# MueveloNYC's NYC Gun FAQ (Laws and Procedures)

[MueveloNYC]

We're still breaking down the information, but summary is that NY state adopted nearly all of NYC laws esp on the 5 rounder rule, and no pistol grip on semi auto long guns. Here's a summary so far, and we're still waiting on comments from 1 Police Plaza as of today (1/16/13) they have no idea what to do yet or handle it, but it's already too late to get Purchase Orders. The law goes into effect in 90 days, so on April's Tax Day, remember not to load more than 7 rounds in your pistol. For most of us in NYC, it's already too late to request the purchase order now.

Effective date:

this act shall be effective 90 days after this act
35 shall become law; and that this act shall expire and be deemed repealed
36 June 30, [2015] 2017

they lifted NYC's more restrictive code verbatim.
AR-15 and clones as well as the entire NYC ban list is on there verbatim.
No thumbholes allowed (they added this provision)
No forestock vertical grips

46 (II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
47 THE WEAPON;
48 (III) A THUMBHOLE STOCK;
49 (IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
50 NON-TRIGGER HAND;

12 (d) any of the weapons, or functioning frames or receivers of such
13 weapons, or copies or duplicates of such weapons, in any caliber, known
14 as:
15 (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
16 models);
17 (ii) Action Arms Israeli Military Industries UZI and Galil;
18 (iii) Beretta Ar70 (SC-70);
19 (iv) Colt AR-15;
20 (v) Fabrique National FN/FAL, FN/LAR, and FNC;
21 (vi) SWD M-10, M-11, M-11/9, and M-12;
22 (vii) Steyr AUG;
23 (viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
24 (ix) revolving cylinder shotguns, such as (or similar to) the Street
25 Sweeper and Striker 12;

5 round maximum mags on semi auto long guns: (which was already law in NYC)

30 (ii) a semiautomatic rifle that cannot accept a detachable magazine
31 that holds more than five rounds of ammunition;
32 (iii) a semiautomatic shotgun that cannot hold more than five rounds
33 of ammunition in a fixed or detachable magazine;

Threaded barrels in the configs like with HK to hold the weights are now banned, as well as magazines outside of the pistol well, so no X-grips for P2000sk and other compacts as well as jet funnel kits/mags:

1 (i) an ammunition magazine that attaches to the pistol outside of the
2 pistol grip;
3 (ii) a threaded barrel capable of accepting a barrel extender, flash
4 suppressor, forward handgrip, or silencer;

15 (IV) CAPACITY TO ACCEPT AN AMMUNITION MAGAZINE THAT ATTACHES TO THE
16 PISTOL OUTSIDE OF THE PISTOL GRIP;

AR-15 style forestock covers banned:

19 (VI) A SHROUD THAT IS ATTACHED TO, OR PARTIALLY OR COMPLETELY ENCIR-
20 CLES, THE BARREL AND THAT PERMITS THE SHOOTER TO HOLD THE FIREARM WITH
21 THE NON-TRIGGER HAND WITHOUT BEING BURNED;

No grandfathering of high caps, you have to sell:

3 (H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
4 ANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
5 BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OF
6 TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
7 EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS SUCH
8 WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
9 ANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
10 BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN-
11 TY-TWO HOURS OF SUCH TRANSFER. AN INDIVIDUAL WHO TRANSFERS ANY SUCH
12 WEAPON OR LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
13 YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH
14 SHALL BE GUILTY OF A CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
15 AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS MADE ILLEGAL BY
16 THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA-
17 GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP-
18 TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.

Grandfathering of 10 rounders, and criminal possession of 10 rounder is only relevant in pursuant to a crime.
Thus they can't harrass you just for the sake of it...

17 (8) Such person possesses a large capacity ammunition feeding device.
18 FOR PURPOSES OF THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
19 DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
20 BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
21 TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI-
22 TY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
23 SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR THAT WAS MANUFAC-
24 TURED BEFORE SEPTEMBER THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT
25 HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO
26 ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR
27 (9) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG
28 TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00
29 OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR
30 (10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS ANY
31 VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
32 THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.

If you do get into trouble (watch out for the ammo in mag gestapo making an example out of your for a political agenda), first offense is a $200 civil fine:

48 IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
49 POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
50 DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
51 TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
52 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
53 TERM OF UP TO THREE MONTHS IMPRISONMENT.

Background NICS checks required for ammo purchases, all purchases including private sales unless transfer to a direct family member.

