Do I need a pre-ban AK and pre-ban mags?

[Nanook of the north]

I live in NY and we still have the awb but I was wondering if I need both the mag and rifle to be pre ban to have more than 10 round capacity? thanks.

[Solarized Data]

I think you're safe to use pre-ban magazines in a post-ban rifle.

Assault Weapons

It shall be unlawful to possess any “assault weapon” or “large capacity ammunition feeding device.”
So called assault weapons lawfully possessed prior to September 14, 1994 and large capacity ammunition feeding devices manufactured prior to such date can continue to be lawfully possessed.

“Assault weapon” is defined as:

A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:

a folding or telescoping stock
a pistol grip that protrudes conspicuously beneath the actionof the weapon
a bayonet mount
a flash suppressor or threaded barrel designed to accommodate a flash suppressor
a grenade launcher
A semiautomatic shotgun that has at least two of the following characteristics
a folding or telescoping stock
a pistol grip that protrudes conspicuously beneath the action of the weapon
a fixed magazine capacity in excess of five rounds
an ability to accept a detachable magazine
A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics
an ammunition magazine that attaches to the pistol outside of the pistol grip
a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer
shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned
manufactured weight of fifty ounces or more when the pistol is unloaded
A semiautomatic version of an automatic rifle, shotgun or firearm
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, Mitchell, and Poly Technologies Avtomat Kalashnikovs (All Models)
Action Arms Israeli Military Industries UZI and Galil
Beretta Ar70 (SC-70)
Colt AR-15
Fabrique National FN/FAL, FN/LAR, and FNC
SWD M-10, M-11, M-11/9, and M-12
Steyr AUG
INTRATEC TEC-9, TEC-DC9 and TEC-22
revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker
Assault weapons does not include:
any rifle, shotgun or pistol that: is manually operated by bolt, pump, lever or slide 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 five rounds of ammunition
A semiautomatic shotgun that cannot hold more than five rounds of ammunition 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
“Large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device, manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition. There is an exception for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

[jason41987]

ive dealt with the same rifle in the same state as you before... you would need a pre-ban mag.. however most AK mags i looked at do not have a date on them, and cant be proved theyre pre-ban is basically the issue i had to deal with... so its hard to find pre-bans you can actually use in the state

[Mrgunsngear]

The above post about what is a pre ban mag is correct. All steel surplus AK mags are considered pre-ban. So, as long as you're not running US Palm or Circle 10 mags you're good to go.

[SurplusShooter]

Only the mags need to be pre ban and like stated asnlong as it is just a surplus steel or bakealite mag you are fine.

[Miami_JBT]

Originally Posted by Nannok of the north

I live in NY and we still have the awb but I was wondering if I need both the mag and rifle to be pre ban to have more than 10 round capacity? thanks.

The New York State Assault Weapons Ban is a one to one copy of the Clinton Era Federal Assault Weapons Ban. The only difference is that there wasn't a Sunset Clause written in the NYS version.

You can have a Post-Ban AK and use Pre-Ban magazine in it. As an example, Post-Ban AKs would look like this.



That is a Post-Ban MAK-90 (Chinese AK). It has a Thumbhole stock, no flash hider or threaded barrel, and no bayonet lug. In that configuration you can use Pre-Ban mags with it.




Here is a Romanian SAR-1/ It was a legal rifle imported into the USA during the Fed AWB. It came with either a non-threaded barrel or it had a threaded barrel with a barrel nut pinned and weilded to it. It has no bayonet lug, and a solid stock.

Post-Ban guns weren't allowed to have the following features.

Pistol Grip
Folding Stock
Bayonet Lug
Grenade Launcher
Threaded Barrel
Flash Hider
Accept detachable magazines

A rifle would be legal if it had only two evil features.



The above AR-15 Rifle is legal as a Post-Ban because it doesn't have a threaded barrel or flash hider, nor does it has a folding or telescopic stock, and lastly it doesn't have a bayonet lug.

Thus it's legal in it's configuration even though it has a pistol grip and accepted detachable magazines.

Back during the Federal AWB, BATFE would review products intended for rifles such as Flash Hiders or Muzzle Breaks. According to BATFE, a flash hider was illegal because it "dampened" the flash of the rifle while firing and would allow criminals to conceal themselves during the night. A muzzle break was legal because it simply reduced the felt recoil or prevented muzzle climb of the firearm. NYS would simply go by BATFE's word and when the Fed AWB expired and became null and void BATFE tolkd NYS that they have to do their own review and testing since the Feds are no longer in the game. Samething happened with Pre-Ban magazine vs Post-Ban magazines. BATFE would collect information on the mags and pass the info to NYS. No they don't because of no Fed AWB.

The AWB sucked for me and I was in Florida.... it must really suck for you since you're in New York. It's such a wonderful place except for NYC ruining it much like California being ruined by L.A. and San Fran along with Illinois being ruined by Chicago and Cook County.

Originally Posted by jason41987

ive dealt with the same rifle in the same state as you before... you would need a pre-ban mag.. however most AK mags i looked at do not have a date on them, and cant be proved theyre pre-ban is basically the issue i had to deal with... so its hard to find pre-bans you can actually use in the state

The State has to prove beyond a reasonable doubt that you committed a crime and that the magazines in question are post-ban. There are a couple of ways to determine what country made the steel AK-47 magazine but not the year of production. Yugo, Chinese, Romanian, East German, Russian, etc... all have little production differences. Thus if you posses AK-47 magazines and they appear to be pre-ban you should be in the clear unless the State can prove for certain that said magazines were made after the ban.

Originally Posted by plouffedaddy

The above post about what is a pre ban mag is correct. All steel surplus AK mags are considered pre-ban. So, as long as you're not running US Palm or Circle 10 mags you're good to go.

That's not true.... there are new steel mags being made and imported into the USA. Aim Surplus had some Albanian AK-47 Steel mags that were actually brand new Chinese mags made for Albania and imported from Albania. Also there are Steel mags being made in South Korea.

[Departed402]

*couch* MOVE OUT OF NEW YORK! *couch*