ATT-Tactical™

The questions are actual ones asked and answered by us. Most questioners are not happy with our answers but we've been in business in New York State since 1985, so we must know something. The questions and answers displayed below are not all-encompassing and subject to modification and/or change at any time. Be aware that police officers and special agents who work in NYS, also read this page regularly. Updated: 12/25/2010
As a civilian, can I purchase anything from you?	Sorry no, we only sell to governmental entities and their sworn L.E. officers.
Do you deal in items that are not listed here on your web site?	Yes; because of distributor agreements we cannot display a lot of product lines that we handle. Because of territory assignments for retail sales and the fact that we pay less than commercial distributors, we can't advertise those items.
So how do I check on all of what you handle?	Our agreements are specific, we need a quote request before we can offer for sale. Add us to your vender bid list and that way we can respond to your notices. We don't bother to post manufacturer's Minimum Advertised Price since we sell for far less that that. From a roller spring clip for your MP-5 to 1000 feet of DET-Cord, we have it
OK, so my department needs something, what are your procedures?	Mail, fax or e-mail from your dept. e-mail server your formal request. We will respond ASAP as to its receipt and provide an ETA for our quote.
We are tight with funding. Can you help?	Yes, we have an equipment financing program for such deals.
Do you take trade-in weapons?	Automatic Weapons manufactured prior to 1986's Gun Control Act and Automatic Weapons imported prior to 1968's Gun Control Act We will need to see a copy of the ATF registration form first before we can make an offer. If you are unable to locate the paperwork, we may still be able to strike a deal. We also take spare parts for such in trade. If you have stripped all removable components from the serial numbered receiver, we can instruct you as to how to properly destroy it and what paperwork needs to be filed with the BATFE. We also may deal on vehicles, radio systems, boats and aircraft. (more info)
I'm a Cop in New York, can I buy hi-cap magazines?	Only if the seller can prove by documentation that the mags were manufactured prior to September 14th 1994. For hi-cap mags made after that date, you will need a supervisor-signed letterhead statement that you are "exempt" and that you will be using it for duty use and they will not be resold. This is our policy because of the several dozen "peace officer" designations currently listed under the state's PL/CPL, that do not qualify for hi-caps. We have been challenged on this policy several times: Police/Peace Officers - Pay close attention - It is your occupation that "exempts" you from the prohibitions of possession. It is our "occupation" which permits us to sell them to you. Your employing agency has the authority to regulate what you can or cannot do under the "color of authority". One of those things is the exercising of your status in order to purchase FIREARMS and the high-capacity feeding devices that go with them.
I thought I could keep the post-ban Hi-caps I bought as a cop. Why can't I retire with them?	You can but, your exemption under NYS law ends on the day you retire. There is no provisions for you to keep them when you're no longer a cop. Unlike the sunsetted federal AWB, NYS has no provisions under law for you to "retain upon retirement" of any hi-caps. Many, many retired cops in NYS still have their hi-caps. In addition, retired MOS of the NYPD may not carry their old duty weapon with any mag of more than 10 round capacity. Don't talk to me, talk to your commissioner.
OK, but what if I replace the floor plates of my post-hi-cap 30-rd AR mags with sterile ones that have no markings? I thought if there were no date stamps anywhere, I was good to go. That's what one Long Island Gun Store does when he sells those brand-new pre-ban mags in his store.	You defaced a LCAFD to hide the fact that they are "restricted"? §265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. 6. Any person who willfully defaces any machine-gun, large capacity ammunition feeding device or firearm is guilty of a class D felony. That dealer is violating §13. Subdivision 1 of section 265.11 of the penal law, as amended by chapter 310 of the laws of 1995, reads as follows: (1) sells, exchanges, gives or disposes of a firearm or large capacity ammunition feeding device to another person;
What's the story with semi auto assault (SAW) weapons & NYS Cops?	Same deal as the magazines. You cannot keep the SAW (Semi-Auto Assault Weapon) when you retired, YOU CAN'T KEEP IT! As per NYS law, that AR-15 you bought with your own money while you were a cop will be contraband once you retire. Burn this into your memory - Under NYS Law, there is no provisions for you to keep it once you retire.