There's a lot more, but we're digesting this as we go through multiple iterations and clarification from law enforcement of how they interpret these new regulations.

The bill:
http://www.assembly.state.ny.us/leg/...&Memo=Y&Text=Y

[j.parker]

thanks muevelo for trying to make sense of this. i wonder what the ruling on a magpul afg would be?

[MueveloNYC]

under the interpretation this would be considered an off hand foregrip... Also the piccatiny style rails are banned in the wording of this new law...

[Lion]

under the interpretation this would be considered an off hand foregrip... Also the piccatiny style rails are banned in the wording of this new law...

Actually the wording is very vague with the fore grip. It states "a second handgrip OR a protruding grip that can be held by the
non-trigger hand". This COULD mean that the fore grip on a browning BAR or on a Remington 1100 COULD be considered "a second handgrip". This would make the gun an assault weapon under the new law.

[04TAC40]

Im subscribing to this thread in case I ever go thru NY. This is all good stuff to know.

[dtolomei]

First, i apologize for the long post, but as many of us NYers probably are, I'm in quite a jam, & would appreciate any input I can get.

After about a year of struggle with the NYPD, I am a proud owner of an HK45CT, & take pride in the fact that I've done everything 100% by the book, as strict & complex as that book may have been.

I have put quite a bit of cash into accessories over the years (extra mags, Raven kydex, light/laser, multiple spares of all springs, custom cases, etc). It would be quite a loss financially to have to sell off this entire investment. I guess my broadest question is, is there any possible way I'm going to be able to keep this firearm?

It seems the clearest violation here is the threaded barrel. Does this mean I could replace the barrel with a standard HK45C barrel & re-register? If so, the serial number on the barrel & the slide won't match, & I'm concerned that the NYPD will find this troubling. Then what do I do with the 300+ dollar barrel?

Next comes the mags. The way I read the new bill, grandfathering of my 8rd mags is ok as long as I never load more than 7 "bullets" as Cuomo refers to them. Am I understanding this correctly?

Last comes the accessory rail. I was unable to find any clear wording prohibiting accessory rails on handguns, but I have heard from a number of people that all picatinny rails have be banned? Is this true?

Thanks in advance for any replies!

[MueveloNYC]

The big one here is the threaded barrel. Technically on the books today this is already banned, but NYPD 1PP has allowed them to pass inspection if you keep the thread protector on it. If they get antsy and crack down, you'll have to buy a new barrel (HK will send a non-serialed barrel as the serial is important on the receiver, not barrel, and since COBIS is gone, you don't have to worry about case matching compliance) which is what happened in other states. The accessory rail is fine as long as it's not surrounding the whole barrel as that would constitute a barrel shroud. Mags most likely will be grandfathered as long as you don't load more than 7 rounds.

Again, no police chief in NY State for their county including NYC 5 boroughs has said they will enforce these yet, especially given that there is no clause for LE, Retired PD, and security guard exemption in the law as it stands. Additionally there are almost 100 new changes being proposed to the bill, so we will see significant changes before the law goes into effect. So basically we have to wait and see how this goes unfortunately.

At this time I would highly encourage those who are concerned about the situation to donate to the Second Amendment Foundation. I've already donated over $2,000 in the last 18 months alone as I care about this situation. They have been VERY active on this in NY/NYC so I highly encourage those who care about their rights to donate. A nice email to them showing encouragement goes a long way. I've met a few of these guys, and some of the most dedicated are volunteer lawyers working pro-bono, and the fees help administrative costs. (Disclaimer: I am in no way affiliated nor work for the SAF)

[Arielnyc2006]

Concerned!!! I applied for my NYC residential pistol permit a week ago and I am freaking out! On the application addendum I listed that I had a NYC taxicab license 10 years ago, which is fine, until I realized on my own photocopy today that I listed the wrong expiration date for the license! I listed May 3, 2001 when it should have said may 3, 2003. I am wondering if I should call them and ask what to do, just in case I already typed up a letter and had it notarized explaining that I entered a wrong date on the addendum. Should I be panicking?

[MueveloNYC]

call them up and ask the officer handling your case that there was an error. Shouldn't be that big of a deal if you notarize the addendum and give it to them as it shows intent to correct.

[Arielnyc2006]

That is what I plan to do, I was going to wait until I got my interview letter, but I will probably call them on Monday since I have my application number. I am sure they see a few applications with minor typos and errors and allow you to correct them.