New York Assault Weapon Law

[TonyRumore 1,329]

I continue to get questions regarding NY assault weapons law when guys are asking to have work done. I have read over the New York regs and here is what it says. (I omitted the sections regarding rifles and pistols)

 

Article 265.00 - Definitions

22b. "Assualt Weapon" means a semiautomatic shotgun that has at least two of

the following:

i. folding or telescoping stock.

ii. pistol grip

iii. fixed mag over 5 rounds

iv. detachable magazine.

 

22e. provided however, that such term does not include:

iii. a semiautomatic shotgun that cannot hold more than five rounds in a

fixed or detachable magazine.

v. a semiautomatic shotgun lawfully possessed prior to September 13,

1994.

 

So... my take on it is that if you want to use 8 or 10 round magazines, then

you can't have a pistol grip or folding stock on the gun. If you use only 5

round magazines, then it is exempt from Assault Weapon status per 22e, iii

 

Any opinions on this?

 

Tony

[Nysaigaowner 0]

NY here, and yes the laws are retarded. I've been over this question a few times myself and this is what i've found. We are only allowed to have the saiga shotguns in regular stock form and 5 rd mags only. No folding stock, no pistolgrip. no mags over 5 rds. I always thought that the AWB laws were what you stated but with only 1 evil feature. you can have 2 for rifles. hope this helps

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[Garys4598 1,065]

.... One would think Bvamp would "chime in" on this topic.

 

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[TonyRumore 1,329]

As far as 22e, iii goes in regards to detachable mag shotguns.....exactly which shotguns does this clause pertain to? It seems odd they would throw something in like that if it only pertains to Browning BAR's that are converted from deer rifles to 12ga......... (for those that don't know, the BAR has a detachable magazine, but is held in with trap door hinged off the bottom of the receiver)

 

Tony

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[Bvamp 604]

You cannot even put the PG on the saiga shotguns because the gun CAN ACCEPT a magazine greater than 5 rounds. just because we cannot bring the post 1994 made magazines in state does NOT mean that the saiga shotgun CANNOT ACCEPT a mag in excess of 5 rounds. cant have the mags OR convert to PG. you may however, with your FFL, be able to do LEO sales to departments themselves. according to my research in the past (which I can see from the posts below I have to do all over again), saiga RIFLES can be converted.

 

if there were never a mag made for the saiga shotgun in excess of 5 rounds commercially or privately, it couldnt accept a mag in excess of....blah blah and then nothing. they make them.

 

its a pretty stupid law.

 

because the mags are made post 1994, you cannot bring a saiga shotgun mag in excess of 5 rounds into the state. that is in a different section of 265 as well as a totally different section of the penal code, and is a grey area cross reference, with the mag issue.

 

Tony, it applies to ALL semiautomatic shotguns not possessed before 1994. It is a blanket law, for lack of a better term.

[Mudsock 0]

I interperate that the Saiga-12 becomes an assault weapon if it has:

 

iii Pistol Grip

 

iv Detactable Mag

 

God Bless North Carolina!!!

Edited June 2, 2007 by Mudsock

[Juggernaut 11,054]

Hell, I hear they won't even let the kids in little league use metal bats in New York....

Kinda got crazy laws about....... everything.

[nycGUNguy 61]

I find it strange that Gander Mountain can sell semiauto 8rd tactical shotguns with pistol grips right next to the $1700 SOCOM M1As and Bushmaster AR-15s but we aren't allowed to possess the Saiga-12 with a PG conversion.

 

That is the reason I take my pics out.

 

nyclu3

[Bvamp 604]

not one AR in gander mountain has the AR15 designation, because APPARANTLY it has nothing to do with the actual meaning "armalite rifle" designation, and the AR actually means in NY, "assualt rifle".

 

take a look the next time you go in there, NYers. yer gonna laugh. this is what happens when you scream no gun laws, and the liberal socialists pass thier laws that they wrote. even the public is oblivious. AR means assault rifle. I laughed so hard, I was almost in tears when they told me that one there. you know I had to correct them, right?

