New York State assault weapon ban FAQ Part 1: Rifles by darkvibe

First off, I am not a lawyer, law enforcement officer or anything of the sort. Just a firearm enthusiast who has read through the New York State penal code article 265 and 400 a few times. This is my interpretation of the laws so please consult an attorney or other qualified person to verify the information. Do not consider this information legal advice.

There are a lot of questions regarding what is legal and illegal in NY state when it comes to AR-15's and other so called "assault weapons". I'll try to clear a few things up.

All of NY state's laws can be found on the internet here:
http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS[
The laws pertaining to firearms are in the Penal Code under article 265.

What is an assault rifle?

To be an assault rifle and therefore illegal in NY state, the firearm must be:
1. Semiautomatic
2. Accept a detachable magazine
3. Manufactured after September 14, 1994
4. Has two or more of the following:
Telescoping or folding stock
Pistol grip
Bayonet mount
Flash suppressor (this does NOT include a muzzle brake)
Threaded barrel
Grenade launcher

Some common questions:

Q. How do I pin a collapsible stock to be compliant with the ban?
A. Although there is no official ruling the accepted method among shooters is that it must be fixed in place in a way that it is permanent and not readily restorable to be collapsible. A popular method is to drill and blind pin the stock to the buffer tube. Many people will epoxy over the pin to make it even more permanent.

Q. So if my rifle is pre-ban I can have any accessories I want on it?
A. Yes, you can have as many features or accessories as you want, even those on the list of "evil" features listed in the AWB.

Q. How can I tell if my rifle is pre-ban?
A. The only way to be sure is to verify this with the manufacturer by giving them your serial number.

Q. If I permanently attach a threaded muzzle brake is my barrel legal?
A. Again, there is no ruling at the state level for this but under the expired federal AWB, yes, as long as it is a muzzle brake and not a flash hider.

Q. How do I attach a muzzle brake permanently to comply with the ban?
A. Although there are no official NY State rulings on the matter there was a ruling by the BATF during the federal AWB. This ruling said that seam welding the brake around at least half of the circumference, four tack welds equally spaced around the circumference or using a solder with a melting point of at least 1,100 degrees F to attach a muzzle brake, cap or or barrel extension satisfy the requirement of making the device part of the barrel and. It goes on to state that by using these methods to cover the barrel threads would make the barrel considered as not having a threaded muzzle. Note that the BATF ruling specifically states that industrial adhesives are not acceptable methods of attaching a muzzle device. Another generally accepted method is to drill a hole through the brake and part way into the barrel, insert a pin and weld over it the pin.

Q. How can I tell if a muzzle device is a flash hider or a muzzle brake?
A. The best way is to ask the manufacturer. Many have had their muzzle brakes tested by the ATF and can provide you with a letter stating that they (the ATF) do not consider it to be a flash hiding device. Typically a flash hider has an open end, the full size of the hider whereas a muzzle brake usually has a small hole in the end, just large enough to let the bullet pass through.

Q. Can I get a non-ban compliant AR-15 upper shipped to me and modify it to be ban compliant before assembling it on a lower receiver?
A. My understanding is yes, you can. The upper by itself is not considered a firearm so unless it is assembled onto a lower (the part considered a gun) then you are not violating the AWB.

Q. I see some people pay a fee and are able to have a rifle with a barrel shorter than 16". Can I do that in NY state?
A. No, SBRs (Short Barreled Rifles) are not legal in NY state so you can not pay for a tax stamp and possess one here.

Q. If I have a barrel shorter than 16" and attach a barrel extension or muzzle brake that brings it to the legal 16" is that legal?
A. Yes, as long as the muzzle device is permanently attached (see above about attaching muzzle devices.)

Q. If I have a pre-ban rifle, do ALL of the parts on it have to be pre-ban?
A. No, as long as the rifle is pre-ban you can upgrade or install brand new post-ban parts.
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-Jeff