured after Sept. '94, it can't have two or more evil features. It does not state that it can't be manufactured with evil features, then have them removed to make it compliant.
    All the laws says is that if it is made after the '94 date and it accepts a detachable magazine, it can't have more than one of the following: pistol grip, collapsible stock, bayonet lug, or flash suppressor. Any one of them is fine, but more than one, and you have an illegal weapon.

    It would be illegal for you to buy a non-compliant rifle, take it home to NY, then make it compliant, but only for as long as the rifle had the evil features that made it illegal. If you buy it in another state, make it compliant there, then bring it here, you're legal.


    Simple way to deal with it is to ask the member of the other board to show you the statute that makes it illegal to make a rifle compliant with NYS law.

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    yeah just some nonsense i read. didn't sound right to me either. apparently that's what the law said when they raided the long island gun shops last year or so.

    "The Rifles never came in as NY compliant from the company so they made them NY compliant which is illegal and never should have been sold because it was not NY Compliant from the factory in the first place .

    So who suffers you the customer as you can get in trouble for not having a NY Compliant rifle from the factory even when you don't know it ."---The law said this not me.
    happy april 15th!

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    now according to what they said it's STILL illegal even after it was made compliant. but i guess that's horse****
    happy april 15th!

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    The story he may be referring to is the one in which they TRIED to make the rifles compliant but did not. Something like they just screwed (and not welded) a muzzle break on and only temporarily pinned the stock and I think maybe left the bayonet lug on. I vaguely remember the story too. The point is that if you bring a rifle to NY and make it compliant then it is legal. Doesn't mater how it came here or when it was made. You can even have a non-compliant rifle shipped to an FFL here to do just that. Lots of FFLs do the "neutering" of ARs. They are allowed to possess non-compliant ARs on their FFL.
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    It would be illegal for you to buy a non-compliant rifle, take it home to NY, then make it compliant, but only for as long as the rifle had the evil features that made it illegal. If you buy it in another state, make it compliant there, then bring it here, you're legal. "quote"

    what if you just buy a non compliant upper as a gun "PART" then make that part compliant then assemble it to a lower then it becomes a rifle which is now ny compliant
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    Quote Originally Posted by Darthgamer138 View Post
    The story he may be referring to is the one in which they TRIED to make the rifles compliant but did not. Something like they just screwed (and not welded) a muzzle break on and only temporarily pinned the stock and I think maybe left the bayonet lug on. I vaguely remember the story too. The point is that if you bring a rifle to NY and make it compliant then it is legal. Doesn't mater how it came here or when it was made. You can even have a non-compliant rifle shipped to an FFL here to do just that. Lots of FFLs do the "neutering" of ARs. They are allowed to possess non-compliant ARs on their FFL.
    yeah that's what they were talking about
    happy april 15th!

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    Quote Originally Posted by badbowtie View Post
    It would be illegal for you to buy a non-compliant rifle, take it home to NY, then make it compliant, but only for as long as the rifle had the evil features that made it illegal. If you buy it in another state, make it compliant there, then bring it here, you're legal. "quote"

    what if you just buy a non compliant upper as a gun "PART" then make that part compliant then assemble it to a lower then it becomes a rifle which is now ny compliant
    There is no such thing, really, as a non-compliant upper. You could easily take any upper and put it on a pre-ban lower, or convert it to a bolt action (I've see them for CA) upper and then put it on a lower. The only thing illegal would be a post-ban SEMI-AUTO RIFLE.
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    As he stated, an upper is just a part until it's on a lower. It's the lower receiver that dictates what is legal on the upper, not the upper its self.
    I can buy all the flash hiders I want, and store them right next to my post ban rifle, but until I remove the legal muzzle brake, and install the flash hider, it's just a part.
    Things might get a little "iffy" if you have a complete post ban lower, and a complete pre-ban configured upper, and no other way to use them but together. There's this thing called "constructive possession" where they can prove that something could only be used illegally, then it's the same as having it in an illegal configuration. It's really convoluted, and confusing, and may not even be applicable under current case law outside of the ATF's reading of the NFA laws, but.....
    When I am making a new rifle to be NY compliant, I always do the upper FIRST, then complete the lower. I also make sure I don't have any other lowers that are complete could be used to make an evil "Semi-Automatic Assault Weapon" without having a legal, and complete upper for them.
    In short, if I have a pre-ban configured upper, all of my lowers already have legal post ban uppers on them, so I can make the argument that I was in the process of making a legal rifle, and the other rifles were already legal as they stand. I don't know how well that would fly with a DA, but at least it might show I was trying to follow the law to a jury. I just try to play things as legal as I can get them, and avoid the gray areas when I can.