What's the deal with a SAW acquisition as a cop in NYS?	While you weren't looking, NYS redefined SAW's as firearms. Pre-ban SAW's and so-called post ban SAW's are all now defined as firearms. As a cop, you are required to notify your department anytime you acquire or dispose of a firearm. Some departments have their own version of a state mandated "C" form and there is a space to list SAW's, where some just list "Other". Even though the State Police Firearms Unit records Pistols and Revolvers only, the officer is still required to formally notify their job that he bought a Semi-Auto Assault Weapon (read FIREARM). PL 400.00(c-1)(c) You will loose your job with the NYPD if you are found to have violated this reporting requirement, and you live in the 5 boroughs.
Wait, my rifle is a pre-ban. I thought it was exempt from that definition?	So far it is. But the grandfather clause will probably be voted to end when the next state executive and attorney general takes office. Your AR is still a SAW; just not a "restricted" SAW. Yours is still a "Firearm" with regard to crimes committed with it. As defined in NYS Penal Law §265 Definitions, it details that an assault weapon is a (c) (v) semiautomatic versions of automatic rifles, shotguns and pistols. The "copy, clone or replica" part will be what trips you up. OFFICERS REMEMBER: you must report all your personally owned FIREARMS to your employer/agency. PL 400.00(12-c)(c)
OK, but what about those Vector Arms MP-5 receivers built with original HK MP-5 parts kits but are equipped with a California-style "Bullet Button" that prevents the magazine from being removed? That's NY legal isn't it?	Remember the "copy, clone or replica" part of NYS's Assault Weapon Law? Even if you fusion-welded the magazine to the frame, it's still a Semi-Automatic Assault Weapon because it's a semi-auto version of an automatic weapon.
What about all these "converted to legal" L.E version AR-15's that all the retail gun stores are selling to civilians?	In NYS, a Type 1 FFL can only deal in long guns. In order to also deal in handguns, a separate NYS "Firearms" dealer's license is required. SAW's, whether pre- or post ban and their receivers are "Firearms" as per §265-Definitions. This was done to “enhance” the crime of “committed while armed with” for several felonies. The "restricted" "Firearms" are the ones with the 2 or more "evil features". In order to perform any work upon a "Firearm", the FFL also needs a NYS "Gunsmith" license. Here is where it gets tricky; a 47-state legal AR-15 becomes a "restricted" 'Firearm" the moment it passes over the NYS border. As per the NYSP-Gun Investigations Unit Commanding Officer, a "gunsmith" by definition, can repair, assemble or accessorize the "Firearm" but he cannot change its designation from "Restricted" Firearm to un-restricted, suitable for sale to the general public. IRS Revenue ruling 64-202 states that this process is "manufacturing" and requires a Type 7 or 10 FFL & the payment of additional Federal Excise Tax (FET) for each weapon so produced. NYS only recognizes these FFL license types as being “manufacturers”. General Business Law §396-ff(1)(a) 64-202 “A gunsmith who buys used military-type firearms and performs various operations thereon, resulting in the production of custom-type firearms which are considered new and different articles, is the `manufacturer' of the custom-type firearms for purposes of the manufacturers excise tax. Accordingly, the gunsmith's sales of such firearms are subject to the tax imposed by section 4181 of the Internal Revenue Code of 1954.”
But what about the Gunsmith 50-gun exemption from FET payments?	The effect of the amendment to U.S.C. 4182 regarding the 50 gun exemption from Federal Firearms and Ammunition Excise Taxes still require the keeping of records and the submission of an FAET Tax return. As of October 1, 2005, any pistol, revolver, or firearm that was manufactured, produced or imported by a person who manufactures, produces or imports less than an aggregate of 50 such articles during the calendar year is now exempt from the tax. Bottom Line: There has to be manufacturing records retained by the maker and tax returns submitted to the feds. Even if the amount owed is zero, the returns must still be files. This is federal law, not NYS. http://www.ttb.gov/firearms/index.shtml
OK, but I bought an assembled lower with a 6-position stock and then a separate upper receiver in L.E. configuration on the day I visited my gun store. Am I OK?	All because you didn't walk out with an assembled weapon, as components sold to you on the same day, its considered a complete weapon. The dealer sold you a "Restricted" semi-auto assault weapon. On the ATF Form 4473, the dealer is required to check off the "other firearm" box and write-in under section D column 20, that it was a receiver that was delivered. If the dealer has done such and still delivered both halves, he has broken federal law and you will join him in court for your SAW.
What federal laws did he break?	He circumvented the FET tax by delivering a complete firearm when he stuck the 2 sub-components into your shopping bag. He assembled the firearm when he did and now owes FET on it. Dealers have received 10-year federal sentences for just this type of scam.
