|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
January 20, 2013, 05:22 PM | #1 |
Senior Member
Join Date: August 19, 2000
Location: Michigan
Posts: 580
|
Is a M1 garand legal to own in NY?
I have a friend in New York state and aked me if I knew if a M1 garand is legal under the new law? I don't know so I'm going to ask here. Anyone know?
__________________
Know of that you speak, Amos |
January 20, 2013, 05:29 PM | #2 |
Senior Member
Join Date: February 8, 2008
Location: Denver, CO
Posts: 1,925
|
The new law says you can keep mags (or clips) up to 10 rounds, but can only load them to 7. You'll have to load the en-bloc to 7 rounds somehow.
Either buying one of those odd capacity clips like they make for competition shooting, or filling the 8th space with a dummy round. But since the gun has a bayonet lug, does that mean it can be owned? And would you want to grind off the lug to own it? |
January 20, 2013, 06:41 PM | #3 | |
Senior Member
Join Date: December 20, 2012
Location: Sweet Home
Posts: 886
|
Quote:
__________________
Tomorrow is the most important thing in life. Comes into us at midnight very clean. It's perfect when it arrives and it puts itself in our hands. It hopes we've learned something from yesterday. |
|
January 20, 2013, 07:40 PM | #4 |
Member
Join Date: November 18, 2009
Posts: 25
|
Brownells sells 5 round enblocs. There is also a technique for loading less than 8 rounds in a standard enbloc.
|
January 20, 2013, 08:01 PM | #5 | |
Senior Member
Join Date: February 8, 2008
Location: Denver, CO
Posts: 1,925
|
Quote:
|
|
January 20, 2013, 08:02 PM | #6 |
Senior Member
Join Date: December 29, 2010
Location: Shoshoni Wyoming
Posts: 2,713
|
If the Constitution is the "SUPREME LAW of the LAND” how can such a question be asked?
The answer is simple. Cowardice is rampant and the surrender is in effect without there even being a fight. The soon censoring of this comment is still more proof of it's accuracy. |
January 20, 2013, 09:49 PM | #7 |
Senior Member
Join Date: December 3, 2002
Posts: 1,264
|
The law says "contains more than 7 rounds of ammunition."
Also, it says you can load up to 10 if you're at an actual range or competition. |
January 20, 2013, 10:20 PM | #8 |
Senior Member
Join Date: May 31, 2009
Location: Charleston, SC
Posts: 2,071
|
First it was 10 rounds, now 7, next it will be 4 rounds, and then 2, at what point do the people of this country and New York stand up and say enough is enough when it gets down to you can have any gun, but 0 ammo for them....
__________________
“The problem with socialism is that you eventually run out of other people's money.” -Margaret Thatcher- |
January 20, 2013, 10:30 PM | #9 | |
Senior Member
Join Date: December 20, 2012
Location: Sweet Home
Posts: 886
|
Quote:
__________________
Tomorrow is the most important thing in life. Comes into us at midnight very clean. It's perfect when it arrives and it puts itself in our hands. It hopes we've learned something from yesterday. |
|
January 20, 2013, 11:42 PM | #10 | |
Senior Member
Join Date: March 6, 2009
Location: Middle Tennessee
Posts: 1,128
|
Quote:
__________________
'Merica: Back to back World War Champs |
|
January 20, 2013, 11:53 PM | #11 |
Senior Member
Join Date: January 27, 2008
Posts: 2,199
|
Soap box, ballot box, and Jury box, come before the more nasty measures.
Fortunately, our nation has kept it to the more civil methods most of the time. Here's praying it will continue to utilize civil means for solving differences for a LONG time to come. Does NY's ban language include firearms with detachable mags, because the M1's is most certainly fixed. |
January 21, 2013, 03:46 AM | #12 |
Senior Member
Join Date: December 26, 2004
Location: Louisville KY
Posts: 13,806
|
I was thinking.
