Close

Results 1 to 15 of 15
Like Tree7Likes
  • 1 Post By NY Leatherneck
  • 3 Post By timmyp
  • 1 Post By Rustrtal
  • 1 Post By Catfish787
  • 1 Post By Goros

Thread: Semi-auto, pistol grip shotguns under new law, legal or not?

  1. #1
    Corporal beefwellington's Avatar
    Join Date
    Mar 2012
    Location
    Rochester
    Age
    25
    Posts
    115

    Default Semi-auto, pistol grip shotguns under new law, legal or not?

    So I have a Benelli M4 with the stock 5 round magazine tube. Because it's semi-auto and has a pistol grip, does this make it illegal under the new law?

    S2230-2013 - NY Senate Open Legislation - Licensure, suspension and revocation of firearms licenses - New York State Senate

    From what I got out of the bill...

    (B) A SEMIAUTOMATIC SHOTGUN THAT HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:
    (I) A FOLDING OR TELESCOPING STOCK;
    (II) A THUMBHOLE STOCK;
    (III) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE NON-TRIGGER HAND;
    (IV) A FIXED MAGAZINE CAPACITY IN EXCESS OF SEVEN ROUNDS;
    (V) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;

    So it sounds like I can have a pistol grip AND now I can have the 7 round extension tube, is this correct?
    "Give a guy a gun, he thinks he's Superman. Give him two and he thinks he's God." - Hardboiled

  2. #2
    Captain NY Leatherneck's Avatar
    Join Date
    Aug 2010
    Location
    Orange County
    Posts
    913

    Default

    It seems you are correct on that. Just remember the federal 922r compliance aspect on adding the magazine extension.
    tman1753 likes this.
    We the people......

  3. #3
    Corporal beefwellington's Avatar
    Join Date
    Mar 2012
    Location
    Rochester
    Age
    25
    Posts
    115

    Default

    After reading a bit more, now I'm really confused. Shortly after what I listed above, it says:


    22. "Assault weapon" means...
    (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:
    (I) ANY RIFLE, SHOTGUN OR PISTOL THAT (A) IS MANUALLY OPERATED BY BOLT, PUMP, LEVER OR SLIDE ACTION; (B) HAS BEEN RENDERED PERMANENTLY INOPERABLE; OR (C) IS AN ANTIQUE FIREARM AS DEFINED IN 18 U.S.C. 921(A)(16); (II) A SEMIAUTOMATIC RIFLE THAT CANNOT ACCEPT A DETACHABLE MAGAZINE THAT HOLDS MORE THAN FIVE ROUNDS OF AMMUNITION; (III) A SEMIAUTOMATIC SHOTGUN THAT CANNOT HOLD MORE THAN FIVE ROUNDS OF AMMUNITION IN A FIXED OR DETACHABLE MAGAZINE; OR (IV) A RIFLE, SHOTGUN OR PISTOL, OR A REPLICA OR A DUPLICATE THEREOF, SPECIFIED IN APPENDIX A TO 18 U.S.C. 922 AS SUCH WEAPON WAS MANUFACTURED ON OCTOBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE MERE FACT THAT A WEAPON IS NOT LISTED IN APPENDIX A SHALL NOT BE CONSTRUED TO MEAN THAT SUCH WEAPON IS AN ASSAULT WEAPON; (V) ANY WEAPON VALIDLY REGISTERED PURSUANT TO SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER. SUCH WEAPONS SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH (H) OF THIS SUBDIVISION; (VI) ANY FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLICAS THERE


    Legal jargon always confuses me, I'm not sure how to interpret the above regarding the magazine tube of the shotgun. I know the FAQ sections were taken down so maybe I'll wait it out until they get updated again.
    "Give a guy a gun, he thinks he's Superman. Give him two and he thinks he's God." - Hardboiled

  4. #4
    Not so Super Moderator Chicken Shoot's Avatar
    Join Date
    Jan 2012
    Location
    Saratoga County
    Posts
    8,225

    Default

    Illegal .... no ... not illegal ..... is it now considered an assault weapon?? YES!! Yes it is which means that it's gonna cost you more to register that weapon. Oh ... and you can't sell it either .... this legislation basically is a wait and grab law!! You either turn it in, sell to a gun shop or pay the high registration fee!! But hey ... on a good note you have one year to register it and after that if you're caught with it UNREGISTERED you'll be charged with a misdemeanor of not registering the weapon AND a class D or E felony of illegal possession of a weapon. Welcome to NY!!!!
    Last edited by Chicken Shoot; 01-16-2013 at 11:36 AM.
    RPD46

