Had a discrepancy with a gentleman about the status of said piece at recent gun show. Whats the opinion of the board ? , I told him it was n/g in monkeyface's unsafe-istan.
This was my original thought.
Semi with detachable mag & lug = unsafe AW.
Then the 50 yr. old and still eligible to be registered opinion got me confused.
I am basing my opinion on this:
"Curios and relics may still be legally purchased and brought into the State but they must be registered within 30 days of their transfer into New York. The restrictions on transfers, applicable to Assault Weapons, do not apply to relics or curios."
from this: http://www.nypdcea.org/pdfs/nysp_safe_act_field_guide.pdf
Anyone who lawfully possessed a weapon on or before January 15, 2013, that has been redefined as an Assault Weapon by the Act, may keep that weapon provided the person registers the weapon by April 15, 2014. The registration process is a quick, simple and free procedure that can be conducted over the Internet. The web site is OWASP CSRFGuard Project - New Token Landing Page .. you can only update a registered aw from what i read ..
It's strange, the law allows magazines to be registered at any time. While it calls out 50 year old can not be "assault weapons" it also throws in the "as long as they are registered" but doesn't provide the clause to say they can be registered at any time like they do for magazines
NYS PEN 265
22. "Assault weapon" means
(a) a semiautomatic rifle that has an ability to accept a detachable
.
.
blah blah blah assault weapon def's
.
.
(here are the guns that DO NOT fit the assault weapon def.
(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
thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;
(h) Any weapon defined in paragraph (e) or (f) of this subdivision and
any large capacity ammunition feeding device that was legally possessed
by an individual prior to the enactment of the chapter of the laws of
two thousand thirteen which added this paragraph, may only be sold to,
exchanged with or disposed of to a purchaser authorized to possess such
weapons or to an individual or entity outside of the state provided that
any such transfer to an individual or entity outside of the state must
be reported to the entity wherein the weapon is registered within
seventy-two hours of such transfer. An individual who transfers any such
weapon or large capacity ammunition device to an individual inside New
York state or without complying with the provisions of this paragraph
shall be guilty of a class A misdemeanor unless such large capacity
ammunition feeding device, the possession of which is made illegal by
the chapter of the laws of two thousand thirteen which added this
paragraph, is transferred within one year of the effective date of the
chapter of the laws of two thousand thirteen which added this paragraph.
23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, that (a) has a capacity of, or that
can be readily restored or converted to accept, more than ten rounds of
ammunition, or * (b) contains more than seven rounds of ammunition, or
(c) is obtained after the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision and has a capacity
of, or that can be readily restored or converted to accept, more than
seven rounds of ammunition
* NB Suspended and NOT Effective per ch 1/2013 S 58, as amended by ch
57/2013 Pt. FF S 4
; provided, however, that such term does not include an attached
tubular device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition or a feeding device that is a curio or
relic. A feeding device that is a curio or relic is defined as a device
that (i) was manufactured at least fifty years prior to the current
date, (ii) is only capable of being used exclusively in a firearm,
rifle, or shotgun that was manufactured at least fifty years prior to
the current date, but not including replicas thereof, (iii) is possessed
by an individual who is not prohibited by state or federal law from
possessing a firearm and (iv) is registered with the division of state
police pursuant to subdivision sixteen-a of section 400.00 of this
chapter, except such feeding devices transferred into the state may be
registered at any time, provided they are registered within thirty days
of their transfer into the state. Notwithstanding paragraph (h) of
subdivision twenty-two of this section, such feeding devices may be
transferred provided that such transfer shall be subject to the
provisions of section 400.03 of this chapter including the check
required to be conducted pursuant to such section.
Nevermind, NYS PEN 600 says any weapons that fits the def. posted above ( 50 years old) can be registered at any time
16-a. Registration. (a) An owner of a weapon defined in paragraph (e) or (f) of subdivision twenty-two of section 265.00 of this chapter, possessed before the date of the effective date of the chapter of the laws of two thousand thirteen which added this paragraph, must make an application to register such weapon with the superintendent of state police, in the manner provided by the superintendent, or by amending a license issued pursuant to this section within one year of the effective date of this subdivision except any weapon defined under subparagraph (vi) of paragraph (g) of subdivision twenty-two of section 265.00 of this chapter transferred into the state may be registered at any time, provided such weapons are registered within thirty days of their transfer into the state.
Thanks for all the replies and legwork on this question. Obviously the lug less M1 carbine will be a bit easier to legally obtain in PRNY , of course it is a much less common piece to find. wtf. FUAC