Laws of New York

Cleck · Sep 10, 2016

You might wanna sticky this. Don't wanna bury it

C3D · Sep 13, 2016

You might want to add Section 898 of the General Business Law, which is the universal background check requirement.

http://law.justia.com/codes/new-york/2012/gbs/article-39-ddd/898

pseudonymity · Sep 15, 2016

You might want to go into slightly more detail - Articles 35 (Justifications), 265 (Firearms and Deadly Weapons) and 400 (Firearms Licensing) are all part of the Penal Law (abbreviated PEN in the link above).
Articles 39-DD and 39-DDD covering sales, disposals, etc of guns is under the General Business Law (abbreviated GBS).
Article 9.46 of the Mental Hygiene Law (abbreviated MHY) covers reporting for health professionals that can lead to loss of 2A protections of your rights in NY.

shoot2much · Oct 4, 2016

§ 265.10 Manufacture, transport, disposition and defacement of weapons
and dangerous instruments and appliances.
1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony.

Am I misinterpreting this if I think this means that milling out an 80% lower, and if caught doing so/having done so, would result in a class D felony? If I am misinterpreting this, please tell me how.

FrankenCub · Oct 8, 2016

Does anyone have a PDF of the latest actual text of the Safe Act that could be added here?
It would be useful here as many people claim features have to be modified in a "permanent" means in order to be compliant, but I have yet to see any proof that "permanent" is stated in the law itself.

edit: this is the best I've come up with yet. I changed the font color corresponding to the "Assault Weapons" portion of the law. Nowhere is anything mentioned about being permanent. And it also doesn't say anything about modifying firearms to make them compliant.

edit2: however on the ny.gov site it does say

Q: If I modify my gun by removing all design characteristics that makes it an
assault weapon, do I have to register it?
A: No. If you modify your gun so that it is not an assault weapon, you do not have to register it. The modification must be permanent however. This includes, for example, removing the bayonet lug by cutting or grinding, grinding off the threads on the barrel, removing the foregrip so that it cannot be readily reattached, or any change that cannot be reversed through reasonable means.

But once again, this isn't in the law. As far as I know, I'm no lawyer, the Governor or LEOs can not alter what the law says. Their interpretation otherwise is null.

shoot2much · Oct 13, 2016

But their interpretation is what matters in the short term. Being pulled over, or otherwise confronted by a cop, can lead to many nights in a holding cell, some costly legal expenses, and hardship (not just financial) on your family.

JMUSMC2008 · Oct 15, 2016

Has anyone read "Firearms and Weapons Laws, Gun Control in New York" by Lee Thomas? Written by a retired NYS officer and an attorney. It got good reviews and sounds legitimate. I am looking for an electronic copy if anyone knows how to get one.

Deplorable Me · Aug 21, 2017

Unsafe Act for dummies:

ProgSpear · Aug 21, 2017

C3D said:
You might want to add Section 898 of the General Business Law, which is the universal background check requirement.

2012 New York Consolidated Laws :: GBS - General Business :: Article 39-DDD - (898) PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS :: 898 - Private sale or disposal of firearms, rifles and shotguns.

This one I was unaware of. I know this is somewhat of a zombie thread, but anything in this vein should be made common knowledge. If you read it carefully, this is where the state shields itself from any FOIL requests.

Committee on Open Government, Freedom of Information Law

Acer-m14 · Aug 22, 2017

don't forget the firework section i think its in .. i'd have to go get my book and look .. but on smoke and stink bombs .. yes you could get arrested for farting ..
releasing a obnoxious odor ..

masterswimmer · Aug 22, 2017

The link in the OP gets me to this:

404 - Processing Error, Please contact Programming.
prgname= NVMUO

Acer-m14 · Aug 22, 2017

masterswimmer said:
The link in the OP gets me to this:

404 - Processing Error, Please contact Programming.
prgname= NVMUO

just checked too and did a google search NY law .. same .. LOL ... must be shut down for fake shit .. LOL ..

Marine Cpl · Aug 22, 2017

The Unsafe Act Bill that was passed and signed by the corrupt governor was integrated into 2 existing laws. (Penal Law 265 and 400) It isn't a law by itself.

Penal Law 262 deals with all manners of the Unsafe Act in regards to legalities for rifles, shotguns, pistols, and magazines.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

Penal Law 400 deals with handgun licensing, recertification every 5 years, and ammo background checks.

Article 400 | NYS Penal Law | Licensing Provisions Firearms

You have to dig through these existing 2 laws that have other information to find the relevant information in regards to the Unsafe Act that you are looking for.

benedict485 · Jan 20, 2018

I am looking at building a ar15 here in New York and I see there is no federal law saying you need to put a serial number on the lower but am wondering about state level also I probably still have to pin the magazine to be legal correct? Thanks in advance

Sent from my XT1650 using Tapatalk

FrankenCub · Jan 20, 2018

You can assemble one with an 80% lower legally even in NY. There is no "clip" for an AR, you may lock the magazine in several ways but some are kinda sketchy depending on who you talk to. You can also retain the removable mag by using a Thorsden stock or Spur grip but can't have a threaded barrel. Look in the Long Guns section for several AR build topics.
And :welcome:

Marine Cpl · Jan 20, 2018

No offense but if you don't care about proper terminology of this...

Then you shouldn't care about the proper terminology of this....

