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Gunbroker Receiver Out There Again !


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#21 philasteen

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Posted 28 September 2004 - 12:53 PM

QUOTE (TommyGunner @ Sep 22 2004, 06:21 PM)
Yeah...her ad said Upstate NY. Possesion here is a NO NO for sure. I know you can only possess them to turn them in. Wonder how it would work with an estate in NY. I would assume there were some legal regstered mg's in the state at some point before the ban. Perhaps her husband or whoever was a class 3? Or something to substanciate her having it legaly. Makes me think she still does not have all the answers since she said she would register it if it was not already. Wouldn't touch it with a 10ft pole. Hope it dosen't get the torch!

Damon

Actually, I disagree with that. A stripped receiver may actually be legal in NY but it's a pretty gray area. The reason is that the New York State penal code does not include the concept of the "frame" of a firearm or "a combination of parts" in its definition of machinegun.

This is not something I care to challenge but just to throw it out there.
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#22 TommyGunner

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Posted 28 September 2004 - 01:43 PM

Philasteen,

Article 265 of the NYS consolidated penal law defines a machine gun:

""Machine-gun" means a weapon of any description, irrespective of
size, by whatever name known, loaded or unloaded, from which a number of
shots or bullets may be rapidly or automatically discharged from a
magazine with one continuous pull of the trigger and includes a
sub-machine gun."

Interesting...does this mean a complete gun? Can it be had in an "unfireable condition" or "incomplete" as long as it is registered? I realize that the ATFE would view a complete receiver as a "machine gun" but would be ok as long as it was registered (federaly speeking that is). The state may not consider this a MG since it is not complete and therefore be legal to own? I seriously doubt it but maybe. The conversations I had with members of the NYS police left me with ALL NFA is banned here for civilians. Not even a dewat or let alone a registered MG...even if it is just a barreled action. Perhaps the state would defer to federal law on what part constitues the "gun". I think if it is a registered MG...it would not be allowed, but will check into it since it came up. Just out of curiosity. Thanks for pointing that out. Will let you know what the NYSP thinks.

Best,
Damon

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#23 philasteen

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Posted 28 September 2004 - 02:55 PM

QUOTE (TommyGunner @ Sep 28 2004, 01:43 PM)
Philasteen,

Article 265 of the NYS consolidated penal law defines a machine gun:

""Machine-gun" means a weapon of any description, irrespective of
size, by whatever name known, loaded or unloaded, from which a number of
shots or bullets may be rapidly or automatically discharged from a
magazine with one continuous pull of the trigger and includes a
sub-machine gun."

Interesting...does this mean a complete gun? Can it be had in an "unfireable condition" or "incomplete" as long as it is registered? I realize that the ATFE would view a complete receiver as a "machine gun" but would be ok as long as it was registered (federaly speeking that is). The state may not consider this a MG since it is not complete and therefore be legal to own? I seriously doubt it but maybe.  The conversations I had with members of the NYS police left me with ALL NFA is banned here for civilians. Not even a dewat or let alone a registered MG...even if it is just a barreled action. Perhaps the state would defer to federal law on what part constitues the "gun". I think if it is a registered MG...it would not be allowed, but will check into it since it came up. Just out of curiosity. Thanks for pointing that out. Will let you know what the NYSP thinks.

Best,
Damon

Well, like I said, it's a gray area - you note the difference to the federal definition, which is:

The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

Now, I think any conversation with the NYSP or any other agency is fruitless for two reasons. First, all agencies in NYS are anti-gun and have a mindset that anything NFA related must be illegal, and are not willing to consider the issue. Second, even if they were to tell you it is OK, that has no legal effect. The only interpretation that matters is an opinion of the Attorney General (see point one - good luck with that) or a court decision.

In fact, there is some case law out there on whether a weapon must be functional to be convicted of criminal weapons possession. I can't remember it offhand.

Tommygunner, please do not ask the NYSP about this, it will be fruitless and might lead to some unfavorable legislative changes. There are other defects in the definition of machinegun that I would not want to see fixed. And - edited to add - there is no way I would try to possess a machinegun frame in NY even in light of the ambiguity above. The minimum sentence you'd be looking at is somewhere in the neighborhood of 3 years.

Edited by philasteen, 28 September 2004 - 02:57 PM.

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#24 john

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Posted 28 September 2004 - 04:23 PM

In all the excitement about the Receiver, did anyone else look through the other stuff she has for sale??

At the bottom of page one (she has 8 pages of gun stuff for sale) there is what "looks to be" an original (???) Wanted poster for John Dillinger.
Can anyone verify if this is the genuine article???

She is starting the bid off at $550.00. I know that a high price doesn't make the thing original, nor does rusty staple holes.


Anyone care to venture a guess?? blink.gif

john
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#25 LIONHART

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Posted 28 September 2004 - 08:34 PM

Post a Link, and I'll tell you whether it's an original or not.
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#26 philasteen

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Posted 28 September 2004 - 09:16 PM

here is the link to the poster:

Dillinger Poster?
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#27 LIONHART

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Posted 28 September 2004 - 09:19 PM

LOL!!! laugh.gif Is this some kind of JOKE? Is it real? YES, it's a real Poster, but not from the 1930's. These Posters were printed in a 1970's Crime Magazine, and sell between $5.00 to $25.00
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