Question about AR 80% lower and any applicable NYS law

[twisted]

My neighbor recently assembled his first AR, using an 80% lower that he completed. After running a couple hundred rounds thru it, he broke the extractor. In an attempt to find a part locally he visited a local gun shop. The proprietor of the gun shop informed him since it was not serialized it was illegal for him to remove it from his property. He also made some statements as to the state police and issues with them. I am unaware of any NYS laws, and have been unable to find any, that pertain to the illegality of 80% lowers. I am fairly well versed on the Federal aspect and have researched this through the ATF website. Does any one here have any knowledge regarding NYS laws and 80% lowers and be able to point me toward the appropriate law references. Thanks for any and all help.

 

[spat]

My understanding of an unserialized rifle is that you can do anything you would with a normal rifle, except sell it.

I could see a licensed gunsmith maybe not being amle to work on it though, since he couldn't log it in and out of his books.

The idea that you can't take it to the range or something is silly though.

 

[twisted]

Funny you mention the range, as that was one of the statements that he made was that it would not be allowed at any ranges. I found that hard to believe also. But I have been uninformed before.

 

[MikeyCNY]

I'm still an AR newb but isn't the extractor part of the BCG (Bolt Carrier Group)? Shouldn't have anything to do with the lower. Or did he bring the whole rifle in for repair?

 

[twisted]

He just took the whole rifle. Really irrelevant to the question, just setting the scene for how the question arose.

 

[MilesTeg]

80% lowers are no different that home constructed AR with a bought lower. The only difference is with the ATF on the sale of the rifle. This isn't a black and white answer. You can sell a rifle made from an 80% but you can't make the rifle from the 80% with the intent to sell it. Cristal clear right? As far the gunsmith not taking it in there's no law against him doing it but he has the right to deny service. He might no be comfortable working on that type of rifle because he doesn't know NYS law. If an extractor broke why not just bring him the upper or the bolt or the bolt carrier group then you don't have to deal with whole 80% thing anyways.

 

[GOYABEAN]

Over the counter part's if he built the 80% lower changing extractor shouldn't be a big deal !

And there's a lot of not well informed people out there with their own opinions regarding the law's ​

 

[twisted]

Focus people!! Disregard the circumstance. Focus on the question. I appreciate and agree on the opinions on how the rifle should have been fixed, but it doesn't help with the answer to my question.

 

[MilesTeg]

I answered it there is no NYS law to impede the repair.

 

[twisted]

I'm sorry, I apparently worded the question poorly. I don't really care about repairing the rifle. Here is the question again without the story of the circumstance.


Is anyone aware of any NYS law that would prohibit someone from building, possessing, utilizing, shooting, owning, hunting with, taking to the range or otherwise interacting with ones own rifle built from an 80% lower?


I do not believe there is, and there is no way to prove a negative.

 

[GOYABEAN]

My if he's legally able to own a firearm ! Then I see no issues now regarding the law's if said Firearms are used or owned in land must be safe act compliant wether fixed mag or spur grip now I believe that doesn't guarantee that some ranges will let you use them but then again lots of confusion out there and

 

[MilesTeg]

The only thing with any AR build in this state is to build in accordance with the SAFE act. There is no differentiation between 80% or bought lower.

 

[twisted]

The only thing with any AR build in this state is to build in accordance with the SAFE act. There is no differentiation between 80% or bought lower.

Rifle is fully compliant with a fixed Mag.

 

[dwa12479]

Is anyone aware of any NYS law that would prohibit someone from building, possessing, utilizing, shooting, owning, hunting with, taking to the range or otherwise interacting with ones own rifle built from an 80% lower?

None that I'm aware of. You can substitute "stripped" for "80%" in this question and the answer is the same.

 

[MilesTeg]

Sorry if my answers came off wrong tone. The problem is with the gunsmith not with your buddies rifle or NYS penal law. My guess is the guy didn't know the laws and defaulted to no to be cautious.

 

[Marine Cpl]

Is this a hypothetical question? Because I have a hard time believing that a guy who built an AR from an 80 percent hunk of aluminum using, drills, presses, and clamps cannot change an extractor and has to take it to a gunshop.

