[toolmanm203]

I just contacted wla to order two receivers for my builds and they don't ship to N.Y. state! they will try(pass them on to the higher ups) if I can produce a written bill that states it is legal to own these here but my question to you guys is does anyone have any info on where I should start with this? there has got to be one N.Y. resident here on the site with experience on this matter,and more importantly what about the guys that may be building one without the knowledge of legality?(not that I know anyone personally) anybody's input would be greatly appreciated. thanks yours truly SOL?

 

[30calmachinegunner]

what type of receivers?

 

[toolmanm203]

sorry mg42/m53

 

[UncleDad]

...............

 

[Shattered]

Maybe it's got something to do with living in a Communist state?

 

[blackrifles]

Toolman,

Lots of dealers creating probs that shouldn't exist, you just have to find the solution, see if a order from a NY FFL changes things.

 

[toolmanm203]

ok I have just spent FOUR HOURS on the phone with every batf,state trooper that would speak to me and the attorney generals office just to have them keep sending me somewhere else! the ag's office just told me to contact the dept. of justice or state senators office because nobody seems to have any answers or know anything about this and it's not thier job. now what? any ideas?

 

[stanamale1]

receiver

Find an ffl near you that will sign a letter stating it is legal for you to have a semi-auto belt fed rifle. stan

 

[toolmanm203]

wise lite arms will only accecpt a written letter from New York state determining that the m53 receiver(specifically)is legal and then they will only submit that to the higher ups to try and change thier mind on the ruling so they can sell one here but the other problem is NYS laws are not specific to a gun so my chances are slim to none and it sounds like slim just took a bus out of town!!! so I geuss i'm screwed?

 

[cpobr]

Check the NY Penal Law article which governs firearms (I think it is the 400 section). If it is not specifically banned, it is permitted.

 

[AaronHorrocks]

I know how you feel man!

Too many times companies and even private sellers over the net refuse to sell me something that's perfectly legal in my state, because they misunderstand a law, think that certain laws exist that don't, or they're so paranoid of my state's legal system, law enforcement, and DOJ, that they simply refuse... Reguardless of any debates, facts, or proof.

 

[alamosaddles]

ok I have just spent FOUR HOURS on the phone with every batf,state trooper that would speak to me and the attorney generals office just to have them keep sending me somewhere else! the ag's office just told me to contact the dept. of justice or state senators office because nobody seems to have any answers or know anything about this and it's not thier job. now what? any ideas?

New York law specifically prohibits assault weapons not already possessed as of 1994. They go on to define what they call an assault weapon. Specifically they say:

An "assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; (v) a grenade launcher; (v) a semiautomatic version of an automatic rifle, shotgun or firearm; or (d) any of the weapons, or functioning frames or receivers of such weapons,


So what does NY State law say about firearms, rifles etc? In my interpretation of your state law, you are screwed. The MG42 falls under the definition of a prohibited weapon.. Clearly, there is not going to be a bill that says "NY residents can possess an MG42 in semiautomatic form....Trying to prove a negative is not easy.

I have amended my post, as I have found that NY law seems to ban an MG42 due to it's characteristics. Sorry..

 

[alamosaddles]

Check the NY Penal Law article which governs firearms (I think it is the 400 section). If it is not specifically banned, it is permitted.

I agree, I am not privy to many fireaarms laws that specifically allow a particular weapon. They will specifically ban a weapon by name or by characteristic.

 

[toolmanm203]

actually the gun meets all criteria the only post ban feature is the pistol grip the other one in question was the flash supressor but on the mg 42 it is a "flash hider" which there is no mention of in NYS law, if you have two or more of the five features it is illegal in NYS but also unmentioned (and not to mention the fact that NOBODY I talked to today could clarify)was that large capacity clips may have been banned but what about links or belts, they are not even mentioned anywhere! so is this one big gray area left for a reason or is it a loophole?, no one that I talked to today could even comment on it because they did not have a clue about them, interpretation or bullship! I am trying to do this legally but this is becoming like work damn it. I am not going to give up that easy, I wiil get an answer one way or the other!

