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Old February 5, 2013, 09:27 PM   #1
GunXpatriot
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NY S.A.F.E. Act: SKS Legality?

So I bought an SKS, and while wanting to transfer it, the dealer said he will not be accepting them to transfer as a result of the new laws... I don't want to email him back and act like a know-it-all lawyer, but under the new laws, an SKS technically would not be considered an assault rifle. As far as I know, the only restriction possible on assault weapons would be to have a detachable magazine and one of the "evil" features.

The SKS does not have a detachable mag and it has a bayonet. It's 10 round magazine is also grandfathered, but can only be loaded with 7 rounds, and since there is no technical limitation to the SKS being loaded with less than it's full capacity, it is perfectly simple to load 7+1. There are many people saying that the SKS is now an assault weapon in NYS, but all evidence shows that it, in fact, is not and is exempt from these restrictions.

Do any of you guys know what I can do about this? Thanks...
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Old February 5, 2013, 10:31 PM   #2
Ridge_Runner_5
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One evil feature makes it an AW, right? And it has a bayonet, right?
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Old February 5, 2013, 10:55 PM   #3
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The requirement is to have a detachable magazine and one evil feature. If does not have the detachable magazine. It is clear that both are required to be an AW, at least as far as I can tell.
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Old February 6, 2013, 12:45 AM   #4
Fishbed77
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Yes, the SKS is legal. If there is any doubt, please refer to the 2nd Amendment of the US Constitution.
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Old February 6, 2013, 12:49 AM   #5
stu925
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It is not considered an assault weapon unless it has a detachable magazine, find another dealer to do the transfer. You could have the dealer call the hotline 1(855)LAW-GUNS and double check or you could print out a copy of the law and bring it in to show him, finding another dealer would probably be easier.

Stu
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Old February 6, 2013, 01:06 AM   #6
GunXpatriot
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I actually read the law in detail, apparently I got VERY bad information and from multiple sources. It says that 10 round magazines that are currently owned.

From the bill:

Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten rounds
of ammunition including those that were grandfathered in under the
original assault weapons ban and creates a new ban on magazines that
hold more than seven rounds of ammunition. Magazines that can hold
more than seven rounds but not more than ten rounds and are currently
possessed will be grandfathered in, but may only contain seven rounds
of ammunition. Exceptions are made for large capacity magazines that
are curios or relics.

I don't know what to make of this. I literally bought a rifle for several hundred dollars and now I can't own the thing... There is another way I could obtain it legally out of state, but it's an 18 hour drive... To Florida...
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Old February 6, 2013, 02:01 AM   #7
Dr Big Bird PhD
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Shouldn't you still be able to transfer it before march
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Old February 6, 2013, 02:10 AM   #8
GunXpatriot
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... Actually, I was hoping someone would mention that because I also heard such information pertaining to magazines, etc... Can anyone else confirm Big Bird's reply?
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Old February 6, 2013, 03:53 AM   #9
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I was wondering if this link holds any water... I mean I would think the Office of Legislative Research would be pretty legitimate...

http://www.cga.ct.gov/2013/rpt/2013-R-0039.htm
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Old February 6, 2013, 10:23 AM   #10
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Recieve the gun w/o the magazine start looking for a tapco 5rd mag
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Old February 6, 2013, 11:03 AM   #11
DMK
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Quote:
Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten rounds
of ammunition including those that were grandfathered in under the
original assault weapons ban and creates a new ban on magazines that
hold more than seven rounds of ammunition. Magazines that can hold
more than seven rounds but not more than ten rounds and are currently
possessed will be grandfathered in, but may only contain seven rounds
of ammunition. Exceptions are made for large capacity magazines that
are curios or relics.
Unless it is Chinese, all other SKS are C&Rs.
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Old February 6, 2013, 12:47 PM   #12
GunXpatriot
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DMK, I thought that might apply, but it came after the grandfathering of the current 10 rounders, so I figured it applied to ones already possessed, not all C&R's...
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Old February 6, 2013, 01:05 PM   #13
big al hunter
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If this law was just adopted, it should have an "effective on" date. Anything purchased before that date should be legal. What is the date stated in the law?
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Old February 6, 2013, 05:17 PM   #14
GunXpatriot
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Big Al, in the bill found here...
http://open.nysenate.gov/legislation/bill/s2230-2013

S 38. Subdivision 23 of section 265.00 of the penal law, as added by
chapter 189 of the laws of 2000, is amended to read as follows:


23. "Large capacity ammunition feeding device" means a magazine, belt,
drum, feed strip, or similar device, [manufactured after September thir-
teenth, nineteen hundred ninety-four,] that (A) has a capacity of, or
that can be readily restored or converted to accept, more than ten
rounds of ammunition, OR (B) CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNI
TION, OR (C) IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION AND HAS A
CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT,
MORE THAN SEVEN ROUNDS OF AMMUNITION; provided, however, that such term
does not include an attached tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition OR A
FEEDING DEVICE THAT IS A CURIO OR RELIC. A FEEDING DEVICE THAT IS A
CURIO OR RELIC IS DEFINED AS A DEVICE THAT (I) WAS MANUFACTURED AT LEAST
FIFTY YEARS PRIOR TO THE CURRENT DATE, (II) IS ONLY CAPABLE OF BEING
USED EXCLUSIVELY IN A FIREARM, RIFLE, OR SHOTGUN THAT WAS MANUFACTURED
AT LEAST FIFTY YEARS PRIOR TO THE CURRENT DATE, BUT NOT INCLUDING REPLI
CAS THEREOF, (III) IS POSSESSED BY AN INDIVIDUAL WHO IS NOT PROHIBITED
BY STATE OR FEDERAL LAW FROM POSSESSING A FIREARM AND (IV) IS REGISTERED
WITH THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER, EXCEPT SUCH FEEDING DEVICES TRANSFERRED
INTO THE STATE MAY BE REGISTERED AT ANY TIME, PROVIDED THEY ARE REGIS
TERED WITHIN THIRTY DAYS OF THEIR TRANSFER INTO THE STATE.
NOTWITH
STANDING PARAGRAPH (H) OF SUBDIVISION TWENTY-TWO OF THIS SECTION, SUCH
FEEDING DEVICES MAY BE TRANSFERRED PROVIDED THAT SUCH TRANSFER SHALL BE
SUBJECT TO THE PROVISIONS OF SECTION 400.03 OF THIS CHAPTER INCLUDING
THE CHECK REQUIRED TO BE CONDUCTED PURSUANT TO SUCH SECTION.


(End of text):

EFFECTIVE DATE :
The bill will take effect immediately except where otherwise provided.



That is all I could find that talks in detail about the mag capacity, however, I can't find an actual effective date, in fact, looking through this, there isn't an effective date anywhere, even though I know the ammo background checks/reporting to state etc will start at the beginning of next year. I know I've heard the march effective date on mags from several sources. mid-march to mid-april are the date ranges I've seen/heard, so where did that come from? Clearly not from this page...

Last edited by GunXpatriot; February 6, 2013 at 05:23 PM.
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Old February 6, 2013, 08:40 PM   #15
Dr Big Bird PhD
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Sounds like you should be good. Just get a new FFL transferee
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