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Thread: NY Resident buying "pre-ban" Out Of State?

  1. #1
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    Question NY Resident buying "pre-ban" Out Of State?

    Gents,

    Can anyone help here as I am getting mixed advice. Are there any issues with a NY resident purchasing a "pre-ban"(ie. the ones the other 45 states can buy) configuration newly manufactured long-gun in another state? Obviously certain configurations cannot be sold here, but is there any reason one cannot buy from elsewhere where more sense has prevailed?

    Logically, I don't see why this would be an issue, as "pre-ban" used guns are still sold(and owned of course) here . But I know logic and gun-laws are often mutually exclusive concepts.

    Thanks!

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    your best bet is to talk to someone at NYSRPA.org (NRA's NY Chapter) about it.
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  3. #3
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    Default ny preban

    pm sent

    thank,
    alan

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    I'm confused.... Are you saying "pre-ban" as in manufactured before the ban or as in has all the evil features? If it's manufactured after the ban then NO. Where you buy it is irrelevant, you can not own it. If it is a true pre-ban then I don't know. Please let us all know the answer.
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  5. #5
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    My thoughts:

    BACKGROUND: THIS ONLY HAS TO DO WITH NYS and not NYC.

    Option 1: (pretty sure on this one)

    1. You can by a long gun out of state and have it shipped to an FFL in this state where it can be transfered to you (even a pre-ban, remember, mags must be pre-ban too)

    2. If the gun is a true preban and you are pruchasing it in another state, have it shipped to an FFL in this state.

    3. Go to said FFL, fill out paper work and get your gun (NEVER EVER EVER EVER BRING IT INTO NYC, NOT EVEN PARTS OF IT, NYC EVEN CONSIDERS PARTS TO BE THE GUN)

    Option 2: (not so sure on this one)

    1. I am pretty sure you can purchase and take possession of a long gun in a different state (other than your residence).

    2. When you make a transaction as such, I believe it can only be thru an FFL (no face to face).

    3. The FFL must follow the rules of your state. This is where it gets tricky, because I don't know if that means he must follow the rules of where you live, I.E. if your DL says NYC, can he not transfer the gun even if you don't intend to bring it into NYC? If your are at an FFL in NYS, they will do the transfer because there is not purchase requirement for NYC, only possession in NYC. If out of state dealers know this, I am not sure.

    As always, YMMV, but these are my thoughts.
    Last edited by Lion; 09-08-2009 at 08:57 PM.

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    Quote Originally Posted by Fritz24 View Post
    Gents,

    Can anyone help here as I am getting mixed advice. Are there any issues with a NY resident purchasing a "pre-ban"(ie. the ones the other 45 states can buy) configuration newly manufactured long-gun in another state? Obviously certain configurations cannot be sold here, but is there any reason one cannot buy from elsewhere where more sense has prevailed?

    Logically, I don't see why this would be an issue, as "pre-ban" used guns are still sold(and owned of course) here . But I know logic and gun-laws are often mutually exclusive concepts.

    Thanks!
    It is illegal to "possess" an amunition feeding device for a pistol with a capacity in exess of 10 rds.

    Here's a link to the Penal Law.

    http://wings.buffalo.edu/law/bclc/we...ork/ny3(b).htm

    Check 265.02 (7) & (8) in particular.
    Last edited by rich52us; 09-09-2009 at 01:48 AM.

  7. #7
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    Quote Originally Posted by NYC_FA View Post
    I'm confused.... Are you saying "pre-ban" as in manufactured before the ban or as in has all the evil features? If it's manufactured after the ban then NO. Where you buy it is irrelevant, you can not own it. If it is a true pre-ban then I don't know. Please let us all know the answer.
    I was refering to the latter - the "evil-features" type. The more I research all this, the more confusing and maddening it all gets. Only one thing is truly clear - it is time to move out of New York!

    Thanks to all.

  8. #8
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    Quote Originally Posted by Fritz24 View Post
    I was refering to the latter - the "evil-features" type. The more I research all this, the more confusing and maddening it all gets. Only one thing is truly clear - it is time to move out of New York!

    Thanks to all.
    Only allowed two evil features on post-ban rifles. These are usually, detachable magazine and pistol grip, so pin the stock, remove the bayo lug and flash hider.

    Pre-ban means the rifle was manufactured before September 14, 1994. If the rifle was manufactured before that time its NYS legal with all the evil features.

    Post-ban means manufactured after September 14, 1994. Only 2 features allowed.

    Magazines can have more than ten if they are "pre-ban". You can use "pre-ban" magazines in a "post-ban" rifle, but not all LEOs might know this so YMMV.

    If you have a "pre-ban" gun, it does not mean you can use "post-ban" 30 round mags, they still need to be "pre-ban". You can use "post-ban" 10 rounders though.

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    oh and if you're in NYC, there's no such thing as pre-ban as it's all banned. Possession alone is a felony.

  10. #10
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    Quote Originally Posted by Lion View Post
    Only allowed two evil features on post-ban rifles. These are usually, detachable magazine and pistol grip, so pin the stock, remove the bayo lug and flash hider.

    Pre-ban means the rifle was manufactured before September 14, 1994. If the rifle was manufactured before that time its NYS legal with all the evil features.

    Post-ban means manufactured after September 14, 1994. Only 2 features allowed.

    Magazines can have more than ten if they are "pre-ban". You can use "pre-ban" magazines in a "post-ban" rifle, but not all LEOs might know this so YMMV.

    If you have a "pre-ban" gun, it does not mean you can use "post-ban" 30 round mags, they still need to be "pre-ban". You can use "post-ban" 10 rounders though.

    Thanks again! I used to be on top of all this back in the 90's, but started getting side-tracked around '01 with career and then some ugly health issues.
    So I really lost track of just how this whole pre/post thing worked after the "sunset" of the Federal ban, etc. I do have a number of "grandfathered"
    firearms and mags to go with 'em - but have to sit by and feel like a child again looking at all the wonderful NEW gear available today that I can't have because of my state of residence.

    It is past time to get out of Dodge...er, New York.

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