 

in other brand's cases, AR (like a berretta rifle), is AUTOMATIC RIFLE.

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[Bvamp 604]

you cant go find it yourself? Im not your lawyer, no offense....

 

...but I will go find Tony the information. its buried deep in some other bullshit if I recall. Ive seen it, Ill find it.

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[Bvamp 604]

and that is in there as well...

 

and it seems my tax dollars are well spent. the server is giving me "internal server error" messages. sites down.

 

ill find that one for you too. I know right where that is, actually, because someone else was like WTF when they heard that one, and I had to go do my homework AGAIN to PROVE to someone that cant do it themself its the truth.

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[Bvamp 604]

eck fucking scuse me? you caught me in just the right mood.

 

the definition in the penal code that you are quoting has shit to do with what I am looking at. I know the NY definitions just fine. why you are looking in there, I ahve no idea. its not a definition that I am referring to. Ill dig it up.

 

all I know is I cant do shit with the server that the laws are on being down. its 2am almost, and I really couldnt care if its my connection giving me the problem, or them.

 

Im done trying to figure out whats going on with the taxpayer's awesome laws server for tonight, and will see if you found your precious law that I dug up for you and a lot of others MANY times. go find the penalty for more than 19 guns on your property. paste it here. its plain as day. Ill give you a hint. criminal possession of a weapon.

 

if you cant search that up with that exact phrase, and then read everywhere you hit it, and STILL not find the 19 gun limit you seem to think isnt there when Ive showed it to everyone (ask indyarms, he was pissed when he read it, hell I was pissed the first FIVE times I read that bullshit, but its not in there according to you, anyway, so we all just imagined that we read that part that was loud and clear.) you are wasting my fucking time, aardvark. I suggest you cut that holier than thou attitude with me, is my advice. It got old listening to people talking like that YEARS ago here.

 

no 19 gun limit without an ffl in NY? LOL, look harder.

 

this isnt answering tony's question however, and Im going to attempt to do that tomorrow for him. its a crossreference somewhere and it isnt easy to find, is all I know. Its irritating to me that I have to go find all that shit over again, but its TonyRumore we are talking about here, so Ill make an exception. I ahve no idea where that friggin reference was, but I read it, and Im sure I can find it again, if I take my time and find this other section.

 

while I am doing that you can do this for ME aardbark:

 

find me the full definition of a "dangerous knife" in new york law, not just the reference to them. that is one that I never managed to locate the actual definition of. that is somewhere ELSE too, although the 19 gun limit is right in the same document you are quoting out of above. surprising you cant find it. like i said, look under the different criminal possession of a weapon laws.

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[twinhairdryers 2]

I continue to get questions regarding NY assault weapons law when guys are asking to have work done. I have read over the New York regs and here is what it says. (I omitted the sections regarding rifles and pistols)

 

Article 265.00 - Definitions

22b. "Assualt Weapon" means a semiautomatic shotgun that has at least two of

the following:

i. folding or telescoping stock.

ii. pistol grip

iii. fixed mag over 5 rounds

iv. detachable magazine.

 

22e. provided however, that such term does not include:

iii. a semiautomatic shotgun that cannot hold more than five rounds in a

fixed or detachable magazine.

v. a semiautomatic shotgun lawfully possessed prior to September 13,

1994.

 

So... my take on it is that if you want to use 8 or 10 round magazines, then

you can't have a pistol grip or folding stock on the gun. If you use only 5

round magazines, then it is exempt from Assault Weapon status per 22e, iii

 

Any opinions on this?

 

Tony

 

 

Tony - if you actually have time to try to equate NYC to gun laws to shotguns to logical conclusions you must have a lot of time on your hands and must be caught up with the 4 pallets of conversions.

 

NYC+The Communist State of California+Logical Understanding of BATF = ????????

 

nice try, but crack another old mil and ponder the freedom you have in your non foreign gun law state............

