[ArghMan]

RE: NY AWB

As I understand it, the NY AWB is a mirror of the now defunct Federal AWB.

The ATF released a letter, making it clear that broken magazine bodies could be replaced with post ban manufactured mag bodies, as long as a new large capacity feeding device wasn't being manufactured.

While I realize the ATF is a federal, and not a state agency, does anyone know if the same applies in NYS?

Given the availability of new standard cap mags, I want to know if I can use post ban mag bodies, legally, to replace some of my well worn pre-ban mag bodies.

If no one here knows, does anyone know what state agency would have to be contacted to get the answer?

Thanks.

 

[Dean Speir]

Again, I'll defer to Rob on this matter as I don't see it addressed in http://assembly.state.ny.us/leg/?cl=82&a=68… he researched the issue earlier this year and drafted some language to deconfuse the magazine issue for Noo Yawkers in the post-sunset period, however long it lasts. I know that the "amendment" was passed up to some Legislators back in February or March, but I don't know what its status might be at present.

As far as what state agency to contact, I'd think it would be NYSP in Albany.

 

[LIProgun]

This is one of many aspects of the NYS law that are simply not addressed by the state law. The legislature was depending on the existence of the federal law to make the state law work. They obviously never considered the impact if there was a sunset.

It is illegal under the NYS law to manufacture a :bigpuke:"large capacity" magazine, but I don't believe "manufacture" is defined. As correctly noted, under the federal ban, ATF allowed replacement of mag bodies. But if one replaces a mag body in NY with one made post-ban, does that run afoul of the law? The answer most likely is that there is no answer, because the knuckleheads in Albany never thought this through. It will be up to prosecutors, lawyers, and judges to sort this out, and we can only hope that they will look to the way ATF had implemented regs on the federal ban and conclude that a reasonable construction of manufacture does not include replacement of mag bodies.

 

[Snake45]

Oh for crying out loud, just drive to a free state, buy whatever you want, put it in the trunk of your car, and drive home, carefully observing all rules of the road. There are no magazine-sniffing dogs at the state borders.

The Stazpolezi here in the DPRMD have actually given people exactly that advice. Possession is not illegal, just manufacture, sale, offer to sell, trade, transfer, etc. Oddly enough, pretty much the same restrictions on switchblades--you can legally have a basement full of the things as long as you don't carry them, nor sell, offer to sell, trade, etc.

I always wondered about the stupid marijuana laws that decriminalized possession of less than an ounce, but considered possession of anything over an ounce still "intent to distribute," a felony. How the hell are you supposed to GET a legal ounce or less if no one's allowed to deal?

 

[Dean Speir]

Oh for crying out loud, just drive to a free state, buy whatever you want, put it in the trunk of your car, and drive home

But that would be wrong!

 

[Snake45]

Oh for crying out loud, just drive to a free state, buy whatever you want, put it in the trunk of your car, and drive home

But that would be wrong!

Why?

I just told you that it's not illegal--at least not in the DPRMD.

Oh, I get it--sarcasm/satire, right?

 

[Mad Ogre]

Why? Because it is illegal.

 

[LIProgun]

FWIW, possession as well as manufacture is illegal in NYS.

 

[Snake45]

FWIW, possession as well as manufacture is illegal in NYS.

Were existing pre-94 mags grandfathered? If so, how do they go about determining when a mag was made or whether it was in the state pre-94?

The questions are moot, of course, if all possession is banned, and for high-cap mags that didn't exist in any form previous to 94.

 

[LIProgun]

Were existing pre-94 mags grandfathered? If so, how do they go about determining when a mag was made or whether it was in the state pre-94?

Pre-94 mags were grandfathered. Post-ban mags are readily detected by the "restricted" markings. Whether it can be readily determined that a given post-sunset mag is indeed post-sunset, and not preban, is unknown at this time, and likely will vary with the particular mag in question. It may be obvious, or it may be job for the forensics lab.