 

[GUNRUNNER5150]

dude be careful the way you build it. Trying to say a flash suppressor and a hider are different in court could be mission impossible. I would take notes on how they build em in cali and go from there.

The scary part is

(v) a semiautomatic version of an automatic rifle, shotgun or firearm

GR

 

[Roc Rat]

I know how you feel my brother,, I live in the ******* State of NY too. Everytime I see a sale of Hi Cap mags or other Verboten items, I want to strangle someone. I have found that it is easier to simply go out of state and buy stuff over the counter. There are several shops in NH that I get most of my "banned" items from,, and there is no sales tax either.
Thing is,, what is the difference between the receiver that you want and an AK reciever,, or an AR or Mauser receiver. The only thing that the 4473 wants to know if its a rifle or pistol receiver.
When it comes to old Hi Caps,,, NYS law says you can have pre-94 mags,, but most companies won't ship. I can understand,, its just a liability thing,, NYS is tring to pass a balistic fingerprint bill,,, that will stop companies from shippin here,,,, too much trouble for S&W to manufacture a "NYS Friendly" Gun,,, they just won't ship. NYS will become a "used" gun state. And they will be priced sky high.

"F" NYS I have seen so much **** done by our NYSP driving down the highway,,, down right illegal and unsafe,,, got no respect anymore,,, too many bridges burnt. Stupid unsafe troopers pulling out in front of parrerby vehicles,,, I saw a old guy almost driven into a guardrail a couple of weeks ago because the cop just HAD to get a speeder,, I was cut off by a trooper last week,, stupid assholes,, and these are the folks that tell me what I can or cannot own???? F em!

 

[phalanx]

Careful Rock ,don't bad mouth NY , they get real angry and think you bad man.

 

[slowfire]

you guys are getting off track here, with the "AW" law.........if you read toolman's first post, he wants to buy 2 RECIEVERS, not a completed firearm.......while it is true that the receiver is a firearm, it is however just a receiver, with zero evil features, here is no FH on them etc.......just like a AK receiver, which can be legally bought and sold in NYS....... but how one builds its, it's a different matter.

so unless here is a law in NYS that says, no firearm receivers can be owned , which there isn't one, the seller has no leg to stand on saying that the receiver is illegal, or would put the seller in any legal bind. it's a receiver. all the law says is about the configuration of a weapon....which is on the end user to comply with.

 

[panaceabeachbum]

I know how you feel man!

or they're so paranoid of my state's legal system, law enforcement, and DOJ, that they simply refuse... Reguardless of any debates, facts, or proof.

You hit the nail on the head , NY NJ CT CA and other states that make up oppressive unconstitutional laws simply make it impossible for those of us that live in free states to keep up . Simply put there is just to much bullshit for us to keep up with , its easier to just refuse to sell certain items to folks in those states than possibly risk become a felon over some silly local law we cant keep up with.

Its not that any of us have anything against you personaly but a couple of the above mentioned states have spent thousands of hours and tons of money actively trying to entrap vendors in free states into selling prohibited items. With the risk involved and the possibility of being the next casualty of some anti gun nuts personal crusade its just not worth it .


I feel your pain but you have to see it from our point of view.

 

[alamosaddles]

you guys are getting off track here, with the "AW" law.........if you read toolman's first post, he wants to buy 2 RECIEVERS, not a completed firearm.......while it is true that the receiver is a firearm, it is however just a receiver, with zero evil features, here is no FH on them etc.......just like a AK receiver, which can be legally bought and sold in NYS....... but how one builds its, it's a different matter.

so unless here is a law in NYS that says, no firearm receivers can be owned , which there isn't one,

If you read the statute again, they in fact do state that such a receiver is illegal as they deem it an assault weapon. See the highlighted portion below.

An "assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; (v) a grenade launcher; (v) a semiautomatic version of an automatic rifle, shotgun or firearm ; or (d) any of the weapons, or functioning frames or receivers of such weapons,

Here NYS law clearly states that a receiver of such weapon classifies as an assault weapon.

Under NYS law, an AK receiver is actually illegal if it was not already posessed in 1994. I'm only going by their own statute, as an AK receiver is also a semiauto receiver version of an automatic weapon.