POF “Other” rifle

Airborneguy

Airborneguy

.338 Win Mag
LEO / LEA
Messages
6,562
Reaction score
12,832
Location
Staten Island
I see the prosecutor treating this as an assault weapon with a forward grip resulting in conviction or plea after the defendant runs out of money to appeal unless they can somehow convince a gun rights organization to intervene.

Another scenario, though less likely, they could charge it as an illegal SBR but they may at least respect the attempt with the brace.

I don’t see it as legal under NY’s laws, whether I agree or not.
 
Saltwater60

Saltwater60

.950 JDJ
Messages
34,403
Reaction score
38,850
Location
Western NY
Airborneguy said:
I see the prosecutor treating this as an assault weapon with a forward grip resulting in conviction or plea after the defendant runs out of money to appeal unless they can somehow convince a gun rights organization to intervene.

Another scenario, though less likely, they could charge it as an illegal SBR but they may at least respect the attempt with the brace.

I don’t see it as legal under NY’s laws, whether I agree or not.
Click to expand...
I agree. That was my thought process as well.

Think about it if you go to trial and they show an “assault weapon” with all the banned features and then they show your firearm with all the banned features you’d be convicted I would say. I just can’t see where you would reasonably get out of it honestly without a ton of money and appeals. Your life would be ruined.
 
N

nyenthusiast

.38 Special
Messages
46
Reaction score
47
Location
Suffolk County, Long Island
These just aren’t worth the level of risk that comes with them in my opinion. I understand that they
nay be legal by the letter of the law, but as with most things that exist in a sort grey area, it’s not a problem until the day it is. I imagine some of the guys buying these things are shooting on private property out in the boonies and might very well never encounter law enforcement. I certainly think having one at a public range would prompt a lot of interest and questions from the folks around you. I’m not a lawyer or a cop, but I don’t think the average police officer is going to have the level of federal firearms law knowledge required to understand that this is somehow not a short barreled rifle. The juice is just not worth the squeeze.
 
Saltwater60

Saltwater60

.950 JDJ
Messages
34,403
Reaction score
38,850
Location
Western NY
Are people putting these on their pistol permits? If you look at the manufactures web site they say they are a pistol.
 
garyv350

garyv350

.357 mag
Messages
665
Reaction score
1,081
Location
Conway, South Carolina
A shop local to me has sold hundreds of these. Always a waiting list. Shop is notorious for selling NY compliant stuff. And like I said before. These are nothing new. Been out for sale here since the 2018 Shot Show. Haven't heard of any situations with them as of yet.
 
S

SuffolkArms

.40 S&W
Messages
155
Reaction score
68
Location
NY
Willjr75 said:
I don't think the question would be if it's a short-barreled rifle. The question would be if it's a pistol in in an assault weapon configuration. And an AR pistol is exactly that.
Click to expand...

What if you built an other with a 16 inch barrel and a New York State Law Enforcement agency were to define a pistol as:

(d) Pistol means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding 16 inches.
Click to expand...

View Document - New York Codes, Rules and Regulations

Maybe it's high time we start using People vs. Russo against the state... PEOPLE v. RUSSO | 38 Misc.2d 957 (1963) | sc2d9572710 | Leagle.com
 
Marine Cpl

Marine Cpl

.577 Tyrannosaur.
Messages
22,046
Reaction score
20,634
Location
Orange County
S

SuffolkArms

.40 S&W
Messages
155
Reaction score
68
Location
NY
Willjr75 said:
That would be nice except New York has no definition of a pistol.
Click to expand...

The definition is right in the New York Conservation Law Chapter I linked, Chapter 6 CRR-NY 180.3. The conservation laws are also the only place you'll find the prohibition on carrying loaded rifles and shotguns in your car as per People v. Russo.
 
knuts

knuts

.45 acp
Messages
420
Reaction score
698
Location
westchester new york
Was just at blueline and saw they have 3 of these on display. one is in 308. While i was there looking at these, 2 guys came in and bought 2. I was told these are pretty much the only thing they have been selling for the past 2 months and they sold ALOT. 2 of the guys chilling and looking at the pistols were plain clothes LEO too.
still not gonna risk buying one of these for me though
 
garyv350

garyv350

.357 mag
Messages
665
Reaction score
1,081
Location
Conway, South Carolina
So 10 people on here don't think these are ok. Big deal. 10 opinions that don't matter on a supposed legal issue. Everyone is entitled to have their own opinions. But in the end, nothing any of us say really matters. Untill something either happens or doesn't, I doubt the people who buy these are out flaunting them being stupid about it. Yea. That's my opinion. Who cares. Buy one if you want it. Or don't.
 
BMF JK

BMF JK

.44 mag
Messages
836
Reaction score
1,888
Location
Genesee county
Airborneguy said:
Well if this matters, my “opinion” is that I could make a probable cause arrest upon observing this firearm in someone’s possession and that it would hold up in any NY criminal court.

I wouldn’t due to my personal beliefs, but I could, 100%.
Click to expand...
Unfortunately there far too many LEO that don’t share your beliefs and would make an arrest without hesitation.
 
spat

spat

.700 Nitro Express
Messages
29,099
Reaction score
61,231
Location
Formerly Geneseo, NY. Now free in AZ
Airborneguy said:
Well if this matters, my “opinion” is that I could make a probable cause arrest upon observing this firearm in someone’s possession and that it would hold up in any NY criminal court.

I wouldn’t due to my personal beliefs, but I could, 100%.
Click to expand...
Is observing a full featured AW probable cause that it is not properly registered ?
 
Marine Cpl

Marine Cpl

.577 Tyrannosaur.
Messages
22,046
Reaction score
20,634
Location
Orange County
spat said:
Is observing a full featured AW probable cause that it is not properly registered ?
Click to expand...
If I was an anti-gun cop that would be a yes. What would I care? If you are innocent, you can prove that in court. Your word that it's registered would mean nothing to me.
 
Saltwater60

Saltwater60

.950 JDJ
Messages
34,403
Reaction score
38,850
Location
Western NY
garyv350 said:
So 10 people on here don't think these are ok. Big deal. 10 opinions that don't matter on a supposed legal issue. Everyone is entitled to have their own opinions. But in the end, nothing any of us say really matters. Untill something either happens or doesn't, I doubt the people who buy these are out flaunting them being stupid about it. Yea. That's my opinion. Who cares. Buy one if you want it. Or don't.
Click to expand...
Just curious did you buy one or are you planning on buying one?
I won’t be and I agree with your statement, but I would lean more towards your probably likely to get in trouble and there is always that person that will do something stupid.
 
spat

spat

.700 Nitro Express
Messages
29,099
Reaction score
61,231
Location
Formerly Geneseo, NY. Now free in AZ
Saltwater60 said:
It’s probable cause to investigate yes.
Click to expand...
Is that tacit admission by the state that the majority of AWs in the state are not registered ?

Also, what is the scope of the allowed "investigation" ?

We are not required to maintain or possess any documentation for registered AWs, and AFAIK it is not a simple matter for an officer to check the status of one.

If the investigation consists of asking if it's registered, what happens if the subject refuses to answer ? Do you confiscate the AW until you can determine it's status ?
 
garyv350

garyv350

.357 mag
Messages
665
Reaction score
1,081
Location
Conway, South Carolina
Saltwater60 said:
Just curious did you buy one or are you planning on buying one?
I won’t be and I agree with your statement, but I would lean more towards your probably likely to get in trouble and there is always that person that will do something stupid.
Click to expand...

Already have it. And will buy another when they release a 9mm version.
 
You must log in or register to reply here.
Top