Question About Owning an SVT-40 in NY

[MackB55]

I'm considering purchasing an SVT-40 made in 1941. I'm concerned about the legality. I've read a lot online and it is all conflicting. Some say I can still register it as an assault weapon and it will not be a problem as it is a C&R. Others are saying that registration is closed for all weapons including C&R.

I appreciate any assistance.

-Mack

 

[libertysnake]

Is there a way to fix the mag? That would basically eliminate all the other requirements, would it not?

If not, then you have to make sure the mounting lugs for the bayonet (the only portion that is specifically only for the purpose of the bayonet and has no other use) have to be removed, threads can't be present / cap has to be welded on I believe as well. It doesn't look like foregrip / folding stock is an option here so probably not an issue, but those also need to not be present. It doesn't use a separate grip for the hand webbing, but if you do add one for whatever reason and a different stock config, I'd suggest you go with a spur or shorter as it's pretty clearly not a full hand grip like a pistol, so there is no "pistol style grasp" to align with how to law is written / described.

I do not know of what the C&R status is of the SVT-40 itself though -- so someone else here may have more info.

Regardless none of us are lawyers and the NYSP has never issued determinations on parts being kosher, so we're all just trying our best here.

 

[MackB55]

Is there a way to fix the mag? That would basically eliminate all the other requirements, would it not?

If not, then you have to make sure the mounting lugs for the bayonet (the only portion that is specifically only for the purpose of the bayonet and has no other use) have to be removed, threads can't be present / cap has to be welded on I believe as well. It doesn't look like foregrip / folding stock is an option here so probably not an issue, but those also need to not be present. It doesn't use a separate grip for the hand webbing, but if you do add one for whatever reason and a different stock config, I'd suggest you go with a spur or shorter as it's pretty clearly not a full hand grip like a pistol, so there is no "pistol style grasp" to align with how to law is written / described.

I do not know of what the C&R status is of the SVT-40 itself though -- so someone else here may have more info.

Regardless none of us are lawyers and the NYSP has never issued determinations on parts being kosher, so we're all just trying our best here.

Thank you for the quick response. By "fix" the mag you mean make it non-removable? If that cant be done then remove the bayonet lug?

 

[libertysnake]

Thank you for the quick response. By "fix" the mag you mean make it non-removable? If that cant be done then remove the bayonet lug?

My understanding is the entire assault weapons law hinges on the mag being removeable easily. There are fixed magazine options for AR-15s that you ultimately have to epoxy into place to some degree, but once done it makes it only loadable via a clip into the mag directly, which is affixed and not removeable during normal operation.

“‘Assault weapon means a semiautomatic rifle that has the ability to accept a detachable magazine and has at least one of the following characteristics: (1) a folding or telescoping stock; (2) a pistol grip that protrudes conspicuously beneath the action of the weapon; (3) a thumbhole stock; (4) a second handgrip or protruding grip that can be held by the non-trigger hand; (5) a bayonet mount; (6) a flash suppressor or muzzle break or muzzle compensator or a threaded barrel designed to accommodate a flash suppressor or muzzle break or muzzle compensator; or (7) a grenade launcher.”

Remove the ability of the magazine to be removed, and it not longer fits the definition by law is my understanding. Otherwise you need to meet the other characteristics by making sure they're not present (Although NYSP refuse to judge what is and isn't good enough, but many options used seem to be ok as we don't hear about people getting arrested at gun shows over selling compliant options).

 

[ManrisFrack]

Article 400, Paragraph 16-a:

"any weapon defined under subparagraph (vi) of paragraph (g) of subdivision twenty-two of section 265.00 of this chapter transferred into the state may be registered at any time, provided such weapons are registered within thirty days of their transfer into the state."

The section the above quote references is one corresponding to a firearm, rifle or shotgun manufactured at least 50 ago.

You should still be able to register it without mutilating it. If you can find an AR-15 from the 60's you should be able to register that too.

 

[MackB55]

Article 400, Paragraph 16-a:

"any weapon defined under subparagraph (vi) of paragraph (g) of subdivision twenty-two of section 265.00 of this chapter transferred into the state may be registered at any time, provided such weapons are registered within thirty days of their transfer into the state."

The section the above quote references is one corresponding to a firearm, rifle or shotgun manufactured at least 50 ago.

You should still be able to register it without mutilating it. If you can find an AR-15 from the 60's you should be able to register that too.

Thanks so much. Do you know if this applies if the gun is purchased out fo state.
Thanks.

 

[ManrisFrack]

Thanks so much. Do you know if this applies if the gun is purchased out fo state.
Thanks.

It does mention transfer into the state, so I assume so. I'm certainly not a lawyer though - my advice is worth what you paid for it.

 

[4WHLDRFTN]

SVT40 has no pistol grip

 

[MackB55]

It does mention transfer into the state, so I assume so. I'm certainly not a lawyer though - my advice is worth what you paid for it.

Thank you, I appreciate the help.
Do you know of anyone who has registered a firearm recently?

 

[enigma]

SVT40 has no pistol grip

Yeah, but it has a bayonet lug, a muzzle brake, and a threaded barrel. Any one of those with a detachable magazine makes it an assault rifle.

 

[Modean]

It’s a C&R, and an antique as defined by the SAFE Act. It’s fine. It has to be registered within 30 days of bringing it into the state.

 

[Cooolone]

And of course you bothered to contact your county clerk and asked this question as well, right?

It doesn't hurt ... And might save you some headaches later!

 

[Grimscale]

There are fixed magazine options for AR-15s that you ultimately have to epoxy into place to some degree,

Wait.... the law states it has to be epoxied?

 

[Modean]

Wait.... the law states it has to be epoxied?

No, it does not.

 

[Saltwater60]

Call the state police. They will be the ones registering it. View the safe act web site and be fimilar with it since many in the state police are not. Make sure you know the manufacture date for sure.
There is a form you fill out and email/mail in. View the form. It’s pretty simple.

Gun Safety in New York State

safeact.ny.gov

 

[MackB55]

Call the state police. They will be the ones registering it. View the safe act web site and be fimilar with it since many in the state police are not. Make sure you know the manufacture date for sure.
There is a form you fill out and email/mail in. View the form. It’s pretty simple.

Gun Safety in New York State

safeact.ny.gov

Thank you very much. I will be doing this.