    IDF, you might also want to remind them that most of those cases in the LI "Big Raid" were thrown out of court, or quietly dropped by the DA.

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    Was there any reference to any specific law or written guidance from the NY State Police where you were hearing that?
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    Quote Originally Posted by vantrepes View Post
    As he stated, an upper is just a part until it's on a lower. It's the lower receiver that dictates what is legal on the upper, not the upper its self.
    I can buy all the flash hiders I want, and store them right next to my post ban rifle, but until I remove the legal muzzle brake, and install the flash hider, it's just a part.
    Things might get a little "iffy" if you have a complete post ban lower, and a complete pre-ban configured upper, and no other way to use them but together. There's this thing called "constructive possession" where they can prove that something could only be used illegally, then it's the same as having it in an illegal configuration. It's really convoluted, and confusing, and may not even be applicable under current case law outside of the ATF's reading of the NFA laws, but.....
    When I am making a new rifle to be NY compliant, I always do the upper FIRST, then complete the lower. I also make sure I don't have any other lowers that are complete could be used to make an evil "Semi-Automatic Assault Weapon" without having a legal, and complete upper for them.
    In short, if I have a pre-ban configured upper, all of my lowers already have legal post ban uppers on them, so I can make the argument that I was in the process of making a legal rifle, and the other rifles were already legal as they stand. I don't know how well that would fly with a DA, but at least it might show I was trying to follow the law to a jury. I just try to play things as legal as I can get them, and avoid the gray areas when I can.

    IDF, you might also want to remind them that most of those cases in the LI "Big Raid" were thrown out of court, or quietly dropped by the DA.

    i don't know much about the story other than what i wrote and even that was just internet talk
    Last edited by IDF; 06-03-2012 at 10:47 PM.
    happy april 15th!

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    Quote Originally Posted by vantrepes View Post
    It would be illegal for you to buy a non-compliant rifle, take it home to NY, then make it compliant, but only for as long as the rifle had the evil features that made it illegal. If you buy it in another state, make it compliant there, then bring it here, you're legal.
    You couldn't buy one in another state since you would have to go through an FFL.

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    You can if you are a resident of the other state and visiting NY, or a resident of both states.

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    Quote Originally Posted by sr20sean View Post
    You couldn't buy one in another state since you would have to go through an FFL.
    Quote Originally Posted by vantrepes View Post
    You can if you are a resident of the other state and visiting NY, or a resident of both states.
    You're legally allowed to buy a rifle in any state bordering NY from an FFL. You do not need them to ship it to your local FFL. It would be illegal to buy from a private seller though.
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    Quote Originally Posted by Cossey View Post
    You're legally allowed to buy a rifle in any state bordering NY from an FFL. You do not need them to ship it to your local FFL. It would be illegal to buy from a private seller though.
    You can buy a long gun from an FFL in any state.
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    Quote Originally Posted by vantrepes View Post
    That's a load of crap. The law states that if a rifle was manufactured after Sept. '94, it can't have two or more evil features. It does not state that it can't be manufactured with evil features, then have them removed to make it compliant.
    All the laws says is that if it is made after the '94 date and it accepts a detachable magazine, it can't have more than one of the following: pistol grip, collapsible stock, bayonet lug, or flash suppressor. Any one of them is fine, but more than one, and you have an illegal weapon.

    It would be illegal for you to buy a non-compliant rifle, take it home to NY, then make it compliant, but only for as long as the rifle had the evil features that made it illegal. If you buy it in another state, make it compliant there, then bring it here, you're legal.


    Simple way to deal with it is to ask the member of the other board to show you the statute that makes it illegal to make a rifle compliant with NYS law.

    ive been told that its illegal for nyer to buy a non ny awb compliant rifle out of state due to law stating nyers can purchase out of state as long as the firearm adheres to ny awb and laws....................... this is not the answer but just another set of questions

    from what i gather you need a gunsmith out of state to do the work and then sell it to you!

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    Quote Originally Posted by zeroskin View Post
    ive been told that its illegal for nyer to buy a non ny awb compliant rifle out of state due to law stating nyers can purchase out of state as long as the firearm adheres to ny awb and laws....................... this is not the answer but just another set of questions

    from what i gather you need a gunsmith out of state to do the work and then sell it to you!
    I dont think thats the case. I believe you can own an non-compliant gun as a NY state resident, as long as you dont bring it into the state, and store it in a state where its legal. You could also have it converted to be NY compliant and then bring it into the state through legal means (FFL or from boarder state). If Im wrong, I apologize and Im sure someone will correct me.

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