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Old January 17, 2013, 11:30 AM   #240
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,271
How could SKS be possibly considered an assault weapon, no matter what the features? This is from the text of the bill: "(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS....". A detachable magazine is obviously a must criteria.
You're right, my bad.
My question is... would it be subject to regulation same as a separate 10rd magazine? I mean that you can continue possessing it but can't sell/transfer it to anybody in the state. This is what the law says about 10rd magazines, or do I misunderstand?
I believe that I understand your question correctly now. In my humble non-lawyerly opinion, yes, it seems to me that this provision could conceivably apply to the rifle itself. The definition of "large capacity ammunition feeding device" does not obviously exempt a magazine that is integral with the firearm!

There is one conceivable exemption.

The definition specifically exempts an ammunition feeding device that is a "curio or relic" (OR, not AND), but the act does not use the familiar federal definition of a C&R firearm- it creates its own definition.
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 replicas 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 registered within thirty days of their transfer into the state. Notwithstanding 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.
(Emphasis mine)

I believe that this provision should allow an SKS or similar rifle with an integral 10rd mag to be brought into NY and legally transferred, but only if the individual rifle is over 50 years old. The problem is that the build dates of SKS rifles from some countries cannot be positively determined, or are too recent to allow legal transfer.
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