How can an AR pistol work under the NY safe act

[Briwesk85]

So with all the hubbub with the ATF redefining AR pistols, it got me thinking. I own an AR pistol that was placed on my permit, but after talking to someone today, and looking over the pistol section of the UN-safe act for NY, an AR pistol clearly would fall under assault weapon, even with a brace or a shockwave fin, and even with a magazine lock.
I’d be honestly afraid to take this out of my house since according to safe act, this would be an assault weapon.

am I wrong?

 

[spat]

So with all the hubbub with the ATF redefining AR pistols, it got me thinking. I own an AR pistol that was placed on my permit, but after talking to someone today, and looking over the pistol section of the UN-safe act for NY, an AR pistol clearly would fall under assault weapon, even with a brace or a shockwave fin, and even with a magazine lock.
I’d be honestly afraid to take this out of my house since according to safe act, this would be an assault weapon.

am I wrong?

Nothing with a fixed magazine falls under SAFE.

 

[DrBleachCocktail]

Nothing with a fixed magazine falls under SAFE.

Fixed mag SBR?

 

[dsdmmat]

Fixed mag SBR?

SBR was not a safe act Thing. They were illegal prior to the abomination being passed.

 

[Briwesk85]

Nothing with a fixed magazine falls under SAFE.

Oh, ok then. I didn’t realize the answer was that easy! Mine is fixed. But for pistols it says semi automatic, and x amount of features. Since it’s semi auto, it also has a threaded barrel.

 

[SomeSoldier]

Oh, ok then. I didn’t realize the answer was that easy! Mine is fixed. But for pistols it says semi automatic, and x amount of features. Since it’s semi auto, it also has a threaded barrel.

As soon as you fix the mag the rest of the law goes out the window.

 

[Edwardteach72]

Oh, ok then. I didn’t realize the answer was that easy! Mine is fixed. But for pistols it says semi automatic, and x amount of features. Since it’s semi auto, it also has a threaded barrel.

No it says semiautomatic with ability to accept a detachable magazine

 

[Briwesk85]

No it says semiautomatic with ability to accept a detachable magazine

View attachment 93420

I’m seeing this. The safe act says any semi automatic and the following.

 

[Edwardteach72]

I’m seeing this. The safe act says any semi automatic and the following.

I mean

Actual text from the law > some stupid ass power point from the state???

 

[Briwesk85]

I mean

Actual text from the law > some stupid ass power point from the state???

Haha touche! Yep, I found the written law and the written law supersedes the shit PowerPoint.
Thanks for the confirmation. I feel better about it

 

[Saltwater60]

Haha touche! Yep, I found the written law and the written law supersedes the shit PowerPoint.
Thanks for the confirmation. I feel better about it

You’re good to go if it’s fixed mag. I wouldn’t lie to you. Trust the internet lawyers.

 

[Blimey]

I’m seeing this. The safe act says any semi automatic and the following.

That link you have, although from ny gov, is a fantastical piece of tripe and can claim that green hats are illegal. Unless the penal law says so, though, they aren’t.

it is incongruent with the actual penal code; it can be ignored.

 

[cgrutt]

Agree with fixed mag you are GTG. As for the PowerPoint to be fair nearly all modern pistols are semiautomatic with ability to accept a detachable mag. Fixing the mag was a work around within NYS and renders such pistol an anomoly for the range IMO. Also not on PowerPoint would be the fact that such pistol would have also been GTG with detachable mag if legally possessed prior to unSAFE and registered. It is a guideline but not law and doesn't cover everything.

 

[spat]

Fixed mag SBR?

Falls under NFA, and other NY laws but not SAFE.

 

[Hierlevelz]

I’m seeing this. The safe act says any semi automatic and the following.

I myself was looking to add one to my pistol permit but after having read the PP on the safeact website came to the same conclusion that despite the magazine being fixed it was still considered an AW as per the wording on the safe act website. I had no idea that wording in the penal code is in fact different and the fixed magazine invalidates it as an assault weapon. Guess I'm back to square one. But with the ATF reversing their stance on the arm braces, where does that put the fixed magazine pistol ARs?

 

[cgrutt]

I myself was looking to add one to my pistol permit but after having read the PP on the safeact website came to the same conclusion that despite the magazine being fixed it was still considered an AW as per the wording on the safe act website. I had no idea that wording in the penal code is in fact different and the fixed magazine invalidates it as an assault weapon. Guess I'm back to square one. But with the ATF reversing their stance on the arm braces, where does that put the fixed magazine pistol ARs?

I'm not fully up to date with this and I'm sure others will chime in but believe the arm brace position deals with AOW, which are not pistols. An AR Pistol with Fixed Mag that is listed on your NYS Permit should be GTG.

ETA sorry not AOW, SBR. If pistol configuration is deemed to be an SBR it would fail within NYS under federal law not necessarily SAFE. A fixed mag pistol not deemed to be an SBR would be GTG within NYS if on your permit. So bottom line I'm not sure if you can have a pistol brace or not. Sorry for confusion.

 

[DrBleachCocktail]

Could get a fixed mag or a bolt action AR pistol.

 

[Truebeliever]

Thank you. I was not aware of the detachable magazine requirement.