Selling an AR to a New Yorker [Archive] - Glock Talk

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Hef
02-01-2010, 20:29
So a question was brought up this evening about "pre-ban" AR lowers and the NY AWB. I looked it up and found this:

"It shall be unlawful to possess any "assault weapon" or a "large capacity ammunition feeding device". So called "assault weapons" lawfully possessed prior to September 14, 1994 and "large capacity ammunition feeding devices" manufactured prior to such date are grandfathered"

Here's what I wonder - that could be interpreted to mean that you are only legal to keep it if you had it before that date, but the wording also opens up the possibility that as long as someone lawfully possessed it prior to that date it is legal for anyone (not lawfully prohibited) to own. I would think the government in NY would agree with the first interpretation, since it is more restrictive.

I own a 1989 model Bushmaster, which could (arguably) be grandfathered since it existed prior to any ban, though not in NY. I could sell it to the New Yorker and use the money to buy myself another rifle.

What do you think? Any NY law experts here?

SilverBullet_83
02-02-2010, 10:04
this is only a thought here, but I would seriously doubt they want them being transfered. I believe it is only for the person who owned the weapon before

lawman800
02-02-2010, 22:26
So a question was brought up this evening about "pre-ban" AR lowers and the NY AWB. I looked it up and found this:

"It shall be unlawful to possess any "assault weapon" or a "large capacity ammunition feeding device". So called "assault weapons" lawfully possessed prior to September 14, 1994 and "large capacity ammunition feeding devices" manufactured prior to such date are grandfathered"

Here's what I wonder - that could be interpreted to mean that you are only legal to keep it if you had it before that date, but the wording also opens up the possibility that as long as someone lawfully possessed it prior to that date it is legal for anyone (not lawfully prohibited) to own. I would think the government in NY would agree with the first interpretation, since it is more restrictive.

I own a 1989 model Bushmaster, which could (arguably) be grandfathered since it existed prior to any ban, though not in NY. I could sell it to the New Yorker and use the money to buy myself another rifle.

What do you think? Any NY law experts here?

CA has a similar ban and the grandfather clause only applies to those weapons which are already owned by residents prior to the ban. No new weapons may be brought in and existing weapons may not be transferred to anyone else in state except to a Class III dealer, a peace officer with letter, or out of state.