I just bought one of these "converted" rifles from a very large independent gun store here on Long Island. On it the flash hider is pinned and the pin is welded over, and the 6-position collapsible buttstock is pinned in place. What's wrong with that?	Nice, but who provided that dealer in writing, the instructions to do so? What methods are legal under NYS law? Where is it written? Go back to that dealer who sold you the "converted" SAW and ask him to show you the NYSP- Superintendents' letter approving his "assembly methods". Then ask him if he'll defend you in court if you get arrested. We have been challenged on this even by law enforcement. Here is the section of state law that regulates just such an operation--- NYS Penal Law §400 (12-a) *State police regulations applicable to licensed gunsmiths engaged in the business of assembling or manufacturing firearms*. The superintendent of state police is hereby authorized to issue such rules and regulations as he deems reasonably necessary to prevent the manufacture and assembly of unsafe firearms in the state. Such rules and regulations shall establish safety standards in regard to the manufacture and assembly of firearms in the state, including specifications as to materials and parts used, the proper storage and shipment of firearms, and minimum standards of quality control. Regulations issued by the state police pursuant to this subdivision shall apply to any person licensed as a gunsmith under this section engaged in the business of manufacturing or assembling firearms, and any violation thereof shall subject the licensee to revocation of license pursuant to subdivision eleven of this section.
But during the fed AWB, welded muzzle brakes were OK'ed, What happened?	We are talking about NYS law. There is no fed law on this. All because the BATF issued a "letter" during the 10-year fed ban, does not now prevent state enforcement of the "threaded barrel" or the "flash suppressor" restriction. Yes, there has been informal opinions issued verbally that if the muzzle device were welded 180° or spot welded in 4 equidistance positions (as the old fed letter referenced above stated), that the muzzle device was assumed to have been permanently attached and the underlying threads negated, that it was good enough to pass muster. This is fine just as long as the individual doing the job meets the state's standards for that occupation and has had that method approved by the NYSP-Superintendant or his authorized representative. Nothing beats a signed and dated letter !!!!! HINT??? As per NYS Penal Law §265.00 Definitions (22)(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; Tack welding a flash suppressor onto the threaded barrel does not negate the FLASH SUPPRESSOR. The definition of a firearm Flash Suppressor in common understanding is a device which reduces the muzzle flash from that of an un-flash suppressed firearm. See where this is heading???? Does a Surefire 556K Muzzle Brake reduce the flash also??? BTW, there was never any fed letter regarding pinned, collapsible stocks.
I'm a city cop and my AR has a 10" barrel on it. What am I guilty of?	You're exempt from the prohibitions of possession thanks to your occupation but... you aren't a licensed manufacturer and you're not the possessor of a paid NFA TAX STAMP. For you to have made that without the benefit of Confirmation of Exempt Status from your Chief/Sheriff and the affirmation from your CLEO on the back of a submitted and approved ATF Form 1, you are guilty of manufacturing a Short Barrel Rifle (SBR) without paying the "Making Tax".
Can I make a machine gun as a cop?	Believe it or not, this question gets asked all the time. One of the top 10. The short answer: NO ! We do however convert agency-owned SAW's into machine guns though.
Can I own a machine gun as a cop?	The answer is a very qualified MAYBE. There are MANY factors that determine your eligibility to own a machine gun, ranging from what county you live in, what agency/department you work for, your Chief Law Enforcement Officer of your area of residence, peace or police officer status under the NYS CPL. Yes, you are detailed under §265.20 as exempt from the prohibitions but you will need a letterhead affirmation regarding your "status" signed by your "Chief". This is ATF's NFA Office Policy and not ours.
I thought silencers were illegal!	For the most part the same set of laws that govern the sale and ownership of machine guns, governs the sale and ownership of suppressors (not silencers- there’s really no such thing). Again Federal law allows for it, it’s really up to your agency and boss as to whether or not you can own one. NYS permits individual officers to possess only when approved by their agency. Don't try to shop for a signature for the Form 4 or the Letter of Affirmation. Get your CLEO and your Chief/Sheriff.
I saw two machine guns that were exactly the same but one was $13,000 and the other was $1000. What is up with that?	In this world there are really three types of machine guns. Transferable: They can be sold to any qualified individual (the expensive ones), Pre-1986 Dealer Samples: Can only be sold to dealers, Law Enforcement Agencies, and the Military (as an institution). Post 1986 Dealer Samples: Can only be sold to dealers with a law enforcement demo letter, Law Enforcement Agencies, and the Military (as an institution). Basically the transferable guns are the expensive ones because there is only a finite number of them to go around. When they are gone…they are gone. This is one reason why people collect machine guns; they consistently out perform the stock market with regards to return on investment.
