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New York SAFE Act Loopholes
 

 

 
The State Police are trying to entrap law abiding New York firearm owners.
 
HOW? The New York State Police Troop L Gun Investigation Unit is telling owners that AR platforms with a fixed magazine receiver and rifles which are manufactured as a “fixed magazine” ARE compliant.
 
 
Do not permanently fix a magazine in your AR platform rifle in New York State.
This statement applies to all AR platforms with a removable trigger guard on the lower receiver.
 
When Eugene Stoner developed the AR platform it was designed to be used in all climates, from the jungles of Vietnam to the Arctic. The United States armed forces use mittens in cold weather climates. Eugene put a removable trigger guard on the AR platform so the weapon could be operated when the soldier was wearing mittens, as shown in the picture below.
 
New York Safe Act Bullet Button
 
As a federal manufacturer of firearms, after the New York State Safe Act was signed into law, I assumed I could continue to manufacture and sell AR rifles in New York State as long as I permanently fixed the magazine in the firearm since the language of the New York State SAFE Act's section as it pertained to assault weapons says a semi-automatic rifle which does not have a detachable magazine is not an assault weapon and legal to posses in New York State.
 
The Bullet Button Gray Area of the Safe Act.
 
When manufacturing AR platforms, originally we would install a 10 round magazine, per the New York State SAFE Act magazine restrictions. Then we would install a drilled and taped stock magazine release. After it was installed we would put 2 set screws with Red Locktite and epoxy through the magazine release so my customers could not remove the magazine. By doing this, I was BREAKING THE LAW.
 
Yes, I was breaking the law. I was breaking a key black and white provision of the SAFE Act, the SAFE STORAGE OF FIREARMS.
 
I was also putting my customers in a position to break New York State Conservation Law with regards to the number of rounds a rifle can have when used to take game. 
 
 

Bullet Button

 

Drilled & Tapped Magazine Release

 

Use with removable trigger guard

 

Use with non-removable trigger guards

 
 
 
 
New York State Laws Regarding the Safe Storage of Firearms
 
New York State Requires that Firearms be Stored with a Locking Device in Place if the Person Resides with a Prohibited Person: 
New York State require firearms to be stored with a locking device if the person resides with someone who is ineligible to possess firearms. New York enacted a law in 2013 (SAFE Act) which requires a firearm owner to keep his or her firearm locked if he or she lives with a convicted felon, a domestic abuser, or a person with a federally prohibitive mental health history.
 
New York State Requires Locking Devices on All Firearms Transferred by Licensed Dealers:
New York prohibits retail sales of firearms without a locking device, which may be an external device or integrated in the design of the firearm. 
 
 
An AR Rifle needs to have the magazine removed so the cable of a cable lock can be run down through the magazine well to store it safely. The New York State Police state a "common household tool can not be used to unlock a firearm." A simple nail is all that is required  to drop the bottom trigger guard out of the way rendering USELESS any trigger style lock. 
 

Cable Lock

 

Keyed Trigger Lock

 

 

 
 
ADDITIONAL SAFE STORAGE LOCAL LAWS
 
Albany, NY
In September, 2015, the City of Albany enacted an ordinance prohibiting any person who owns or is a custodian of a firearm from storing or leaving out of his or her possession and control, a firearm that is not disabled by a locking mechanism or securely locked in a safe storage depository. The depository must be incapable of being opened without the key, combination or other unlocking mechanism and capable of preventing an unauthorized person from obtaining access to and possession of the firearm contained therein
 
New York City
New York City requires any lawful owner or custodian of a firearm to render his or her weapon inoperable by use of a safety locking device while the weapon is out of his or her immediate possession or control.37 New York City also requires the inclusion of a safety locking device with the transfer of a firearm.  The city prohibits the transfer of any firearm without a “safety locking device,” defined as “a design adaptation or attachable accessory that will prevent the use of the weapon by an unauthorized user.” In addition, no person may obtain a firearm without purchasing or obtaining a safety locking device at the same time.
 
Standards for Locking Devices
The New York State Police has also promulgated general standards for locking devices, requiring, among other things, that the device must:  1) open only by either a numeric combination, key, magnetic key or electronic key; and 2) be constructed with such quality of workmanship and material that it may not be pried open easily, removed or otherwise defeated by the use of “common household tools.”
 
 
 
New York State Department of Environmental Conservation Laws
 
Manner of Taking Game
It is illegal to hunt or take wildlife with any semi-automatic firearm with a capacity to hold more than 6 rounds, EXCEPT the following semi-automatic firearms:
firearms altered to reduce their capacity to no more than 6 shells at one time in the magazine and chamber combined
 

You will get a ticket from a State DEC Officer, if you are hunting with a fixed magazine in your rifle and that magazine can accept more than 5 rounds.

 

Please Read This:
Bullet Buttons have Not been approved by the NY DOJ!  The bullet button has been designed to conform to the law as written with regards to not allowing the magazine to detach in a semi automatic rifle yet also allows the safe storage of firearms.

Do Not use this bullet button with Magazine Larger Than 10 Rounds Capacity.

 
   
   
   
   
   
   
   
   
   
   
   
   
     
     
 

Department of the Army

 
     
 

Chapter 3 of the United States Army's Field Manual for M16 series weapons which the AR15 is specifically states users take

specific corrective action when the weapon malfunctions. Malfunctions are extremely dangerous and can cause death to the

operator. Per the field manual, all malfunctions of this series of weapon require the removal of the magazine in order to fix

the malfunction. Click on the link below for Chapter 3. Print and read this chapter since it could save your life.

 

 
   
   
   
 

   
 

DEPARTMENT OF THE ARMY

 
 

RIFLE MARKSMANSHIP M16/M4 SERIES WEAPONS

 
 

FIELD MANUAL 3-22.9

 
 

Chapter 3 : Troubleshooting and Destruction

 
     
     

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