Iraqgunz, thanks for the info. However, the Colt MT6400 Carbine will work fine for me. I can’t have a flash hider and don’t like muzzle brakes, this has a regular crowned barrel. Once I swap the pinned non functioning collapsible stock for the A2 stock from my Stag this will be exactly how I want my AR15 to be. I’m going to put my Aimpoint PRO and fixed rear sight on it, as well as get a good drop-in quad rail, front hand grip, compact light and single point sling on it.
SMETNA & warner41, this is from another site. I’ve read and been told this a lot of times. Non of our local dealers have any Colts roll marked AR15. I’m not going to take a chance. I’m perfectly satisfied with with a “post-ban” compliant Colt MT6400 Carbine. This will be my third AR15. Both of the other two were/are “post-ban” compliant too.
[i]Q: What is a “semiautomatic assault weapon” (SAW)?
A: A SAW is a rifle, shotgun, or pistol manufactured after September 14, 1994 with certain “evil” features. See below for more information regarding the state law as it pertains to rifles, shotguns and pistols.
Rifles
To qualify as a SAW, a rifle must be semiautomatic (otherwise known as auto-loading) and must be able to accept a detachable magazine. A post-ban rifle that qualifies as a SAW must not have more than one “evil” feature. These “evil” features are as follows:
•A pistol grip
•A flash hider or a threaded barrel that can readily accept a flash hider or suppressor
•A folding or telescoping stock
•A bayonet lug
•A grenade launcher
Shotguns
To qualify as a SAW, a shotgun must be semiautomatic. As with semi-auto rifles, it must not have more than one “evil” feature. These “evil” features are as follows:
•A fixed magazine capacity greater than 5 rounds
•A folding or telescoping stock
•A pistol grip
•The ability to accept a detachable magazine (Please note that while this is an evil feature of shotguns, it is not one for rifles)
Pistols
In order to qualify as a SAW, a pistol must be semiautomatic and be able to accept a detachable magazine. It may not have more than one “evil” feature. These “evil” features are as follows:
•A threaded barrel capable of accepting a sound suppressor, forward grip, barrel extension, or flash hider
•A barrel shroud that partially or completely encircles the barrel
•A magazine that attaches to the pistol outside of the pistol grip
•A manufactured weight of 50 ounces or greater unloaded
The law also states that semi-automatic versions of fully-automatic weapons are illegal, but this is rather ambiguous. Many of us here in NYS own AR-15 rifles and AK-47 clones.
Furthermore, the AWB states:
1.) [b]Assault weapon means:
•Any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:
•Norinco, Polytech, and Mitchell Avtomat Kalashnikovs (AK-47’s);
•Action Arms IMI (Israeli Military Industries) Uzi and Galil;
•Beretta AR-70 (SC-70);
•Colt AR-15;
•Fabrique Nationale FAL, LAR, and FNC;
•SWD M-10, M-11, M 11/9, M-12;
•Steyr AUG;
•INTRATEC TEC-9, TEC-DC9 and TEC-22;[/b]
•Revolving cylinder shotguns such as (or similar to) the Street Sweeper or Striker 12
What this list means is post-ban Colt rifles with an “AR-15” roll mark are not legal. Note: If the rifle is marked “Sporter” instead of “AR-15,” it is legal despite the fact it is the same machine. Again, pre-bans are exempt.
Q: But my post-ban Bushmaster XM-15 is the same as a Colt AR-15! According to the list, is it illegal?
A: No. Your post-ban Bushmaster is perfectly legal to own as long as you keep it within the law.
Q: I saw a Remington 870 shotgun in Gander Mtn. and it had a capacity of 8 rounds and a collapsing stock. Isn’t that an assault weapon?
A: No! Under the AWB, it is exempt because it is not a semiautomatic shotgun. It’s a pump action so it can have the whole list of evil features and still be perfectly legal. The law exempts certain weapons by stating:
•Assault weapons do not include:
•Any rifle, shotgun, or pistol that: is manually operated by bolt, pump, slide or lever action; or has been rendered permanently inoperable;
•An antique firearm as defined under federal law;
•A semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammo;
•A semiautomatic shotgun that cannot hold more than 5 rounds of ammo in a fixed or detachable magazine;
A rifle, shotgun or pistol, or a replica or a duplicate thereof, specifically exempted from the federal assault weapon ban list as such weapon was manufactured on October 1, 1993.
Q: I have a pre-ban Bushmaster lower receiver. Do I have to use pre-ban parts to build it into a legal rifle?