I'm a Law Enforcement Officer/Military Personnel & I would like to buy one of the cheap machine guns.	Sorry we can only sell pre-'86 sample and post- '86 sample machine guns to Law Enforcement Agencies or the Military as an Institution. If your department wants to outfit you with a machine gun for duty use, we can help. If you want one for personal use without the benefit of "Official Duty Use", you’ll have to buy a "transferable" and go through all the background checks like everyone else.
Wasn't machine guns legal in NYS for civilians at one time?	Yes they were. and as those owners died, their estates had to transfer them out-of-state since the in-state Heirs did not qualify as PL "exempt" to continue possessing them. Most were transferred tax-free to family in Florida and other machine gun-legal states.
I would like to visit your store and see some of those machine guns anyway	Sorry we are a manufacturing facility and have no storefront, we are not open to the public for tours nor do we sell retail.
I just moved to New York State and I want to buy a handgun, what do I do?	First off check with your local law enforcement agency to get your Pistol License / permit package. Once done you should have a good idea of what is going to be required of you. The issuance of a pistol permit is at the discretion of your local chief law enforcement officer (CLEO) but you MUST meet certain state requirements even to be considered. Normally you will get your permit package, fill it out, submit your information and payment to your CLEO and wait about 6 months. If you already own handguns and are planning to move to New York, you may not possess them in NYS until you hold a pistol permit. YOU MAY NOT TRANSPORT THEM YOURSELF. You will need to get them transferred to a NYS licensed Dealer in Firearms from a dealer in your former state.
I am moving to New York State and I own a few handguns now. How to I get them legally into NYS?	Why in the world would you want to move here? Anyway, find an FFL in your current state to ship your handguns to a NYS Handgun dealer (which is different from just an FFL). Once they arrive and you're all moved in to your NYS address, go down to the police agency with jurisdiction over your residence and apply for a pistol license. Once approved, you'll need to get some Purchase Coupons from the licensing unit and then you can recover your handguns.
I have a carry license from another state but I'm a resident of NYS with a Pistol Permit, can I buy a handgun in the other state and be legal?	Oh boy, this is another all-time great question. You are not permitted to acquire a handgun from an entity anyplace other than your state of residence. No dealer in the country will legally transfer to you "over the Counter" such. He can sell it to you and without you taking possession, ship it to your NY dealer. Yes, long guns (Title 1 Shotguns and Rifles) are OK. Now, could you acquire a handgun from a private party in that state? Well, if that state doesn't have formal handgun registration like NYS does, you could, but what would you do with it? You can't bring it back home to NYS! The state's Sullivan Law-mandated system does not allow for such an introduction of a handgun into the registration system. Give it to a dealer there and let him ship it into your dealer here. NOTE: A NYC Premise/Premise Business License does not permit you to take your handgun out of the city much less out of your home. Possessing such a handgun so licensed outside the city will get your handguns and license pulled, regardless of your out-of-state license.
I want to sell my NY registered pistol to an FFL in PA. Can I ship it directly to the FFL and just take his receipt to my Pistol License Section to have it removed from registration?	No, because of the Sullivan Act, you will need to pass it to a NYS licensed Firearms Dealer and after he gives you a receipt for you to take to Pistol License and have it removed from your records, he will transfer it to the receiving FFL. There is no provisions under NYS law for an out-of-state FFL to directly receive your handgun under a sale (disposition) event. You can ship it to a manufacturer for repair or modification as long as it is returned directly to you once finished.
I am L.E. from another state and I operate a private training company. I am scheduled to teach a Patrol-Carbine Course to a select group of paying civilians and off-duty cops at a public range. Can I bring my pistols, SAW's and a machinegun or two for the course?	This one doesn't even sneak past as H.R.218 "Qualified Law Enforcement". First off, you're here operating your business, are you registered as a foreign entity for the purposes of NYS Income & Sales tax collection? Do you have insurance to cover not only for injuries and or/ death which might occur during, before and after your course, but did you submit a liability rider to the town that owns the range? Do you have all of the permissions to be in NYS with all of your weapons from the agency that you work for? Did you actually pay for the range time to the municipality which owns the range facility or did you promise to "share" the registration fee with the contract operator or one of his flunkies? To date, NYS and the DCJS has yet to formally recognize H.R. 218 Status. Of the several such incidents that have occurred, each one has been adjudicated separately with a caveat that all such future occurrences will be tried independently. Without a court precedence being declared, if you get caught here with your gear, while not on official business for your employer/agency, you will get arrested and face a trial. You will probably win, but chances are, your weapons will never be returned, and you'll be out the tens of thousands you'll end up spending for your defense. Contract to teach at a Police Department on their range.
