Search results

Maybe a few midnight basketball leagues would help the situation Sent from my SM-G900V using Tapatalk

Yeah that's pretty much my thought process Sent from my SM-G900V using Tapatalk

I was trying to think through how you could have an aow, without first being in possesion of a pistol in ny. Either way, I think I found the reason for our vastly different opinions, according to your profile your from orange county, I live in genesee county, things are different out here. For...

Maybe you should go back to the beginning of the thread and reread the whole thread. Even Willjr75 agrees that the resulting gun wouldn't be a pistol, and there for not a "firearm" per nys law. He just says you will be arrested and convicted regardless. Sent from my SM-G900V using Tapatalk

No the link points out exactly the opposite of what you claimed. You claimed adding a foregrip can not change the definition of a gun. The pdf shows that adding a fore grip does in fact change the classification of a gun, and if certain steps aren't followed you can break nfa law in the process...

I'm not going to bet on some ones misfortune, one could argue that no one getting arrested for this type of gun, could be proof that it is legal. Also as to your claim that simply adding a foregrip to a pistol can not change its classification, take a look at this. It might be informative...

Bullet Guy beat me to it, but it does, it really does. You saying it doesn't, doesn't mean anything. Unless you paid your 200$ tax to manufacture an aow, it turns your pistol into a violation of the national firearms act. That is unless your pistol is large enough then it just becomes an...

That was in regards to the forward grip on a glock, although I guess if you did an 80% frame, but attached the forward grip before you put the slide on, the same could be applied. Although then it wouldn't be a glock either. Sent from my SM-G900V using Tapatalk

All the posts saying you will be convicted, and the arguement won't mean anything in court confirm it. You also claim that a fixed magazine is good to go while this is not, even though there is no law or precedent showing what method or process would legally be considered non-removeable. All...

They might or the might not, but considering you argued that it wasn't legal, and would still legally considered a pistol in court, you weren't arguing that it could get you arrested, you argued it wasn't legal. Sent from my SM-G900V using Tapatalk

I never said you couldn't be charged, but lots of innocent people get charged with crimes. If cops where the final arbiter of the law we wouldn't have to spend so much money on lawyers, judges building courts, having trials,etc Sent from my SM-G900V using Tapatalk

This is where an ounce of prevention is worth a pound of cure. If I where taking a gun like this out and about, I would sure as hell have copies of the pertain sections of laws and atf letters on hand. It's no garuntee, but it could help save you a very big headache. Sent from my SM-G900V using...

Not sure if you know this, but at a bare minimum the atf says you are wrong. Sent from my SM-G900V using Tapatalk

Just want to add, if your going to go down this line of thinking, what happens when the cops throws 2lbs of coca in in your trunk. If it comes to the point of a dirty cop manufacturing evidence to use against you, all bets are off. Sent from my SM-G900V using Tapatalk

No, I do not agree that fear is a good reason not to exercise what few gun rights we have left in this state. We have been shit on constantly from left wing politicians and activist judges, I am not going to roll over and volunteer not to exercise even more of my rights out of fear. I added...

Good question. And I don't have an answer for that, but perhaps they turn him over to the feds and let them sort it out. Although unless it came from the factory with a second grip, it would have to have been a pistol at some point. There fore a person's possesion of it, within the state of...

Jesus christ, no. Nys penal code defines "firearm", if you are charged under one of the provisions of nys Pl 265, the state must prove that you where in possesion of a firearm as defined in Pl 256.00.3. The fact that every gun, and even bare receivers is considered a firearm per federal law...

Do now your fall back position is that every gun is illegal in ny. That makes a lot of sense. I'm all for having an intelligent debate but this isn't turning out to be one. Nys penal code defines "firearm", we both agree to that. For purposes of nys penal code, that is the only definition that...

Jesus this again. Now who is going in circles. Because nys provides a definition of "firearm" within the penal code, that is more restictive then the federal definition, the definition provided within the nys penal code is used. You would only fall back to the federal definition of a word or...

You don't have to prove anything, you just have to provide a reason for the jury to doubt what the prosecutor is saying. When the prosecutor says the gun is a pistol, with nothing to fall back on, and you say it's not a pistol and point to codified federal law that says it isnt, there will be...

You are missing the point. I am not arguing that I would have to convince them to use the federal definition of a pistol, I am stating that they do use it. I wouldn't have to prove anything, they would have to prove that it is a pistol. With no definition of "pistol" in nys law, what will they...

It's not really go in a circle when you choose to ignore the question that is at the heart of the issue. You have continued to bring up irrelevant topics, and dragged what was a pretty straight forward question in a bunch of different directions. The definition of a pistol is the only thing...

No, new York does not do what ever it likes. Ny will try and apply the law (often in a situational manner) to get the outcome that it wants, but that is a far stretching from doing what ever it likes. If ny did what ever it liked, the state police would be going door to door confiscating guns...

