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Gun laws in New York State: actual gun, or parts?

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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-09 03:10 AM
Original message
Gun laws in New York State: actual gun, or parts?
I'm looking at a good deal on a non-functional gun for repair (cracked slide, spare included but not installed, condition of the spare unknown). It's not functional as it is now. But does anyone know if NY State law would treat this as a purchase of gun parts, or as a functional gun? NY state, obviously, requires a permit for any pistol purchase--I wanted to know whether, if I took advantage of this, I'd have basically a grace period of until I got it fixed to register it.
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cabluedem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-09 03:14 AM
Response to Original message
1. In most states, if the receiver is functional, its considered a firearm, period.
Edited on Tue Jan-13-09 03:15 AM by cabluedem
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jmg257 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-09 08:15 AM
Response to Original message
2. The NY Penal law describes firearms as follows...
Edited on Tue Jan-13-09 08:58 AM by jmg257
"Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun...

And as you know you need a license for a pistol or revolver.

No distinction for "non-functional" handguns. Both New York and federal law refers to firearm receivers as the important part - in NY specifically only for "assault weapons" though. Federal law (GCA 1968) defines firearms much broader, and to include the frame/receiver only and defines handguns to include 'any combination of parts from which a "handgun" firearm can be assembled'. I have seen nothing in NY law that relates specifically to your question other then their definitions above - I figure you need to register it 1st and transfer it properly to keep with both fed and state laws.

Interesting though.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-13-09 12:34 PM
Response to Reply #2
3. Thanks. Not what I was hoping to hear, but useful info. nt
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