Need Help with Assault Rifle Defenitions in NYC

Tankist

New member
Does anyone here know what the deal is with NYC's defenitions of an "Assault Rifle" I am about to go out to apply for a permit but I'm getting a lot of conflicting info in regards to what I can and can't own within the NYC (not NY state area). Can you own something like AR-15 or AK-47 in Brooklyn or are they banned by name? If so any idea as to what you can own?

Thanks very much in advance.
 
There are no specific names of AW's listed in the NYC code, but NYC code does have a stricter definition of an AW, ie, semi-auto and only ONE other feature (as opposed to federal law, which states TWO other features). Also, there is no 'preban' AW and no 'antique' AW in NYC.

Also, no mags that hold over 5 rounds, period.

So, short answer is NO AW's in NYC, and there is no permit for one for normal civilians, not even liscensed dealers (other than theatrical dealers) or LEOs.



Long answer is the following, actual codes:

NYC definition of AW:

"10-301. Control and regulation of the
disposition, purchase and possession of fire-
arms, rifles, shotguns, and assault weapons.
16. “Assault weapon.”
(a) Any semi-automatic centerfire or rimfire rifle
or semi-automatic shotgun which has one or
more of the following features:
1. folding or telescoping stock or no stock;
2. pistol grip that protrudes conspicuously
beneath the action of the weapon;
3. bayonet mount;
4. flash suppressor or threaded barrel
designed to accommodate a flash suppressor;
5. barrel shroud;
6. grenade launcher; or
7. modifications of such features, or other
features, determined by rule of the
commissioner to be particularly suitable for
military and not sporting purposes. In addition,
the commissioner shall, by rule, designate
specific semi-automatic centerfire or rimfire rifles
or semiautomatic shotguns, identified by make,
model and/or manufacturer’s name, as within
the definition of assault weapon, if the commis-
sioner determines that such weapons are
particularly suitable for military and not sporting
purposes.
(b) Any shotgun with a revolving-cylinder
magazine.
(c) Any part, or combination of parts,
designed or redesigned or intended to readily
convert a rifle or shotgun into an assault
weapon.
(d) “Assault weapon” shall not include any
rifle or shotgun modified to render it permanently
inoperative."

NYC's stance on AW's:

"10-303.1. Prohibition of the possession or
disposition of assault weapons.
a. It shall be unlawful for any person to
possess or dispose of any assault weapon with-
in the city of New York, except as provided in
subdivision d, e or f of this section or section 10-
305. A person who peaceably surrenders an
assault weapon to the commissioner pursuant to
subdivision d, e or f of this section or subdivision
f of section 10-305 shall not be subject to the
criminal or civil penalties set forth in this section.


10-303.1. Prohibition of the possession or
disposition of assault weapons.

a. It shall be unlawful for any person to
possess or dispose of any assault weapon with-
in the city of New York, except as provided in
subdivision d, e or f of this section or section 10-
305. A person who peaceably surrenders an
assault weapon to the commissioner pursuant to
subdivision d, e or f of this section or subdivision

d. Disposition of assault weapons by
permittees, licensees and previously exempt
persons. Any person who, on or after the
effective date of this local law, shall possess an
assault weapon and a valid permit for posses-
sion and purchase of rifles and shotguns and a
certificate of registration for such assault wea-
pon, and any licensed dealer in firearms or
licensed dealer in rifles and shotguns who is not
licensed as a special theatrical dealer and who,
on or after the effective date of this local law,
shall possess an assault weapon, and any po-
lice officer or peace officer who, before the
effective date of this law was exempt from the
sections of the administrative code requiring rifle
and shotgun permits and certificates, and who,
upon the effective date of this local law, is not
exempt from the sections of the administrative
code prohibiting the possession or disposition of
assault weapons, and who, on or after the
effective date of this local law, shall possess an
assault weapon, shall, within ninety days of the
effective date of rules promulgated by the
commissioner pursuant to subparagraph 7 of
paragraph a of subdivision 16 of section 10-301,
either:
(1) peaceably surrender his or her assault
weapon pursuant to subdivision f of section 10-
305 for the purpose of destruction of such
weapon by the com-missioner, provided that the
commissioner may authorize the use of such
weapon by the department; or
(2) lawfully remove such assault weapon from
the city of New York. All assault weapons pos-
sessed by such permittees, licensees and previ-
ously exempt persons shall be subject to the
provisions of this subdivision, whether de-fined
as assault weapons in subdivision 16 of section
10-301 or in rules promulgated by the commis-
sioner pursuant to subparagraph 7 of paragraph
a of subdivision 16 of section 10-301."



Sorry man. :( Don't shoot the messenger (oh ya - you can't, without a special permit, and especially not with an AR! :D )
 
Great, just great....

Look at all of this crap, no wonder no one know's what going on. Ask 3 different people you get 3 different answers.

That's pretty much what I figured though. No AW's in NYC. That must be another reason why we feel so safe here.

Thanks very much for your very informative reply.
 
You may not have to completely write off yet. Call your district's Chief Sargeant and/or Chief Investigator in charge. Find out their stance on thumbhole stocks.

If thumbholes are alright, you might be able to pick up an AK with a 5-rd mag and a muzzle brake.

Although, for the hassle you may get right now (you know - the whole plane-thing) for applying for any sort of rifle or pistol, you may want to leave the AW-look-alikes alone for now. Get a rifle permit and pick you up a nice Remington 700 bolt action in your choice of caliber.

Then, find a friend in upstate that'll hold your preban AR15 SP1 for you until you figure out a way to live outside the city.;)
 
This is such a load, I have friends that live on Long Island 10 miles away from me. They own everything from Ingram's and Uzi's to top line H&K's AR's AK's etc. And most of them are not LEO's. Since Long Island is not NYC it's legal to own all kinds of AW's.

Hassle is right. But's I don't think it will be worse then the one I got at the FEDex office on the 13th when I tried to ship a pistol back to Colt for repair. Since you have to tell them what you're sending, when they heard I had a firearm in there... They did everyhing but hit the deck. I'd like think that it was the result of the events on the 11th. Unfortunately the same thing happened when I was sending my P7 to get hard chromed. People are very squimish about guns in this town.

You're right. It's not worth the trouble. I think I'd rather wait till I move some place more AW friendly.
 
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