It's not even an LEO response on this. Enforcement will come from the range owner that doesn't want his operating license taken away because someone shows up with an M1 and standard 8rd clip. Enforcement of the 'law' will be from peer pressure. Pathetic. |
January 21, 2013, 01:21 PM | #13 |
Senior Member
Join Date: August 2, 2010
Location: Buffalo, N.Y.
Posts: 457
|
I have friends with the same problem and from what they have found out it should be grandfathered in as long as you don't load it to capacity. (Don't know about the bayonet lug) But what is really making them want to puke is the fact that there is no provision to pass their collection to their children. Once it's registered, when the original owner dies the State Police will show up, confiscate the gun, and destroy it. It is only grandfathered in for the original owner.
They are still looking into it though and if I find out different I will re-post. |
January 21, 2013, 01:45 PM | #14 |
Senior Member
Join Date: April 10, 2012
Location: San Diego CA
Posts: 6,876
|
Didn't congress pass something in the 50s or 60s that states any American can own a M1 garand or us military surplus rifle through the CMP or something like that ? I'm not sure how it reads or is written but my buddy had a M1 garand shipped directly to his house last year . We are in CA and he did not need to go through a FFL or anything . Fed-ex just drooped it off .
Does anybody know how the law or what ever it is works and would it trump any state laws .
__________________
If Jesus had a gun , he'd probably still be alive ! I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again . |
January 21, 2013, 01:58 PM | #15 |
Senior Member
Join Date: July 21, 2011
Location: Idaho
Posts: 7,839
|
this one went downhill fast...
or as my good friend ron might say...
__________________
ignore my complete lack of capitalization. I still have no problem correcting your grammar. I never said half the stuff people said I did-Albert Einstein You can't believe everything you read on the internet-Benjamin Franklin |
January 21, 2013, 02:30 PM | #16 |
Senior Member
Join Date: February 9, 2006
Location: Homes in Brooklyn, NY and in Pennsylvania.
Posts: 5,473
|
Language
The NYS SAFE act, which I have - complete - on my lap as I write this, refers to "ammunition" and "rounds" of ammunition, never bullets.
The M1 Garand is legal as far as I understand what I am reading. What are banned are "magazines that have the capacity to hold more than ten rounds of ammunition" As to the weapon itself.....is an en bloc clip a magazine? NYS has gone to a "one feature test" as a way to identify a firearm as an "assault weapon". If it has a detachable magazine that can hold more than ten rounds, and one other feature (a folding or telescopic stock, a pistol grip that protrudes conspicuously beneath the action of the gun, a thumbhole stock, a second handgrip or protruding grip that can be held by the nontrigger hand, a bayonet mount, a flash supressor...etc., a grenade launcher) it is an assault weapon. Shotguns and pistols very much the same in many details. No fixed mags of more than seven rounds on a semiauto SG. Pete
__________________
“Auto racing, bull fighting, and mountain climbing are the only real sports ... all others are games.” Ernest Hemingway ... NRA Life Member |
January 21, 2013, 02:37 PM | #17 | |
Senior Member
Join Date: October 18, 2011
Location: 609 NJ
Posts: 705
|
Quote:
In NJ you cannot have any guns shipped to you PERIOD. That INCLUDES Pre 1898 antiques, black power, and even BB guns. It also includes C&R holders... they still have to go through an 01ffl to have a c&r gun shipped here thus basically negating the usefulness of an 03c&r. Also, as far as US milsurps being allowed well thats just not true. The M1 carbine is illegal in NJ in all its variations... its banned by name.
__________________
"...with liberty and justice for all." (Must be 21. Void where prohibited. Some restrictions may apply. Not available in all states.) |
|
January 21, 2013, 10:06 PM | #18 |
Senior Member
Join Date: December 20, 2010
Location: New York
Posts: 953
|
M1 Garand is still legal, first it's not a detachable magazine. Second there is a C&R clause in the AWB law. Anything 50 years or older is considered a curio or relic and doesn't fall under the ban. Go ahead and order your CMP, you'll be fine. By the way there's an exemption for the 7 round rule for shooting at an incorporated firing range or in competition recognized by the NRA. Check out http://www.governor.ny.gov/2013/gun-reforms-faq for the FAQ on the new law.
