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Old April 30, 2013, 02:34 AM   #1
LogicMan
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NY Legal M1 Carbine?

So my understanding is that under the NY SAFE Act, "assault weapon" has been redefined where any semiautomatic rifle with a detachable magazine and one "military-style" feature on it makes it an "assault weapon." I was looking at maybe purchasing an M1 Carbine for a home defense rifle, but then found out that that rifle is banned because the M1 Carbine has a bayonet lug, so it fails the "one military-style feature" test.

However, now I am confused, because in looking at two M1 Carbine manufacturers, I have noticed that while the Fulton Armory M1 Carbines would be among the banned variants, as those all have bayonet lugs, the Auto Ordnance M1 Carbines do not have a bayonet lug from what I can see. Now semiautomatic rifles with detachable box magazines that lack any "military-style" features are legal (the Ruger Mini-14 for example is listed specifically as one of the weapons that would not be considered an "assault weapon" in the state).

So if a Ruger Mini-14 is a legal weapon un the SAFE Act, would a M1 Carbine that lacks the bayonet lug also be legal? Or is there a specific provision within the law that explicitly outlaws the M1 Carbine period?

Here is a link to each rifle:

Fulton Armory M1 Carbines

Auto Ordnance M1 Carbine
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Old April 30, 2013, 05:34 PM   #2
kraigwy
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Don't know about commercial knock offs but the original M1 Carbine didn't have bayonet lugs. They came about later in the war. (WWII).

However any non-bayonet carbines that went to the rebuild shops were fitted with the lugs.

I don't know about New York gun laws, but I think it's unpatriotic to ban a piece of history like the M1 Carbine or M1 Garand.
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Old April 30, 2013, 06:18 PM   #3
NYPD13
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NYS Penal Law 265.00, sub 22, paragraph G6. [22] "Assault weapon" means (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS: (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:

" any firearm, rifle, or shotgun that was manufactured at least
fifty years prior to the current date, but not including replicas
thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter ".

Curio & Relics are still permissible so you may still acquire M1 Garands, Carbines, SKS's, Gewehr 43's, etc.
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Old April 30, 2013, 06:49 PM   #4
RedBowTies88
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Once again NY gun laws aren't as bad as NJ... M1 Carbines have been outright banned here for 20+ years

They are beautiful pieces of history.. despite my jealousy I'm glad it appears you can pick one up.
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Old May 1, 2013, 05:19 PM   #5
stu925
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Quote:
NYS Penal Law 265.00, sub 22, paragraph G6. [22] "Assault weapon" means (A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS: (G) PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE:

" any firearm, rifle, or shotgun that was manufactured at least
fifty years prior to the current date, but not including replicas
thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter ".

Curio & Relics are still permissible so you may still acquire M1 Garands, Carbines, SKS's, Gewehr 43's, etc.
That C&R clause doesn't include new production replicas, so if the rifle is an original carbine over 50yrs old it's exempted, if it's new production it must be compliant.

Stu
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Old May 1, 2013, 06:24 PM   #6
g.willikers
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There's the law and then there's what you might be arrested for.
Cops are not expected to know the specifics of laws.
When in doubt they will arrest you and sort it out later.
No telling what might happen to the gun.
How about an American icon like a lever action, instead.
Short of moving, of course.
Just a thought.
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Old May 1, 2013, 06:33 PM   #7
NYPD13
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You can still get the Auto Ordinance (AOM-140) with no lug. The difficult part is actually finding one.
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Old May 1, 2013, 07:18 PM   #8
jrdavidson
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The bayonet lug is an option - it depends on which barrel band you want. Earlier production carbines lacked the bayonet lug on the barrel band while later years included it in an extended barrel band that also reinforced the barrel and improved accuracy.

Look at the options on the FA website for their carbines - you can order one without the bayo lug, though I have no idea whether NY would consider that as "compliant" for so many other reasons.
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