Nys used a legal definition found within the penal code to determine that the mares leg was a rifle with a barrel length less then 16" and banned it as a short barreled rifle. What definition would be used to make the determination that the xo-26 is a pistol. Nys claims (rightly or wrongly...

The mars leg was found meet the definition found within state law of a banned firearm. Under what definition would the xo-26 fall to be considered a pistol by the state of ny? Sent from my SM-G900V using Tapatalk

Yes, but it is banned as a short barreled rifle. Short barreled rifle is defined within the nys penal code, so this arguement doesn't really have anything to do with using the federal definition of pistol because nys failed to provide one. Back to my question. If nys does not use the federal...

From what I recall and what a quick Google search showed, you are wrong on all counts, but I haven't looked the the mares leg that much. What I found is that the mares leg is a pistol under federal law, but nys considers it to be a short barreled rifle. Short barreled rifle is defined in the...

If the federal definition is not used why are either of those guns considered pistols? Sent from my SM-G900V using Tapatalk

Either you homemade desert eagle, or home made glock would fit the federal definition of pistol. That is exactly what I am asserting, that because ny fails to define "pistol" we revert to the federal definition. In that case your desert eagle or glock meet the definition while the xo-26 does...

If nys is not relying on the federal definition of pistol, why then does it consider a glock to be a pistol at all? If they aren't relaying on the federal definition of the word, then what definition of pistol are they using that the glock falls into? Sent from my SM-G900V using Tapatalk

No there is not definition of a pistol in an Assault weapon configuration. The law says if it is a pistol, and has one of the listed features, it is an assault weapon. If the gun in question is not a pistol, it can not be an assault weapon. To prove you were in possesion of an assault weapon...

What definition of a pistol are you referring to? I can tell you it isn't the definition found in the nys penal code. Pistol is never defined in the nys penal code, if it was this would be very clear cut, it would either meet that definition or it wouldnt. Sent from my SM-G900V using Tapatalk

I might not have been clear, at 40$ a piece I am not going to be buying these in any large quantity more likely 1 if any. If I only have one, each time I want to load the rifle, I need to load the loader and then use the loader to load the rifle. Is that really any faster then popping the rear...

If these were priced around 10 or maybe even 15$ (approx the cost of a magazine) these could have been a real win for people with fixed mag rifles. At 40$ each, the cost is just to high to use them in lieu of stripper clips. Given that it now means you have a step process to load your gun, it...

This really comes down to one of two things. If he was drinking and driving, he opens himself up to special notice from the cops, doing so with illegal standard capacity magazines makes a dumb idea even dumber. If on the other hand he was working and was stone sober, getting into a pissing...

I did one and just had the stripped lower put on my permit. A stripped lower is compliant since there are no parts to make it semi-auto. Then I assembled it at home. The county clerk didn't ask any questions about compliance. That was monroe county, so your mileage may vary. Sent from my...

First of all an 80% receiver is not a firearm, that is why you can mail order them direct to your door without going through a dealer. Check out the atf documentation here Are “80%” or “unfinished” receivers illegal? | Bureau of Alcohol, Tobacco, Firearms and Explosives That means it's not a...

I totally get it, I was just curious what your stance was as an FFL

it isn't a pistol because of the over all length, and because it is not designed to be fired with one hand. I poked around a little bit and found the ATF letter to franklin arsenal regarding the xo-26. I'll attach it here.

It isn't the same gun, just another example of a not rifle, not shotgun, not pistol.

Yes, but according the the ATF it isn't a pistol. Thats why I was asking. According to the atf it isn't a pistol, rifle, or a shotgun.

Because it doesn't have a fixed magazine, it has a standard detachable magazine.

I'm curious, would you transfer the franklin arsenal xo-26? As it comes from the factory, (flash hider, pistol grip, detachable magazine)

I'm pretty sure she was arrested, charged and indicted under provisions of the safe act, but now is pleading guilty to a lesser crime that was on the books pre safe act, so she isn't guilty of violating the safe act Sent from my SM-G900V using Tapatalk

Try again, straight from franklin armory Sent from my SM-G900V using Tapatalk

Small correction, it's not a pistol because it is over 26" long, so it's to long to conceal. That means it can have a vertical grip without becoming an AOW like if you put a vertical grip on a pistol. Sent from my SM-G900V using Tapatalk

I can't find anything in the law that prohibits it, can you? Sent from my SM-G900V using Tapatalk

No they don't sell them as shotguns. They sell them correctly as other. Just because a given gun doesn't meet the nys definition of firearm doesn't mean you can buy them without a dealer. Every rifle and shotgun that gets sold is sold at a dealer, but none of them are considered "firearms"...

I'm not aware of any gun related charge they could bring against you, but if nothing else "disturbing the peace" and "disorderly conduct" are always good catch all I'm sure they would be happy to use. Sent from my SM-G900V using Tapatalk

Unless there is a state law that prohibits carrying a gun into a post office, it would be a violation of federal law, and there for the federal definition of firearm would apply, and any charges filed would be federal charges. It's pretty straight forward, if you are dealing with nys law, use...