 

If I were Tony, I would program my Tromix phone system to dump any area code coming from California or New York to a recorded loop of all the democratic public speaking mishaps describing what an assault weapon is. There is a 2 hour reel of it somewhere on the internet. They have dems in congress referring to 38 snubbies as assault weapons. Those actually issued to NYC LEO for a decade or so for BUGs or primary service.

Edited June 2, 2007 by twinhairdryers

[Bvamp 604]

[44rdv4rk 0]

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Edited June 11, 2007 by 44rdv4rk

[inparidel 4]

Not for nothin', as we used to say in NYC when I was growing up there, and now as a lawyer, how can any State in the US retroactively claim 1994 as a date for a new law. That is an ex post facto law, and unconstitutional and, therefore illegal. Someone is making a mistake here.

[Bvamp 604]

no, no, no.

 

ask indyarms about the day I showed him the state legislature based page on the 19 guns.

 

that is somehow gone from the criminal possession sections of 265. he saw it. I KNOW he will remember seeing it.

 

i dont think they would be taking that out of there....and there also are a few other # changes in a few other areas.

 

when I have the patience, I am going to sit down and look through the past bills and whatnot and find out if there indeed WERE changes that none of us heard about. I WOULD HAVE HEARD if the 19 gun limit was changed or removed. I know a guy that had the charge pressed on him after a disorderly disturbance with his wife at home when they discovered 65 guns in his house, that were his father's entire collection and were handed down to him. they all are still sitting in police lockup, or have been long since destroyed, auctioned, or borrowed. Almost 1/2 the guns were antiques AT THE TIME they took them, as well, and are highly collectible types like winchesters an original henry rifle, etc etc.

 

I KNOW that is in there, and its gone from where it was....my question is WHERE DID THEY PUT IT.

 

 

 

 

ANYWAY, I had left my NY legal searches behind after trying to determine about shotgun mags and capacity if it were a legally parted gun in sporting configuration, and life caught up to me.

 

I DO know from many telephone calls to various people in the know in NY, that you cannot pistol grip a saiga 12. you CAN pistol grip the rifles, so long as they meet "post ban" NY law, however. using post ban mags in excess of ten rounds (for some reason the law was telling me it mysteriously changed to FIVE rounds for all guns, which is OBVIOUSLY a glitch and I want to know how it got in there) in one is a no-no in NY, as it was explianed to me, however.

 

the laws BEFORE were written to be inclusive, and it seems that some of them have changed mysteriously to me. maybe someone else has heard of 265 changes in NY? cause I SURE havent.

[GTwannabe 1]

Tony,

 

You can use the following exemption to legally pistol-grip a Saiga shotgun in NY:

 

22e. provided however, that such term does not include:

iii. a semiautomatic shotgun that cannot hold more than five rounds in a

fixed or detachable magazine.

 

However, you would have to permanently modify the receiver so that the gun cannot accept factory magazines. Perhaps weld a tab into the magazine slot and cut a corresponding notch into the top of a 5 round mag. That way, you can only attach the keyed 5-rounders to the gun.

[mike12345 18]

I was going to sell a saiga to a friend stationed here in NY, hes going to pcs to hawaii.

 

The laws are very gay the dealer I was talking to dident even know if it was legal.

 

I guess I cant sell it to him because it has a pistol grip... Its got fixed stocks and a I was only going to have 5rd mags with it. I thought it would be good like that but I guess not.

Edited June 6, 2007 by mike123456

[Cobra 76 two 2,677]

I interperate that the Saiga-12 becomes an assault weapon if it has:

 

iii Pistol Grip

 

iv Detactable Mag

 

God Bless North Carolina!!!

AMEN!!!

 

Damn I don't see how people in NY can stand that place!

[Bvamp 604]

why do you think NYers are generally so nasty? we can just BARELY stand it.

[Cobra 76 two 2,677]

It also helps explain why there so many NYers streaming in here every year. No offense but it's like mexicans..lol. One moves down here then the next thing you know all their family and freinds are following right along.

[Bvamp 604]

you should see the people that are displacing people like me. youd REALLY be mad if those types were invading your area....