I'm a citizen of NYS and I have the licensing agency's "purchase coupon" for a handgun. What documentation do you need from me beside the F4473 that I will fill out when I'm there?	You will have to present a NYS Driver License (or Governmental-Issued ID) displaying your name, residence address, date of birth, and a photograph that is current and valid. (27 CFR 178.11) In addition, you will need to present your pistol license or in the case of "Qualified Law Enforcement", your agency ID card. (02/24/1994 Open Letter to NYS FFL's) The dealer MUST maintain copies of both showing that the transfer meets state law. In the case of a federal Special Agent where its a violation of federal law to photocopy your ID card, a signed agency letterhead statement of your "Qualified Law Enforcement" status and detailing your Agency ID number and your assigned office address.
I'm a dealer in NYS; why can't I get the same licenses as ATT-Tactical?	It's never going to happen. BATFE has opinioned that NYS will never have another NFA Dealer/Manufacturer licensed to operate. Several dozen have tried and all have been denied.
Is it true that a licensing agency in NYS can declare a particular make/model/color/caliber as a nuisance weapon and deny the acquisition and registration?	Most defiantly yes, All jurisdictions with licensing powers in NYS have the authority to deny you the privilege of buying and having listed on your pistol license, a handgun (firearm) which, in their opinion, is a public safety risk. Examples: The folding single shot Pen-gun-like pistol (Too easily concealed and possesses no safety) Ruger Charger 10/22 Semi-Auto Pistol (Detachable Mag forward of trigger guard & weights over 50 oz.) AR-15 Pistols / AK Pistols / HK SP89 Type Pistols (Detachable Mag forward of trigger guard & weights over 50 oz.) regardless of their date of manufacture these can and have been declared "Nuisance weapons" which makes them un-registerable under the state's licensing system. Even if they're Pre-Ban SAW's, municipal and county licensing authorities HAVE denied such. NYC and Nassau County have declared that "Colored" or "Painted" handguns are "Public Nuisance" and therefore cannot be possessed by civilians. In Nassau Co, handguns MUST be black, grey, silver, nickel, army green or gold-plated only.
What type of NFA Firearms are legal for civilian ownership in NYS?	Any rifle, semi-auto or single shot, of any caliber as long as the barrel is more than 16" in length with an overall length more than 26" referred to as "Destructive Devices" i.e. - Boyes Anti-Tank Rifles / Solothern / Okerlon / any breach loaded Howitzers. Any firearm (handgun) referred to as an AOW - Any Other Weapon, as long as it is designed, intended and manufactured to be fired one-handed. "K"-Grips not allowed. Must be registered on your pistol license. This all would stand as long as your CLEO (Chief Law Enforcement Officer) of your area of residence is willing to sign off on your Form 4; which most aren't.
I'm a peace officer but I can't carry and buy a handgun on my badge; WHY?	NYS does not recognize all of those with Peace Officer Status as being exempt from Penal Law §400 - Licensing. Yes, NYC Firemen are listed as "peace officers" but they are not allowed to possess and carry firearms as part of their job.
What's the deal with NYS and federal law enforcement?	As you know, federal special agents and several federal police officers are recognized as "peace officers" per NYS CPL §2.15. As such, these persons can possess handguns and long guns as well as machine guns just as a NYS Penal Law §400 exempt police or peace officer can. The problem which has just been vocalized is that the federal agencies which employ these "exempt" individuals, do not have the authority or the mandate to regulate or maintain records of personally owned firearms (read: handguns). This fact has set off a chain of events that appears to be encompassing all federal agents who work in NYS. Even though it's legal for feds to possess personal firearms, several municipal PD's are balking at approving and facilitating transfers of handguns for personal use (not OFFICIAL DUTY). This is a developing boondoggle. Recently, NYSP have taken an informal stance that feds can buy and own personal firearms, but there is nothing in writing! It all falls under just what "Qualified Law Enforcement" means as detailed in the NYS-PL. And that depends on who you ask.