  5. #5
    Major timmyp's Avatar
    Join Date
    Mar 2012
    Location
    Madison County
    Posts
    2,057

    Default

    First off i will state i am with everything in my heart and soul a stark supporter of gun rights not being infringed. But to see thousands of gun owners cowering and scrambling over an unconstitutional law makes me sick, how many bullets, which magazine, what are the dates, whos gonna take them, can i still buy them, load 7 bullets or 10, WHERE IS THE LINE ? next year after the next false flag staged shooting everyone will be cowering over THAT law that gets passed, banning the use of anything more than single shot. There has to be a line, or month after month, year after year, law after law, we will be left with nothing, they might let us have sling shots. Today its 10 round magazines, TOMORROW ITS ONE ROUND ONLY AND YOUR FREE SPEECH AND PROPERTY RIGHTS, WHILE THEY ARE AT IT. HOW DARE YOU SPEAK OUT AGAINST YOUR MASTERS ? WHERE DOES IT END ? I think we need to convince the local sheriffs to LOUDLY AND PROUDLY AND PUBLICLY OPPOSE THIS CORRUPT LEGISLATION, from a corrupt governor who was bought by lehman brothers as attorney general during the judge wife beater case. MANY SHERIFFS around the country are already publicly stating they will not comply, some even sending letters to the traitor in chief himself. ENOUGH IS ENOUGH, STOP SCRAMBLING LIKE ANTS, FOR CHRIST SAKE IT IS TIME PEOPLE. Contact all local sheriffs and demand they stand up to their OATHS OF OFFICE.
    defilade, JohnnyFamous and Bob11 like this.
    "We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution." Abraham Lincoln

  6. #6
    Corporal beefwellington's Avatar
    Join Date
    Mar 2012
    Location
    Rochester
    Age
    25
    Posts
    115

    Default

    Guys, I know we're all upset about this and very angry. I'm just trying to figure out the interpretation of this law so I know if my shotgun is legal or not. Much like the rest of you, my entire collection is "illegal" in a year, just wanna figure out what I can keep if I stay in this state.
    "Give a guy a gun, he thinks he's Superman. Give him two and he thinks he's God." - Hardboiled

  7. #7
    Private
    Join Date
    Aug 2011
    Location
    Fairport
    Posts
    2

    Default

    From what I read, and perhaps in their haste they missed this little detail, it looks as though a thumb-hole stock makes a semi-auto shotgun a banned "assault weapon" but there is no indication that a pistol grip shotgun is banned. I know that there are alot of self defense shotguns that are now banned as a result, that's for sure.

  8. #8
    Corporal beefwellington's Avatar
    Join Date
    Mar 2012
    Location
    Rochester
    Age
    25
    Posts
    115

    Default

    As posted in another thread, here is the NY State Police banned weapons list:

    New York State SAFE Act

    List of Banned Semiautomatic shotguns:

    • Franchi SPAS 12 and LAW 12
    • Striker 12
    • The Streetsweeper type S/S Inc. SS/12
    • Saiga semi-automatic shotgun
    • HIGH STANDARD MODEL 10 SERIES B POLICE SHOTGUN 12GA
    • FN Herstal SLP MK1 TACT
    • Benelli M-2 Tactical
    • CHARLES DALY Tactical
    • Remington 81059 Versa Max Tactical
    • Remington Model 81404 Tactical
    • SRM Tactical Semi-Auto Shotgun
    • RAAC MKA1919 SEMI AUTO
    • Remington Model 1100 TACTICAL




    So a Benelli M2 Tactical is banned, but not a Benelli M4? Would anyone have some insight as to why an M2 is banned but not an M4?
    "Give a guy a gun, he thinks he's Superman. Give him two and he thinks he's God." - Hardboiled

  9. #9
    Captain NewYorker's Avatar
    Join Date
    Feb 2010
    Location
    Onon
    Posts
    571

    Default

    It doesn't have the word "tactical" in its name?

  10. #10
    Captain Rustrtal's Avatar
    Join Date
    Jan 2012
    Location
    A Dark & Unsanitary Place, A.K.A. NY State
    Age
    37
    Posts
    791

    Default

    Because a Benelli with a pistol grip is so much more dealy than the same gun without one. They claim common sense but where do I go to find it?
    Catfish787 likes this.
    Clinging to Guns, Religion and other Extremist Rights Guaranteed by the Constitution.