Stu |
January 21, 2013, 10:12 PM | #19 |
Senior Member
Join Date: January 8, 2011
Location: Western PA.
Posts: 1,630
|
They picked the number 7, because it bans 95% of all handgun models in NY ... Period.
__________________
......................................................... "If Ands and Buts were Candy and Nuts, everyday would be like Christmas" |
January 22, 2013, 06:18 AM | #20 |
Member
Join Date: March 11, 2007
Location: Upstate New York
Posts: 49
|
M1 Rifle Magazine
Actually, the M1 rifle has a seven round magazine. Placing a full eight round clip in the rifle will not allow the bolt to close if there is a cartridge in the chamber. Loading a full clip only works while loading a completly empty rifle. As I read the new law, it only seems to address magazine capacity, not firearm capacity.
The question now becomes: how will the New York State Police regard the M1 clip? Or, for that matter, what about the military stripper clips used to fill magazines for M16/M4's or M1 carbines? This will hopefully be sorted out by April 15.
__________________
"There is nothing so frightening as ignorance in action." |
January 22, 2013, 07:56 AM | #21 |
Senior Member
Join Date: August 2, 2010
Location: Buffalo, N.Y.
Posts: 457
|
Metal god- The Federal Law cannot trump the State law if the State law is more restrictive. You are correct in the thinking that Federal law takes precedence over State, which takes precedence over, County, Town, Village. (Mix in whatever municipalities I did not mention) As you go down the food chain, municipalities CAN make the laws more restrictive, but they cannot make it more lenient. So, if you live in a lame state like me, you are at their mercy.
|
January 22, 2013, 08:27 AM | #22 | |
Senior Member
Join Date: October 14, 2009
Location: Sunshine and Keystone States
Posts: 4,461
|
Quote:
|
|
January 22, 2013, 09:35 AM | #23 | ||
Senior Member
Join Date: February 9, 2006
Location: Homes in Brooklyn, NY and in Pennsylvania.
Posts: 5,473
|
law
Quote:
About the "supreme law of the land"....don't hold your breath. The SC ruled (District of Columbia vs. Heller, 2008) that, while we have to right to keep and bear arms, that right is not unlimited. Quote:
Note regarding clips...as from the text of the law....s38 subdivision 23 of section 205: " 'Large capacity ammunition feeding device' means a magazine, belt, drum, feed strip or similar device that (A) has a capacity of, or that can readily be restored or converted to accept, more than ten rounds of ammunition or (B) contains more than seven rounds of ammunition....." That being quoted, the Garand and its en bloc clip fall under Section (C)...as a curio or relic. The feeding device was manufactured fifty years prior to the date of the law and is only capable of being used in a firearm, rifle, or shotgun that was manufactured at least 50 years prior to the current date. Replicas are not included. There is more....but not now. Pete
__________________
“Auto racing, bull fighting, and mountain climbing are the only real sports ... all others are games.” Ernest Hemingway ... NRA Life Member Last edited by darkgael; January 22, 2013 at 05:37 PM. |
||
January 22, 2013, 01:07 PM | #24 |
Member
Join Date: March 11, 2007
Location: Upstate New York
Posts: 49
|
M1 Carbine
Regarding the M1 Carbine, the earlier Carbines were built without a bayonet lug as part of the forward barrel band. Barrel bands without the lug and are sometimes referred to as type I or type II and are available from some suppliers.
__________________
"There is nothing so frightening as ignorance in action." |
January 22, 2013, 07:40 PM | #25 |
Member
Join Date: December 13, 2012
Posts: 40
|
From the SAFE ACT website: Any rifle that has the capacity to hold over seven rounds in a magazine or clip AND has one "military feature" such as bayonet lug,pistol grip or threaded muzzle is considered an "assault weapon". If you already own one it must be registered with the state police.
|
|
|