May a person engage in gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as “manufacturers” of firearms?	Generally, a person engaged in gunsmithing requires only a dealer’s license (type 01). There are circumstances in which a gunsmith might require a manufacturing license. Generally, a person should obtain a license as a manufacturer of firearms if the person is: 1. performing operations which create firearms or alter firearms (in the case of alterations, the work is not being performed at the request of customers, rather the person who is altering the firearms is purchasing them, making the changes, and then reselling them), 2. is performing the operations as a regular course of business or trade, and 3. is performing the operations for the purpose of sale or distribution of the firearms.
Normally we don't comment on what is posted on the interweb, but this one caught our eye and needs to be corrected. As posted on a very large web message board regarding the NYS CoBIS law. the following appeared: P_A_S posted: Strictly speaking, only guns from the manufacturer are covered under the statute. The state police views this as including shipments from a manufacturer’s distributor. A fired shall is technically not required when purchasing from a non-distributor FFL. Whether the gun is “used”-aka fired-is irrelevant. Unfortunately many FFL’s follow the new/used rule incorrectly, and I’m not sure each of the regional COBIS officers follows it strictly as well. Middletown has this one right when I ran into the issue, and I think Farmingdale does too.	CoBIS - Combined Ballistic Identification System: This is the NYS law that requires NEW handguns to either arrive into NYS with two fired shell casings or the NYS dealer has to that the handgun to the state police and have it sampled. As per the NYSP website: 18.2(9 NYCRR Section 493.2) Definitions As used in this Rule, the following terms shall mean and include: (h) Manufacturer Manufacturer means any person, firm or corporation engaged in the business of manufacturing pistols or revolvers or ammunition therefore for the purpose of sale or distribution Q- Does this mean that guns received from out-of-state wholesalers aren't affected by this law because they're not received directly from a manufacturer? A-No, for purposes of this section, the term "Manufacturer" includes any person, firm or corporation outside this state engaged in the business of supplying pistols or revolvers to licensed dealers in firearms in this state. Our Viewpoint on this subject - if that out-of-state dealer buys factory-direct (like we do) then he fit’s the descriptive. We are not a distributor for FN but we can get them directly. If that pistol bounces around several dealers before it hits NY, it’s still new. It has to have been delivered at retail for it to be defined as “used”. There is no category "New but not from a MFGR or Dist". And there is no category "Used because it didn't come from a MFGR or Dist". It has to have been sold and a F4473 filled out or a receipt has been completed and funds received for the purchase or it's a PD Trade-in ...That's a used handgun! If a handgun dealer in NYS has falsely been putting down on his acquisition/disposition coupons that a "new" handgun is "used", in order to circumvent having to travel to a CoBIS Collection Center and he submits it the NYSP-Records for filing, he is guilty of "submitting a false instrument for official filing" and has violated the state's CoBIS law. We hear that this subterfuge is ramped.
Here is another one from the interweb that demands a correction: MKE makes a pistol version of the H&K MP5 (HK-94) with a 16 inch barrel, and I was wondering if one of these can be shipped to a dealer here in NYS and if the dealer can legally convert the "pistol" into a "rifle" by adding a butt stock? NOTE: It appears that there are several FFL's in NYS who are receiving such "pistols" and then listing them in their "Bound Book" as long guns. Once logged in, they are sticking on Buttstocks and tacking on barrel extensions to disguise them from NYS law.	A Thompson Center Pistol frame can be owner-converted into a rifle, but he still needs it to be listed on his pistol license and acquire it via the Sullivan Act-required Purchase Coupon system. An FFL /SOT cannot take a state registered pistol, change it's classification once it's put on his books as a PISTOL, and sell it as a rifle to a NYS citizen. He can falsify his intake paperwork and show it as a rifle, then add the stock and barrel extension but that is one long prison sentence. A pistol that we change into a short barreled rifle or even a machine gun is still a "Pistol" registered with NYSP. If we bought a new receiver {one that has never been assembled into a rifle or pistol} and then we finish the "Manufacture" (as is covered under our NYS gunsmith license) as a finished rifle, and we file the required FET Tax return showing we manufactured it (under 50 units a year, we don't have to pay the tax, we only have to report what we made), then and only then can we sell it as a New manufactured Rifle. We still have to "MARK" it with our Manufacturer's stamp. As an option, a private citizen can finish assemble the stripped receiver without any further documentation as long as it isn't in a banned configuration and/or weight, and it's for his personal use & not for resale.
