M1 Carbine and 15 rd mag in NY state.

[CoalTrain49]

I'm seeing conflicting information about weapons and mags in NY state, not NY city.

1) Is an M1 carbine legal in NY state?

2) Is it legal to buy and ship a 15 rd mag (1945) for that rifle to NY state.

Any help would be appreciated.

 

[Speedo66]

A regularly stocked Carbine itself is legal because it doesn't have evil attributes like threaded barrel, pistol grip, etc.

The 15 round mag I believe is a no-no in NY.

 

[Sol]

There are 5 round mags for it I believe.

In fact I think I have one.

 

[Salmoneye]

There are indeed 5rd mags, as well as 10rd mags available...

 

[CoalTrain49]

Thanks.

I think I found my answer but it took awhile. The gun and mag in question was USGI M1 which are considered relics (over 50 years old). Because the mag is over 10 rounds it has to be registered. Newer carbines are not legal.

3. Certain Tubular Devices / Curios and Relic Exemptions
Possession of an ammunition feeding device that has a capacity of more than 10 rounds is
still legal under the Safe Act if:
a. It is an attached tubular device designed to accept, and capable of operating only
with .22 caliber rimfire ammunition; or,
b. It qualifies as a curio or relic. In order for a magazine to be a curio or relic it must:
i. Have been manufactured at least 50 years prior to the current date; and,
ii. Is capable of being used exclusively in a weapon that was manufactured at least
50 prior to the current date; and,
iii. The possessor is not prohibited from possessing a firearm; and,
iv. The magazine is registered with the State Police
Curios and relics may still be legally purchased and brought into the State but they must be
registered within 30 days of their transfer into New York. The restrictions on transfers,
applicable to Assault Weapons, do not apply to relics or curios.

http://www.handgunlaw.us/documents/agopinions/Revised-NYSP-SAFE-Act-Guide.pdf

Page 9

The only question I would have is B. i. being exclusive. I suppose the mag could be used in a newer carbine but it wasn't built to be used in those. It was built to be used in the carbines being built at the time (43-45).

The SAFE act is a ridiculous piece of legislation. Are the majority of voters in NY brain dead?

 

[BSA1]

b. It qualifies as a curio or relic. In order for a magazine to be a curio or relic it must:
i. Have been manufactured at least 50 years prior to the current date;

and

ii. Is capable of being used exclusively in a weapon that was manufactured at least 50 prior to the current date;

Let us know how you prove the magazine(s) are at least 50 years old. I suppose the gun is easy enough by way of it's serial number.

 

[amd6547]

I thought the bayonet mount was an issue in NYS.

 

[CoalTrain49]

I've done considerable research on this. I won't say why here but this is my conclusion.

The mags built during WW2 are relics and exempt from the SAFE act IF they are registered.

They can be identified because all of them were stamped by the mfg. (subcontractor) for a specific company who built and delivered the carbines to the gov't. All of this has been well documented and collectors are familiar with those stamps.

I received an email from a person who lived in NY state. He said all of his carbines and mags were registered and the local LEO's had no problems with it. They are considered assault weapons in NY but are exempt because they are relics when they are registered.

Registration seems to be the key here.

Antique Guns & Magazines
Q: Is there any exception for historic or antique guns and magazines?
A: Yes, they are exempt from the prohibition against transfer, but if the gun qualifies as an assault
weapon it must be registered.
Q: What qualifies as an antique gun or magazine?
A: Any magazine or gun manufactured more than 50 years ago.
Q: I have an antique gun that now qualifies as an assault weapon. Can I transfer it?
A: Yes. As long as the gun is registered, it can be freely transferred to anyone.
Q: I have an antique gun with a magazine that can contain more than ten rounds. Can I keep the
magazine?
A: Yes, provided that you register both the gun and magazine using the same simple registration
process that is used for assault weapons.

http://www.governor.ny.gov/sites/governor.ny.gov/files/archive/assets/documents/safeactfaq.pdf

 

[NY'er]

...The SAFE act is a ridiculous piece of legislation. Are the majority of voters in NY brain dead?

Whoa whoa whoa. The politicians in Albany were elected by the handful of big cities and the Free Stuff Army who live there. They both are the problem...

To demonstrate this, here's the county by county map from the last election

 

[Red Wind]

^That is a very instructive map. Thank you! All my several dozen cousins live in the Red Part!

 

[tyeo098]

nvm