Are AR Pistols Legal in NY?
The debate surrounding the legality of AR pistols in New York has been a contentious one, with differing opinions and interpretations of state and federal laws. As a result, it is essential to provide a clear and concise answer to this question.
Direct Answer:
No, AR pistols are not legal in New York for civilian possession. New York’s SAFE Act of 2013, which was passed in response to the Sandy Hook Elementary School shooting, explicitly bans the possession, sale, and transfer of "assault weapons," including certain semi-automatic pistols.
What is an Assault Weapon?
The New York State Rifle and Pistol Association (NYSRPA) defines an assault weapon as:
- A semi-automatic rifle that has a pistol grip or thumbhole stock
- A semi-automatic shotgun that has a pistol grip or folding or telescoping stock
- A semi-automatic pistol that has a magazine that can hold more than 10 rounds
New York State Law:
New York State law specifically prohibits the possession, sale, or transfer of assault weapons, including AR pistols. Section 400.00(4) of the New York State Penal Law defines an assault weapon as:
- Any semi-automatic shotgun or rifle that has an overall length of less than 30 inches or a pistol grip or thumbhole stock
- Any semi-automatic pistol that has a magazine that can hold more than 10 rounds
Federal Law:
The federal National Firearms Act (NFA) and the Gun Control Act (GCA) regulate the manufacture, sale, and possession of certain firearms, including pistols. Title I of the GCA, which regulates handguns, includes a provision that prohibits the sale or transfer of certain semi-automatic pistols, including those with certain features such as:
- Thumbhole stock
- Pistol grip
- Folding or telescoping stock
- Magazine that can hold more than 10 rounds
Key Points to Note:
- All AR pistols are not created equal: While some AR pistols may be legal, others may be classified as assault weapons due to their features.
- Magazine capacity is a critical factor: If an AR pistol has a magazine that can hold more than 10 rounds, it may be illegal.
- The SAFE Act has specific requirements: AR pistols must meet specific requirements, including a fixed magazine capacity of 10 rounds or less, to be legal in New York.
Consequences of Possessing an Illegal AR Pistol:
If you possess an illegal AR pistol in New York, you may face serious consequences, including:
- Fines: Up to $10,000
- Imprisonment: Up to 1 year
- Seizure of the weapon: The illegal AR pistol may be confiscated by law enforcement
Conclusion:
In conclusion, AR pistols are not legal for civilian possession in New York due to the state’s SAFE Act and federal laws. It is essential to understand the specific requirements and definitions of assault weapons in New York State law and federal law to ensure compliance. If you are considering purchasing or possessing an AR pistol, it is recommended that you consult with a legal professional or law enforcement agency to determine the legality of the weapon.
Table: Key Points
| Feature | Legal/Illegal | |
|---|---|---|
| Magazine capacity | <= 10 rounds | Legal |
| > 10 rounds | Illegal | |
| Pistol grip | Legal | |
| Thumbhole stock | Illegal | |
| Folding or telescoping stock | Illegal |
References:
- New York State Rifle and Pistol Association (NYSRPA). (n.d.). Assault Weapons. Retrieved from https://www.nysrpa.org/laws-regulations/assault-weapons/
- New York State Penal Law. (2013). Section 400.00(4). Retrieved from https://www.nysenate.gov/legislation/law/penal/400-00
- National Firearms Act (NFA). (n.d.). Retrieved from https://www.atf.gov/firearms/national-firearms-act-nfa
- Gun Control Act (GCA). (n.d.). Title I. Retrieved from https://www.atf.gov/firearms/gun-control-act-gca
