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National Firearms Act and New York State

What does the new rules involving NFA Transfers mean to you (if you're a New York state resident)
BATFE 41FAre you thinking of acquiring a Suppressor or an SBR or Select-Fire Pre-86 Domestic Machine Gun or Pre-68 Imported Machine Gun?

Now is the time to do it.

Take advantage of the NYS Penal Law Occupation Exemption as detailed in §265.20 Exemptions
NFA for NYS LEO's. -

To my brothers and sisters in arms in New York State :  ATF 41F has fixed everything for you. You do not need job permission to take advantage of your occupational exemption.

To own and possess an NFA weapon or Suppressor, you need to become a Transfer Tax Payer and not a "Class III" Licensee.
 In order to pay the tax in NYS, you need to be affirmed that you can take advantage of that occupational exemption and that affirmation must be in writing as required on your Form 4.

Your exemption from the prohibitions of possession as covered under NYS Penal Law §265.20(1)(a), still has a caveat. Police and Peace Officers must be able to possess their firearms by virtue of occupation (possess on their badge). Those who can possess and carry a firearm (handgun) on their 'Badge' are so identified in CPL §1.20(34) as well as
§2.10 and possess their 'approved' firearms per PL §400 (basically, you don't need a Pistol Permit).

You possess firearms in NYS by virtue of your badge only. Your employer (agency may have department rules and procedures regulating and/or prohibiting what you MAY possess on your badge. But AFT has opinioned that it is under state law that you are afforded your exemption and it is not at your department's discretion.

Several dozen municipal agencies regulate what an LEO MAY own & possess Off- Duty. I.e. Suffolk Co. PD has a Patrol Guide addition that was added a few years ago under an earlier Commissioner that prohibits off-duty possession of machine guns and suppressors.

NYPD - Office of Legal Matters has directly told Members of Service that live within the confines of the City of New York that they are violating NYC Administrative Code by owning and possessing Semi-Automatic Assault Weapons.. Albany City, Binghamton, Buffalo and several county Sheriff's Depts. also have Rules and Procedures dictating no such personal possession.

We have talked to a senior supervisor at NFA, and for all transfers to Cops and Deputies in NYS, and with the Post July 13th 2016 Form 4, there is no requirement for "Job" approval.

And to put the question to rest before it's asked, there is no NYS Gun Trust. 
Only those entities specifically listed in
§265.20 are eligible.



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