warrendee
.38 Special
i have a friend visiiting fron Montana, wants to bring his full featureAR 15 and we want to shoot it. question 2. can he loan it to me if I want to take it to the range. TUA
I agree, tell him to leave it at home, more of a hassle than it’s worth. He would be charged with a felony if caught with it in standard configuration.
If he’s adamant about brining he could make it nys compliment prior to coming by making it fixed mag with something like this:
SAFEMOD Mag Lock Button
This mag button will modify your AR15 to no longer accept a detachable magazine and permanently affix an AR15 magazine in place. It works by preventing the button from being depressed once the magazine is inserted into the rifle.www.allstartactical.com
Would need to top load or buy side loaders.
Bear Flag Defense BF-10 Loader
The BF-10 from Bear Flag Defense is a loading device used for reloading an AR-15's magazine while it is still in the firearm. This product goes great with out SAFEMOD mag button, which locks the magazine in place, permanently affixing the magazine for NY or CA compliance.www.allstartactical.com
Or jerseyBringing a perfectly legal gun in a free state to the PRNY is a terrible idea.
If he is adamant on it, buy a 10round mag, and a mag lock and install it before you cross the state line
I would find different ranges to go to.Even if he did bring it, its been my experience that ranges I've been to require all AR'S to NYS Safe act compliant, so it would be a non starter to begin with.
As others have said, either fix a 10-rounder (or 5-rounder if you or the range is in Rochester, NYC and possibly a few other cities) or have him leave it at home.
I would also add that he can't "loan it to (you) to take it to the range," especially if it's not compliant. It's illegal, either way, but if you were caught with a non-compliant rifle that you didn't register back before the original deadline (which obviously you didn't, since it's not yours), you're screwed. I suppose (and I'm definitely not recommending this), if it were compliant, then you could say it's yours. As long as you're not a convicted felon, who shouldn't have it, there wouldn't be a way for them to determine that it's not.
1) the issue of who has possession for the sake of avoiding a felony will only make the entire situation worse IMO as it would only make the potential prosecution more steadfast in seeking a conviction. Simplicity in a story tends to breed truth, as humans are truly simple creatures, and complexity could be viewed as lying, making a DA want to dig deeper.....which nearly never works out for anyone suspected in a crime, let alone a felony.
2) regarding Rochester ( unless and possibly if there is more than 1 in NY) Rochester in the finger lakes region has no additions to the Safe act ( still a 10 round magazine capacity limit, not 5 rounds). Regardless of it all, I wouldn't modify any firearm to be compliant for a quick vacation to another state to only have to modify it again upon return. You already own one, share with a friend....easy peasy.
Not sure what you mean in #1. The OP asked "can he loan it to me if I want to take it to the range," suggesting that they wouldn't be going together ("I want to take it to the range" as opposed to "when we go to the range.") In which case, it's illegal whether compliant or not. My additional point was simply that they can verify that the OP did not register it as AW in NY before the deadline, so he'd be really screwed if it weren't compliant. Conversely, if it were compliant, then they have no way of refuting it, were he to say that it was his (not borrowed from a friend, unless they ran his name and found out he was a felon who shouldn't have it.
On #2, the City of Rochester Code prohibits possessing "ammunition feeding devices" which are defined as "Magazines, belts, feedstrips, drums or clips capable of being attached to or utilized with any center-fire rifle, shotgun or pistol which employs the force of the expanding gases from a discharging cartridge to chamber a fresh round after each single pull of the trigger which, in the case of a rifle or shotgun holds in excess of five cartridges, or in the case of a pistol holds in excess of 17 cartridges. It also defines an "assault weapon" as "Any center-fire rifle or shotgun which employs the force of the expanding gases from a discharging cartridge to chamber a fresh round after each single pull of the trigger, and which is loaded or capable of being loaded with a combination of more than six cartridges in the ammunition feeding device and chamber combined. For the purposes of this section, a weapon is capable of being loaded if it is possessed by one who, at the same time, possesses: (a) In the case of a rifle, a fixed or detachable ammunition feeding device which is attached to or utilized with or capable of being attached to or utilized with such rifle and which has a capacity of more than five cartridges.
Note: That applies only to semiautomatic center-fire rifles.
Are you suggesting subjects of new yorkistan cannot lend one another compliant rifles?
Because I'm pretty sure that's incorrect.
If in regards to my post.....hell even I forgot LOL. But no, borrowing a compliant rifle is completely legal.
Not sure what you mean in #1. The OP asked "can he loan it to me if I want to take it to the range," suggesting that they wouldn't be going together ("I want to take it to the range" as opposed to "when we go to the range.") In which case, it's illegal whether compliant or not. My additional point was simply that they can verify that the OP did not register it as AW in NY before the deadline, so he'd be really screwed if it weren't compliant. Conversely, if it were compliant, then they have no way of refuting it, were he to say that it was his (not borrowed from a friend, unless they ran his name and found out he was a felon who shouldn't have it.
On #2, the City of Rochester Code prohibits possessing "ammunition feeding devices" which are defined as "Magazines, belts, feedstrips, drums or clips capable of being attached to or utilized with any center-fire rifle, shotgun or pistol which employs the force of the expanding gases from a discharging cartridge to chamber a fresh round after each single pull of the trigger which, in the case of a rifle or shotgun holds in excess of five cartridges, or in the case of a pistol holds in excess of 17 cartridges. It also defines an "assault weapon" as "Any center-fire rifle or shotgun which employs the force of the expanding gases from a discharging cartridge to chamber a fresh round after each single pull of the trigger, and which is loaded or capable of being loaded with a combination of more than six cartridges in the ammunition feeding device and chamber combined. For the purposes of this section, a weapon is capable of being loaded if it is possessed by one who, at the same time, possesses: (a) In the case of a rifle, a fixed or detachable ammunition feeding device which is attached to or utilized with or capable of being attached to or utilized with such rifle and which has a capacity of more than five cartridges.
Note: That applies only to semiautomatic center-fire rifles.
Are you suggesting subjects of new yorkistan cannot lend one another compliant rifles?
Because I'm pretty sure that's incorrect.
I usually don't post something without double-checking it, but admittedly did so in this case. Thought that was part of NYSafe. Searching on it, I'm still not convinced either way (there are arguments suggesting that lending -- not just letting someone you're with use it -- may fall under "transfer" or "dispose" based on language in state and federal law.) Regardless, if it's compliant, then unless you're actually being arrested for something else, you could just say you own it and, unless you are a felon, they wouldn't be able to refute that, anyway. So, for that, it's mute. However, if it is non-compliant, meaning that a NY owner would have had to register it, then being caught with it would be seriously problematic.If in regards to my post.....hell even I forgot LOL. But no, borrowing a compliant rifle is completely legal.
#2 I was unaware of, but alas "ignorance of the law is no excuse ".
Thankfully I dont live in the city.
Yeah, it's a pain. I thought about buying a .22 WMR AR upper because it's rimfire, which would allow 10-round mags. Unfortunately, the people at Ray-Vin have retired.Damn... Rochester went REALLY hardcore...! Glad I don't live there... :-/
I usually don't post something without double-checking it, but admittedly did so in this case. Thought that was part of NYSafe. Searching on it, I'm still not convinced either way (there are arguments suggesting that lending -- not just letting someone you're with use it -- may fall under "transfer" or "dispose" based on language in state and federal law.) Regardless, if it's compliant, then unless you're actually being arrested for something else, you could just say you own it and, unless you are a felon, they wouldn't be able to refute that, anyway. So, for that, it's mute. However, if it is non-compliant, meaning that a NY owner would have had to register it, then being caught with it would be seriously problematic.