  11. #11
    Major Catfish787's Avatar
    Join Date
    Apr 2012
    Location
    Chemung County
    Posts
    1,904

    Default

    Quote Originally Posted by Chicken Shoot View Post
    Illegal .... no ... not illegal ..... is it now considered an assault weapon?? YES!! Yes it is which means that it's gonna cost you more to register that weapon. Oh ... and you can't sell it either .... this legislation basically is a wait and grab law!! You either turn it in, sell to a gun shop or pay the high registration fee!! But hey ... on a good note you have one year to register it and after that if you're caught with it UNREGISTERED you'll be charged with a misdemeanor of not registering the weapon AND a class D or E felony of illegal possession of a weapon. Welcome to NY!!!!

    About a year from now, there is going to be a lot of chaos as former law abiding citizens start to be charged with felonies, lose their jobs, and everything they have ever worked for.
    Chicken Shoot likes this.

  12. #12
    Not so Super Moderator Chicken Shoot's Avatar
    Join Date
    Jan 2012
    Location
    Saratoga County
    Posts
    8,225

    Default

    Quote Originally Posted by beefwellington View Post
    As posted in another thread, here is the NY State Police banned weapons list:

    New York State SAFE Act

    List of Banned Semiautomatic shotguns:

    • Franchi SPAS 12 and LAW 12
    • Striker 12
    • The Streetsweeper type S/S Inc. SS/12
    • Saiga semi-automatic shotgun
    • HIGH STANDARD MODEL 10 SERIES B POLICE SHOTGUN 12GA
    • FN Herstal SLP MK1 TACT
    • Benelli M-2 Tactical
    • CHARLES DALY Tactical
    • Remington 81059 Versa Max Tactical
    • Remington Model 81404 Tactical
    • SRM Tactical Semi-Auto Shotgun
    • RAAC MKA1919 SEMI AUTO
    • Remington Model 1100 TACTICAL




    So a Benelli M2 Tactical is banned, but not a Benelli M4? Would anyone have some insight as to why an M2 is banned but not an M4?

    Does the M4 have a pistol grip? Is it semi auto? Does it hold more than 5rds in a tubular magazine or accept a detachable mag? Does it have a thumb through stock? The answer is yes ... the M4 is an assault weapon as defined in the new law. The M2 got it immediately BECAUSE it holds more than 5rds and it carried the word "tactical" in the name, that's a no no and of course any other model like the M2 (M4 included) is a "bad gun". I'm on your side ... I don't own ANYTHING that is even high power!!! I have .22's and a couple of ANTIQUE guns which are exempt, BUT three of my .22's are NOW assault rifles.
    RPD46

  13. #13
    Private
    Join Date
    Dec 2012
    Location
    Saratoga Cty, Greenfield Center
    Posts
    86

    Default

    Cool, I have the M3 Super 90 with pistol grip.. I guess I'm good to go!

  14. #14
    Corporal
    Join Date
    Mar 2012
    Location
    Williamson
    Posts
    239

    Default

    The list isn't necessarily correct, nor is it close to complete.

    the only guns that are "assault weapons" are the ones detailed by the features in the law, the list is fluff for the masses.
    demerson likes this.
    NRA - EPL
    SAF
    GOA
    NYSRPA
    SCOPE

  15. #15
    Corporal
    Join Date
    Dec 2012
    Location
    Depew, ny
    Posts
    166

    Default

    I too am an M4 owner and am trying to figure out the law in regards to it. The way I read the new law it does appear they left off pistol grip and the gun should be legal. If I'm wrong my plan is to but a standard non pistol grip stock, unless of course the SP list it by name. The reality is I don't think anybody has a clue what is going to include the SP. I mean they have what one or two pump shotguns on their list of semi-autos. That to me does not look good for the future of the enforcement of this law. If the people who are supposed to enforce the law don't know the difference between a pump and a semi we all might be in for a bumpy ride.

Similar Threads

  1. semi auto shotguns and hr1422
    By thecelt in forum Laws and Politics - Firearms/Self Defense/Weapons
    Replies: 3
    Last Post: 01-05-2013, 08:17 PM
  2. Is it legal to own a semi auto preban AK -47 in New York?
    By HappyCamper in forum Laws and Politics - Firearms/Self Defense/Weapons
    Replies: 6
    Last Post: 01-30-2012, 03:17 PM
  3. M1919 Semi-Auto NY Legal?
    By bootlegcivic in forum Rifles
    Replies: 7
    Last Post: 03-10-2011, 11:40 AM
  4. Have laws changed for pistol grip Shotguns?
    By SIG220C in forum Shotguns
    Replies: 32
    Last Post: 03-13-2009, 02:07 PM
  5. Pistol Grip shotguns in NYS
    By triggerhappy2006 in forum Laws and Politics - Firearms/Self Defense/Weapons
    Replies: 16
    Last Post: 12-14-2008, 05:56 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •