Question about AR 80% lower and any applicable NYS law

[Jem45472]

Don't want to completely sidetrack the thread, but while we are talking about it -

I have a finished 80%, and also a pistol permit. Can I put a pistol upper and brace on it without serial and nys registration? It would be safe act compliant.

 

[Marine Cpl]

Don't want to completely sidetrack the thread, but while we are talking about it -

I have a finished 80%, and also a pistol permit. Can I put a pistol upper and brace on it without serial and nys registration? It would be safe act compliant.

It would be an need to be registered on your license. Otherwise it would be an unregistered pistol.

 

[Jem45472]

It would be an need to be registered on your license. Otherwise it would be an unregistered pistol.

Thanks, that's what I figured.

 

[Marine Cpl]

Thanks, that's what I figured.

The question is, what can they charge you with?

 

[GOYABEAN]

Thanks, that's what I figured.

don't forget it's NYS after all

 

[Jem45472]

The question is, what can they charge you with?

That's where I was trying to go.

 

[Eddie Gunks]

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.

Sure he can. Many/most guns did not have serial numbers before 1950 or so.

There are procedures for this.

 

[Eddie Gunks]

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.

No.

As long as it is not an unregistered assault weapon there is no reason for the asshat gunsmith to keep it.

Call the poh-poh

 

[Phazer]

Don't want to completely sidetrack the thread, but while we are talking about it -

I have a finished 80%, and also a pistol permit. Can I put a pistol upper and brace on it without serial and nys registration? It would be safe act compliant.

No.

All pistols in NY must be registered.

You'd have to add a serial # to your lower, get an FFL to hold it while you add the "pistol" to your permit, then retrieve it once you've got your coupon. This would negate any benefit of starting with an 80% lower.

 

[Eddie Gunks]

. This would negate any benefit of starting with an 80% lower.

Not really. A benefit can come from actually making it yourself.

 

[stuck in ny]

Changing the extractor? You can do that in literal 10 seconds.
If you cared about what the smith thought you could just take the upper off.

 

[Eddie Gunks]

I suggest everyone ALWAYS separate the upper from the lower when taking them in for service.

 

[Prudii]

I suggest everyone ALWAYS separate the upper from the lower when taking them in for service.

So much this. Being an gunsmith and having an FFL does not necessarily make someone less ignorant of the law. For example here's a short list of stupid false statements I've been told by FFL's in or about this state.

1- All threaded barrels are illegal.
1.2- All muzzle devices are illegal.
2- Private sale of firearms though an FFL with a 4473 are illegal.
3- Pistol grips are illegal on all long guns.
4- Possession of a stripped lower is illegal because it constitutes intent to construct an 'Assault Rifle"
5- My R700 is illegal because it has a muzzle device, pistol grip, and removable magazines.
6- Putting a rifled barrel on a shotgun makes it a rifle.