Shipping into NY state
I have a buyer wanting me to ship a Semi Auto Thompson into NY state. Not NY city but... The whole thing is rather unsettling to me now.
For one the Magazines are clearly "Large capacity" and the gun itself "accepts them" so I am rather inclined to turn down this sale at this point. I did not know until the last minute he was in NY. We had agreed in principle to a deal but...
It was in the exchange of each others address's and information to an FFL that it came up. No money has exchanged hands but even if it had I don't think I would do anything but refund.
I feel bad that I didn't know but you would think anyone from NY would know to be forthcoming about this early on. But what do you think about this?
Well the Thompson was manufactured prior to the 1994 AWB in NY. Pre-ban Hi-cap mag for ar-15's and AK's are legal I dont see why there would be a problem the Thompson.
No it was not. It is new production Thompson Semi Auto and one new production 30 round stick mag with it. And no way to determine manufacturing dates of the other three mags.
Make the sale through 2 FFL's. They are suppose to know the laws and if it isn't legal it is on them.
As far as I can tell this particular Thompson Semi auto does not meet the NY definition of an Assault weapon. Because they say it is a Semi Auto rifle that can accept detatchable magazines that also has two of the following features:
* A folding or telescoping stock;
* A pistol grip that protrudes conspicuously beneath the action of the weapon;
* A bayonet mount;
* A flash suppressor or threaded barrel designed to accommodate a flash suppressor;
* A grenade launcher; or
This particular one does not have a front pistol grip nor a flash surpressor (some Thompson models do have these)
However the issue still remains the magazines. Three of which are GI surplus of unknown date of manufacture and no date method that I know of to confirm. And the one we know had to be recent manufacture that came with the gun which is also not dated as it was produced after sunset.
And it is not on the specific model list from NY law:
* Any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:
o Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
o Action Arms Israeli Military Industries UZI and Galil;
o Beretta Ar70 (SC-70);
o Colt AR-15;
o Fabrique National FN/FAL, FN/LAR, and FNC;
o SWD M-10, M-11, M-11/9, and M-12;
o Steyr AUG;
o INTRATEC TEC-9, TEC-DC9 and TEC-22; and
o Revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12.
So I don't think the gun itself, being an M1 model of the Thompson is a problem at all. The Magazines possibly are.
No... I think YOUR supposed to know the law. And the other end would be through an FFL of course. His end in NY would. But if I am shipping, no matter what, I need to be sure because the Magazines are unmarked which occured prior to the AWB and then After. The other issue is I was going to send the magazines direct but now am rethinking that too.
Originally Posted by archer51
You can buy a POST ban Thompson in NY, just not new mags. As long as he plans to use pre ban mags he is fine. Either way, if you send it to an FFL he will decide if the mag is OK or not. Don't forget that an FFL can purchase post ban mags as long as he doesn't sell them to people in NY, so you are fine sending it to the FFL. Please don't cancel the sale if it is legal in NY. We have a hard enough time with the anti's we can't have pro-gunners hurting us also. (Like Bud's who wont sell perfectly legal firearms to anyone where I live, even though I'm well outside of NYC.)
That sounds good. I believe we are alright. The three GI mags are more than likely Preban. And the gun, at least this version, is unquestionably not defined as AWB gun. This one is the Gov version so does not have a Forward pistol grip nor the flash hiders so there is no question it is the safest version to get. The only questionable one is the one that is likely post (Federal) ban which has no date on it either.
Your right I don't want to deny our fellow brothers in NY of their rights... but I do NOT want to risk my freedom either.
I think if we go to one of your NY state FFL's we will be fine here. If he loses the one mag then it will be his problem. I could alway delete that one if anything.
Just e-mail the FFL in NY and with the FFL's reply You will have a saved copy + get the right /Legal info.
lets get rid of our NYS liberal Gov & Sen Shummer and that will solve manny of the state's gun problems
You are overthinking this deal big time.
It is the recipients problem to know the laws in their particular state, not the sender. If he takes possession of something illegal, that is his problem to deal with, not yours as a seller.
As far as the Thompson goes. It is perfectly legal to own it in NYS (not talking about the rathole they call NYC). As far as the mags, if they are not marked LEO only, or were produced prior to 1994, they are good to go, period.
You as an out of state seller MUST ship to an FFL in NY. The FFL will know what is legal or not (at least he should).
Make your deal and relax.
Just leave out the questionable magazine, if that's that sticking point.