New Bushmaster "pre-ban" on Post ban lower - in NY!

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shield20

New member
So I go into my favorite gunshop Friday evening looking to find 'something' - but especially wanting to check M4 style Bushmasters. Low and behold on the wall is a "pre-ban" Bushmaster 20" HBar - which is currently REAL high on my ideal choice list - and at a real nice price ($795)!!! So I check it over - all looks fine, excellent condition. So i make the deal (with a Bayo to go with it). Then 1st thing I do is go back to work & check the serial number - "BFIxxxxx.." WOAH! Post ban receiver!!:eek: :mad: :(

Shop is closed, so I lose a bunch of sleep that night, and shoot back 1st thing in the morning - owner listens, I show him print out from Bushmaster site - says he didn't realize - he refunds money w/o hesitation.

OK - so no problems - BUT!!! What if? Does ignorance on my part (initially) constitute a defense? How 'bout the dealer's ignorance (supposed)? Is the dealer stuck with it or the upper or can he as an FFL sell it off? Does he have any responsibility in regards to the guy he got it from?
 
I am assuming that the state of New York still has an assault weapon ban in effect. The federal rules for "pre-ban" and "post-ban" pretty much went out the window two years ago.

Can anyone confirm this?
 
Yep - definitely still a no-no in good 'ole NY, and after this past election - pretty sure it won't change anytime soon.:mad: Pataki snuck this in ("simply to duplicate the federal ban") in 2000. Currently possession is a class d felony.

Anyway, went back to the store this AM and the gun is right back up there on the wall.
 
I'd tell the dealer he needs to remedy that situation. He's deciding to take some money and make someone a felon.
 
Like the vast majority of NYers (police and attorneys included), the dealer probably doesn't know squat about the NY assault rifle ban's details. Of course that doesn't excuse him since ignorance of the law is no defense (an idea which I find heinous in a time when there are millions of laws on the books).
To be a nice guy and give him a second chance, tell him how to remedy the situation. He can grind off the bayo lug, silver solder on a NY legal muzzle device or just swap barrels for a post ban tube. Alternatively he can sell the upper to someone with a preban,and sell the lower seperately. He can take them apart at the bare minimum.
Pataki didn't exactly sneak this thing in. If they voted for it today,I'm certain the Legislature (even the Repub Senate) would still approve of it.
Gunowners who care about assault rifles are inconsequential vs their opponents in the scheme of NY politics.
 
wow, that guy doesnt care 'bout his customers.
it looks like he dosen't care too much for his FFL and his lively hood usless he's just another millionair having fun.
 
He seems the nicest of guys really - older gent in business for years and years. I never had any issues shopping there, returning an item, swapping something in/out etc. (which I do alot), alot of used guns so some problems but he tends to make sure one would be happy. This time I lost alot of confidence in the place. The 1st time I could give him the benefit of the doubt - but not again - he knows what he has, and definitely should know the laws involved, and what could happen to the next unknowing buyer, but also how it easily would come back to him as the seller.

What I wasn't sure of was his status as an FFL re: ASW. Is he immune to the ASW ban dealer-wise? Seems he could do a few things w/o getting stuck as Poodle described; so putting it right back up on the wall is pretty weak.
 
NY is very interesting.
So interesting I will never go back.

This old man I know told me he lived in upstate NY, he applied for a carry permit, and was turned down, he then made a 10,000 dollar donation to a highschool for their new gym, put that on his new carry permit form then was approved.

All of this of course from direct (off the record) counsel from a police officer high up in the ranks....:barf:
 
Is he immune to the ASW ban dealer-wise?
Click to expand...
No,he has no special protections as an FFL.
Any NY police officer who knew the law could come in and arrest him if the rifle remained in that configuration. Fortunately,most NY police officers don't have lists of pre-ban lower serial numbers in their trunk,and the list of those who know exactly which manufacturers were around prior to '94 is probably even smaller. That's why the law is practically unenforced.
Since you're papered on a 4473 for that rifle, I'd let the NY officers enforce the ridiculously complex and ill informed laws passed by their ignorant government on their own time. Ask the owner to contact Bushmaster so they can let him know the receiver's date of manufacture. If he ignores that advice, he's on his own....
 
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