Now if this is true, the gunshop worker, smith, or owner is full of sh#t. Don't want to offend anyone. He can take the gun anywhere he wants. It can go to the range, inside a gunshop, ect. It may not be able to be logged into the books, but it can be taken places. There is no issues with the state police unless it is in a so called illegal configuration.

 

[twisted]

Miles,
No problem. Thing is this gunshop owner has scared him so badly that he is now going to buy a stripped lower and rebuild his rifle with it, because he scared of being caught off his property with an unserialized rifle by the NYSP. Even though he, as I, haven't been able to find that there is any prohibition against them in NYS penal law. All based off of what one gun shop owner stated.

 

[twisted]

Is this a hypothetical question? Because I have a hard time believing that a guy who built an AR from an 80 percent hunk of aluminum using, drills, presses, and clamps cannot change an extractor and has to take it to a gunshop.

Now if this is true, the gunshop worker, smith, or owner is full of sh#t. Don't want to offend anyone. He can take the gun anywhere he wants. It can go to the range, inside a gunshop, ect. It may not be able to be logged into the books, but it can be taken places. There is no issues with the state police unless it is in a so called illegal configuration.

Not hypothetical. completely true. He was going to change the extractor himself, just took the rifle with him in quest for part. Gunshop did replace extractor, but took the opportunity to feed him a bunch of info that I don't believe is true.

 

[Marine Cpl]

No problem. Thing is this gunshop owner has scared him so badly that he is now going to buy a stripped lower and rebuild his rifle with it, because he scared of being caught off his property with an unserialized rifle by the NYSP. Even though he, as I, haven't been able to find that there is any prohibition against them in NYS penal law. All based off of what one gun shop owner stated.

I don't believe this story. Sorry. An extractor requires the removal of one pin.

Why build a whole different lower just to get it to the gunshop to change an extractor in a
bolt?

Why not just order an extractor online or go to the gunshop and buy an extractor without taking in the whole gun?

Fake News!

 

[twisted]

I don't believe this story. Sorry. An extractor requires the removal of one pin.

Why build a whole different lower just to get it to the gunshop to change an extractor in a bolt?

Fake News!

You didn't follow this very well!

 

[Marine Cpl]

You didn't follow this very well!

Oh. I did. Why would he need to take the gun in for an extractor? All extractors are the same. Milspec.

Assuming he didn't know that, why not just take the bolt?

 

[GOYABEAN]

Not hypothetical. completely true. He was going to change the extractor himself, just took the rifle with him in quest for part. Gunshop did replace extractor, but took the opportunity to feed him a bunch of shit that he bought hook line and sinker, it appears.

let me guess said gunstore owner is willing and able to provide him with said lower

 

[Marine Cpl]

Show this video to your friend.

 

[twisted]

I believe he took the whole thing in because this is his first AR and was concerned that the extractor broke and wanted to know why.

 

[MilesTeg]

Miles,
No problem. Thing is this gunshop owner has scared him so badly that he is now going to buy a stripped lower and rebuild his rifle with it, because he scared of being caught off his property with an unserialized rifle by the NYSP. Even though he, as I, haven't been able to find that there is any prohibition against them in NYS penal law. All based off of what one gun shop owner stated.

That's why I had kind of a nasty undertone. Not against you but the gunsmith. We really are screwed in this state, the people who are supposed to be like minded sell lies in hopes of making a profit. I can't tell if it's sad or sickening.

On the plus side he rebuilds his rifle with a stripped lower he then has a freed up lower to start another build.

 

[Marine Cpl]

 

[twisted]

I know we were all born knowing rifles inside and out, how to work on them, how to fix them, what makes them tick, but some people have a bit of a learning curve and maybe a bit of trepidation and seek out someone they feel may know a bit more than themselves about a certain topic.

 

[GOYABEAN]

You tube works wonders

 

[Marine Cpl]

I know we were all born knowing rifles inside and out, how to work on them, how to fix them, what makes them tick, but some people have a bit of a learning curve and maybe a bit of trepidation and seek out someone they feel may know a bit more than themselves about a certain topic.

But he built it right? No novice can do that without having an idea on how things work.

Maybe it's just me and if it is, I do apologize so don't take it the wrong way. I just don't believe tbe story at told.

 

[GOYABEAN]

But he built it right? No novice can do that without having an idea on how things work.

Maybe it's just me and if it is, I do apologize so don't take it the wrong way. I just don't believe tbe story at told.