New York State Assault Rifle Law

[visualoutlaw]

So I recently just acquired a new gun. My fathers AR-308. Am I allowed to own/use this weapon in New York? Any advice would be greatly appreciated.

[BLKSHEEP]

Maybe this will help....

http://www.nraila.org/gun-laws/state-laws/new-york.aspx

ASSAULT WEAPONS

If you own an assault weapon then you must either sell or register it with the State Police before April 15, 2014. Forms for registration are available online or you can obtain paper forms at the police stations and may be returned to the Pistol Permit Bureau. There is no fee for registering assault weapons. Please allow at least 3 business days for notification approving your registration. Confirmation of submitted form for registration (online) is NOT approval for registration. Failure to register by the aforementioned deadline will result in a misdemeanor, unless deemed unintentional failure to register which a 30 day extension to register will be allowed. Each registration of an assault weapon is valid for 5 years. Changes of name, address, or any contact information must be submitted via an amendment form. A transfer form also must be completed if the owner transfers the assault weapon out of state, to a firearms dealer, or a law enforcement agency or officer. The transfer must be reported within 72 hours of completing transfer. A transfer form also must be completed for any stolen, lost or destroyed assault weapon within the specified time frame. It shall be unlawful to possess any “assault weapon” or “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 can continue to be lawfully possessed. READ ALL

The following list of characteristics are features commonly associated with assault weapons, this list includes some features but not all.  Questions regarding the legality of your firearm (complying with the assault weapons regulations) should be directed toward an attorney or other qualified official in determining the characteristics unique to your weapon.

For further reference you can look at the Frequently Asked Questions on

http://www.governor.ny.gov/nysafeact/gun-owners

"Assault weapon” is defined as:

• A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:
  • a folding or telescoping stock;
  • a pistol grip that protrudes conspicuously beneath the action of the weapon;
  • a bayonet mount;
  • a flash suppressor or threaded barrel designed to accommodate a flash suppressor;
  • a grenade launcher.
• A semiautomatic shotgun that has at least two of the following characteristics:
  • a folding or telescoping stock;
  • a pistol grip that protrudes conspicuously beneath the action of the weapon;
  • a fixed magazine capacity in excess of five rounds;
  • an ability to accept a detachable magazine.
• A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics:
  • an ammunition magazine that attaches to the pistol outside of the pistol grip;
  • a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
  • shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
  • manufactured weight of fifty ounces or more when the pistol is unloaded.
• A semiautomatic version of an automatic rifle, shotgun or firearm.
• Any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:
  • Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (All Models);
  • Action Arms Israeli Military Industries UZI and Galil;
  • Beretta Ar70 (SC-70);
  • Colt AR-15;
  • Fabrique National FN/FAL, FN/LAR, and FNC;
  • SWD M-10, M-11, M-11/9, and M-12;
  • Steyr AUG;
  • Intratec TEC-9, TEC-DC9 and TEC-22;
  • revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker.

Assault weapons does not include:

• any rifle, shotgun or pistol that: is manually operated by bolt, pump, lever or slide action; or
• has been rendered permanently inoperable; or
• an antique firearm as defined under federal law;
• a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
• a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine;
• a rifle, shotgun or pistol, or a replica or a duplicate thereof, specifically exempted from the federal assault weapon ban list as such weapon was manufactured on October 1, 1993. 

“Large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device, manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.  There is an exception for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. See New York State penal Law Section 265.00 subdivision 23.

 

[visualoutlaw]

So basically this rifle is illegal in NY unless I register it?

Edited April 21, 2014 by visualoutlaw

[visualoutlaw]

Unless I register it?

[98Z5V]

I don't even know if you can register it now.  They were all supposed to be registered no later than 5 days ago.

 

You need to contact State Police about this matter, and give them the full situation.  Ask their advice.

[imschur]

Yes you missed the deadline

[blue109]

but so did about a million other people. like the old saying goes...do what you can afford.