FrankenCub · Jan 20, 2018

One of our biggest problems is the wrong terminology coined by our politicians and media that corrupt those who are on the fence or are completely ignorant of firearms. Education is the key.The more people use these corrupt terms, the more they are considered correct by the uninformed.
I recommend going on a reading binge here for everything AR related.. Long Guns - Rifles & Shotguns
Everything has been discussed in length over and over. Not everyone agrees on how they should be put together but we all agree it's bullshit. It really boils down to how comfortable you feel with you choice of build given the hoops we have to jump through.
And a big :fuac:

for good measure!

Acer-m14 · Jan 20, 2018

you can build your AR or any other gun and don't need a serial # on it .. Unless you decide to sell it .. , also you cant build a gun with the intention to sell it ..
but you can say build 3 or 4 for you .. then maybe 5 yr or so later . you may sell one or 2 .. there is a process for it ..

Gmannyc · Apr 13, 2018

I posted this question on another NY area gun forum and haven't got a response, so I'm hoping someone her can answer. I've seen declarative statements that beside the ARES SCR, any firearm with an AR pattern lower is not legal to possess in NYC, seemingly without exception. It seems this is so even if it was fully SAFE act compliant. My question is this - why? I've not seen the specific statute or regulation cited anywhere. Is there any condition or situation that permits possession of an SAFE compliant AR in NYC by a law abiding citizen (not a LEO). Can anyone break down the whys and wherefores for me? I had planned on building a featureless rifle but is that a no go? Thanks in advance for any answers.

Marine Cpl · Apr 13, 2018

Gmannyc said:
I posted this question on another NY area gun forum and haven't got a response, so I'm hoping someone her can answer. I've seen declarative statements that beside the ARES SCR, any firearm with an AR pattern lower is not legal to possess in NYC, seemingly without exception. It seems this is so even if it was fully SAFE act compliant. My question is this - why? I've not seen the specific statute or regulation cited anywhere. Is there any condition or situation that permits possession of an SAFE compliant AR in NYC by a law abiding citizen (not a LEO). Can anyone break down the whys and wherefores for me? I had planned on building a featureless rifle but is that a no go? Thanks in advance for any answers.

Basically the Police Commissioner has the final say in this Unconstitutional law in the NYC Admin Code.

http://www1.nyc.gov/assets/criminaljustice/downloads/pdfs/nyc_administrative_code_10_3.pdf

7. modifications of such features, or other features, determined by rule of the commissioner to be particularly suitable for military and not sporting purposes. In addition, the commissioner shall, by rule, designate specific semiautomatic centerfire or rimfire rifles or semiautomatic shotguns, identified by make, model and/or manufacturer's name, as within the definition of assault weapon, if the commissioner determines that such weapons are particularly suitable for military and not sporting purposes.

libertysnake · Apr 13, 2018

Willjr75 said:
... determined by rule of the commissioner...

We have kings now. Nuff' said.

TopShot · Apr 13, 2018

Loose Leaf Law Publications is the best for all this info.
They also have a lot of other good books.
They are located in Flushing, NY.
Looseleaf Law Publications, Inc, NYPD Patrol Guide
I have bought a number of good titles from them.
I also have a copy of NY Firearms and Weapon Law and get the annual updates.
http://www.looseleaflaw.com/catalog3/bookdetail.html?sku=1-889031-04-6

Gmannyc · Apr 13, 2018

I see. Screw the already screwed up law and make law based on how they feel that day. Which will most probably be like a tyrant.

Gmannyc · Apr 13, 2018

Thanks for the replies!

LethalTurtle · Apr 2, 2019

I’m new to the forum and have been looking all over for an answer to my question unfortunately to no avail. My question is regarding to the transfer of firearms out of state. Obviously the firearm in question may not be transferred if it is an “Assault Weapon”, however of the owner of said firearm modifies it to be compliant with NY law, can it be transferred. For example, a Romanian SAR-1 would be compliant if it did not have a pistol grip. If the seller took the grip off, would the gun be legal to transfer in NY. My FFL refused to transfer the firearm to me because they said it must be compliant from the manufacturer. Any help is appreciated, thanks.

Marine Cpl · Apr 2, 2019

LethalTurtle said:
I’m new to the forum and have been looking all over for an answer to my question unfortunately to no avail. My question is regarding to the transfer of firearms out of state. Obviously the firearm in question may not be transferred if it is an “Assault Weapon”, however of the owner of said firearm modifies it to be compliant with NY law, can it be transferred. For example, a Romanian SAR-1 would be compliant if it did not have a pistol grip. If the seller took the grip off, would the gun be legal to transfer in NY. My FFL refused to transfer the firearm to me because they said it must be compliant from the manufacturer. Any help is appreciated, thanks.

Send the seller a spur grip with an AR grip adapter. If he installs it, your FFL should transfer it.

Laws of New York

6.5 Creedmoor

.308 Win

6.5 Creedmoor

.308 Win

6.5 Creedmoor

.38 Special

.40 S&W

6.5 Creedmoor

.338 Win Mag

Attachments

.40 S&W

22lr

.700 Nitro Express

.338 Win Mag

20×102mm Vulcan

.450/400 Nitro Ex

20×102mm Vulcan

.577 Tyrannosaur.

.177 BB

.338 Win Mag

.577 Tyrannosaur.

.338 Win Mag

20×102mm Vulcan

.177 BB

.577 Tyrannosaur.

.338 Win Mag

.45 acp

.177 BB

.177 BB

9mm

.577 Tyrannosaur.