Normally, we try to keep things on the down-low when questions come in but this one bears weight and needs to be brought forth: A federal corrections officer (BOP) that works at FCI-Coleman in Florida e-mailed that we were wrong on our stance regarding NYS law and BOP officers possessing, buying and selling handguns. He also put forth that under HR218, he implied that he could carry a handgun without a NYS pistol license anywhere thanks to federal law. Well here we go again! We are not the last word on this subject. If anyone has bonifide documentation to the contrary, we will correct our sales policies.	Hey Bud, nice to hear from you. Thanks for the input. I assume you were referring to the restrictions placed upon you and your fellow BOP employees under NYS law.....First off, we have business dealings with MMC, Otisville, North Elba and Brooklyn every month. We have had discussions with higher-ups on the subject since the passage of HR218. The question under NYS law is the BOP officer’s status as “Qualified Law Enforcement”....... The reality that you can walk around with a “job-issued” handgun or retire with that handgun and continue to possess it is directly covered under federal law, as long as you were federally classified as “Qualified Law Enforcement” as enumerated under HR218. As a retiree, you would need to shoot the handgun once a year and pass the “In-Service” course of your agency or the entity so authorized under the “revised” HR218, in order to cross state lines...... In NYS, your “status” is not recognized. This is not us saying this, it’s written: § 2.15 Federal law enforcement officers; powers. The following federal law enforcement officers shall have the powers set forth in paragraphs (a) (with the exception of the powers provided by paragraph (b) of subdivision one and paragraph (b) of subdivision three of section 140.25 of this chapter), (b), (c) and (h) of subdivision one of section 2.20 of this article: 15. Officers of the United States bureau of prisons. So here is the rub; it doesn’t matter under federal law what your status is when it comes to state law and the “Sullivan Act”. If you came to our business and attempted to acquire or dispose of a personal firearm using your federal status instead of a NYS locally administered Pistol License and the requisite Purchase Document method in the case of an acquisition, or dispose of one that was not already in the NYSP Records Section’s files, we would refuse you unconditionally. US Veterans Administration Police Officers as well as US Postal Service Police Officers (not Inspectors) have the same state status as you do. NYS Attorney General Dennis Vacco opinioned that you need a pistol license to acquire or dispose of a firearm in NYS. http://www.ag.ny.gov/bureaus/appeals_opinions/opinions/1997/formal/97-F4 pw.pdf Because you only have powers directly related to your job as detailed below, we can’t sell you a handgun on your badge. NYS doesn't view you as qualified law enforcement based on your restricted powers. 18USC3050 Bureau of Prisons employees' powers An officer or employee of the Bureau of Prisons may-- (1) make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 (assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, United States Code, and section 1826(c) (escape) of title 28, United States Code; You did not disclose just where you work, so if you are a resident of NYS and have found a state license handgun dealer who has been willing to sell handguns to you based on your badge, good luck to you and him. Both of you will need it.
This one regards a very large internet message board entity from the Rochester NY area that received their Type 7 Manufacturer's FFL back on December 1st of 2009. a.) "Can an FFL, that is federally licensed as a manufacturer of firearms, make receivers that can be legally defined as AR-15 copies, clones or replicas, without possessing a NYS Gunsmith's License?" b.) "Can an FFL, that is federally licensed as a manufacturer, legally receive, possess, gift or sell NYS defined law enforcement "High Capacity Ammunition Feeding Devices' without also possessing a NYS Dealer's License?" c.) "But NYSP doesn't require the registration of SAW's; they are only concerned with pistols, revolvers, single-shot and pump-action handguns. Why should FFL-only commercial entities go through the hassle of being licensed by NYS too?" d.) "What are the penalties for doing such? What happens to all the hundreds of Hi-Caps and SAW lower receivers that the FFL mentioned are still in possession of as well as all those that were sold and shipped?"	a. / b. / c. / d.) No; under NYS Penal Law §265.20 Definitions, the term "Semi-Automatic Assault Weapons" encompasses both NYS civilian-legal and restricted LE AR-15 copies, clones and/or replicas. NYS changed the laws on the books pertaining to "committed while armed with a firearm" to also include "Semi-Automatic Assault Weapons". In layman's terms, this means that if you are charged with any offense that details "FIREARM", the fact that you're only in possession of your Post-'94 Colt Sporter that does not have any of the "Two or more of the following", you are charged with "while armed with a firearm". Is this right? No, but unknowing ADA's will make the charge. They have several hundred times so far. So, since NYS Penal Law recognizes both Post-'94 civilian & LE rifles as "Firearms", it is a requirement that any FFL who deals in such, must also be