A: No! You can buy brand new parts for your rifle; they don’t have to be pre-ban. Go onto any vendor of manufacturer on the web, and order yourself the most evil upper you like. As long as you obey other applicable state and federal laws, you can build your dream AR-15 style weapon with a pre-ban receiver.
Q: I have a PWA pre-ban lower and I’m not sure it was a complete rifle before the ban. Can I build it into a pre-ban rifle?
A: Yes, it is legal to build into a pre-ban rifle. Note there is no official, written ruling from any authority in NY. If you are uncomfortable building on such a receiver then you don’t have to. As with anything you should proceed in the manner you’re comfortable with.
Q: I have a post-ban rifle with a barrel threaded at the muzzle, but the muzzle brake is welded on permanently. The ATF ruled this was legal under the federal ban. NYS has no ruling regarding this. Is it legal per the NYS AWB?
A: Again, yes/no/maybe. Authorities in NYS have not made any rulings on any part of the AWB. So the simple answer is nobody really knows. Most people feel if you abide by the BATFE ruling that states the muzzle brake must be welded on with 1100 degree silver solder, you should be good to go. Others feel that if you have such barrels with welded muzzle brakes, you’re leaving yourself open to prosecution and being the test case for rulings regarding the NYS AWB. It really depends on what you’re comfortable with. If you don’t have any post-ban rifles with threaded barrels, you don’t have anything to worry about. If you do have a post-ban rifle with a threaded barrel and a pinned/welded muzzle brake, you probably still have nothing to worry about as you have the federal rulings on your side, but there is a risk. It’s up to you how you fit out your post-ban rifles.
Q: Can I install a vertical foregrip (VFG) on my post-ban rifle?
A: Yes. There are no restrictions regarding VFG’s.
Q: Are high capacity magazines legal?
A: Newly manufactured large capacity ammunition feeding devices (hi-cap mags) with a capacity of more than 10-rounds are not legal. However, those made before that magical date of September 14, 1994 are exempt from the law, no matter what their capacity is. Even 100 round pre-ban Beta magazines are legal, but they cost a small fortune.
Q: Can I use pre-ban magazines in post-ban weapons?
A: This is a very frequently asked question. It is a common misconception; “a gun-show myth” even, that pre-ban magazines can only be used in pre-ban weapons. The answer is yes; absolutely you can use pre-ban magazines in any weapon, post-ban or otherwise. So go ahead, splurge on that pre-ban Beta mag and have fun until your post-ban barrel melts!
Q: Since the federal ban has sunset and new magazines are being made without LEO markings, is it safe to purchase new manufacture magazines as there is no way to prove whether they are pre-ban or not?
A: Do whatever you want; it’s your ass on the line, not anybody else’s. Frankly, there are plenty of pre-bans out there for the taking, so why risk it? Get some pre-bans, be able to prove their date of manufacture, and have fun without fear of losing your guns or the right to own guns over a stupid and ineffective law.
Q: I see a lot of ads on Gunbroker.com for pre-ban stuff. Is there really that much stuff out there?
A: No. There are vendors on Gunbroker who are listing their no-ban wares as pre-ban. What the ad is stating is the weapon or part is “pre-ban” only in the sense that its configuration is that of a weapon before the ban, even if the weapon or part was made after the ban. Buyer beware! Make sure you establish pre-ban (pre-September 14, 1994) status before you bid- it’s your ass, not the seller’s!
Q: I was looking through the photo galleries in the technical forums, and I saw that some members have rifles with barrels shorter than 16”. Can I own those here in NY?
A: No. Full auto weapons, short-barreled rifles (SBR’s; rifles with barrel lengths shorter than 16 inches), short-barreled shotguns (SBS’; shotguns with barrel lengths shorter than 18 inches) and other fun NFA (National Firearms Act) toys are not legal here, with exceptions. You can get a smooth-bore 12GA. shotgun pistol like the Serbu (considered an AOW; Any Other Weapon) on your pistol permit. Destructive devices (DD’s) are also AOW’s and not prohibited by NYS laws either. For any NFA stuff, you have to go through your local chief law enforcement officer for a signature on your BATFE paperwork. With some counties in NY, getting a sign-off on a Form 4 is a pipe dream[/i]
I’m not trying to start a p!ssing contest here, I appreciate all the members and advice on this site. You guys and gals are great. Like I said, I’m not going to take any chances.
Thanks for your replies, NYH1! 