licensed to deal in "Firearms". Remember, in NYS, handguns (designed, manufactured and intended to be fired with one hand, not possessing a shoulder stock, and with a barrel less than 16" rifled or 18" smooth-bore) need to be manufactured, acquired and/or disposed of by those possessing a NYS Dealer's license. The addition of SAW's to the list of "Firearms", has severe repercussions for those not licensed. * this is not my interpretation, I got it from a ranking NYS Trooper who you'd think should know these things* The same thing for Post-'94 "High Capacity Ammunition Feeding Devices". You can't manufacture, acquire or dispose of them without being state licensed. Now, if you just manufactured AR-style lower receivers using your federal Type 7 Manufacturers license, you need to be a NYS licensed Gunsmith. There is no way around this, unless you are manufacturing them exclusively for the DoD under a military contract. It doesn't matter that you're not selling your receivers assembled into complete rifles, (This is the way most receiver-only manufacturers get around the filing of FET tax returns), you still need a "Gunsmith's" license. In NYS, a commercial entity (one with a federal FFL) who manufactures, acquires, disposes of, or modifies inventory "Firearms", MUST also possess both a NYS Dealers and Gunsmith's license. Any violations are per-unit manufactured and/or transacted. If you were making & selling several hundred receivers a year, you WILL be charged with several hundred charges of unlicensed manufacture of a firearm! All are considered "Contraband" and must be surrendered to the NYSP. Could the NYSP demand that the up-state entity recall all their receivers and hi-caps that they've shipped out; yes they can. Will they?
Where the hell are you getting that part about a civvie legal rifle is a "Firearm" and who told you they required a "Dealer in Firearms" state license?	§ 265.02 Criminal possession of a weapon in the third degree. A person is guilty of criminal possession of a weapon in the third degree when: (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device... Criminal possession of a weapon in the third degree is a class D felony. From the NYS DCJS press release: ASSAULT WEAPONS BAN: Effective November 1, 2000 Since 1994, federal law has restricted the possession of assault weapons and large capacity ammunition feeding devices. New York law, however, did not specifically address the possession and sale of military-style weapons or those with excessively large ammunition capacities. The provisions contained in Chapter 189 mirror the current provisions of federal law by defining and prohibiting activities related to a "semiautomatic assault weapon" and a "large capacity ammunition feeding device". The term "assault weapon" includes a designated list of federally barred firearms, as well as semiautomatic rifles, shotguns or pistols that possess at least two specified characteristics, such as a folding or telescoping stock, a bayonet mount, a flash suppressor or a silencer. A specific list of weapons manufactured on or before October 1, 1993, which are set forth in federal law, are not banned. The term "large capacity ammunition feeding device" means a magazine or similar device manufactured after September 13, 1994 which has the capacity to accept more than ten rounds of ammunition, but does not include a tubular device which only accepts .22 caliber ammunition. The Penal Law will now include the possession of an assault weapon and the possession of a large capacity ammunition feeding device within its definition of the class D violent felony of criminal possession of a weapon in the third degree. Thus, the law will now treat the illegal possession of an unloaded assault weapon as seriously as the possession of a loaded handgun. Moreover, because this law adds an "assault weapon" to the definition of a "firearm," the current penalties attaching to the criminal use of a firearm will also apply to the use of an assault weapon. §265.20-Definitions 22. "Assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: (v) a semiautomatic version of an automatic rifle, shotgun or firearm; or (d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as: (iv) Colt AR-15; So based on all of the above, an AR receiver no matter how it were marked or modeled, is a "FIREARM". It does not mean that they are "Assault Weapons" because of the absence of the "at least two" evil features, but the receivers are "firearms" which require a NYS Dealer in Firearms license to legally receive, possess, gift or sell. This is not the last word on this: Recently, it was put forth as to just how exact "copies or duplicates of such weapons" have to be. Several legal scholars have provided that to legally be a copy or duplicate, it has to exactly match right down the roll stamps and engravings. This is because of trademark violation cases of late where, because of slight differences in design, logo placement, color or other differences, (such as having a model name of RA-15 or STAG-15), no claims of infringement were entertained by the courts. Therefore, the item in question was not a copy or duplicate. Play it safe and until the NYS Legislature rewrites state law to be less ambiguous, plan for District Attorneys to spin the interpretation to their own benefit. Such cases will most likely not stand up to federal scrutiny and therefore fail; eventually!

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