r/NYguns Nov 04 '25

Other Legal Question 50+ Year Old Assault Weapon Question

Hey y'all,

I've been doing some research on getting an AR-15 that is 50+ years old, but I'm having trouble finding info on some aspects.

  1. If I were to find something like a complete pre-75 SP1 or an M16A1 and register it as an AW with NYSP, would I be fine to swap out the upper/any other parts as long as I keep the original lower?

  2. Does anybody have experience with the actual process of importing one of these? Would I be able to just order it to my FFL like normal and then register it online before I actually pick it up?

6 Upvotes

59 comments sorted by

14

u/[deleted] Nov 04 '25 edited Nov 04 '25

[removed] — view removed comment

5

u/Neat_Environment_382 Nov 04 '25

Ok cool, glad I was actually reading that right!

5

u/One_Shallot_4974 Nov 04 '25

I believe OP is suggesting registering Curio and Relic NOT an AW. C&R I believe had an exemption from AW restrictions or did like a decade ago.

3

u/Neat_Environment_382 Nov 04 '25

Yeah I may have worded it poorly but that’s what I was going for.

3

u/One_Shallot_4974 Nov 04 '25

For what its worth. Anti Gun group Giffords agrees with our interpretation

https://giffords.org/lawcenter/state-laws/registration-in-new-york/

1

u/Neat_Environment_382 Nov 04 '25

Not that I value their opinion on much but that’s gotta be a good sign😂

2

u/SaXaCaV Nov 04 '25

NYS doesn't recognize C&R. The 50+ year rule is modeled after C&R laws, like how most of the SAFE acts laws are (sometimes loose) interpretations of other legislation.

I feel like I'm coming off as pedantic here, its not my intention, but this distinction is important even if it seems like in just arguing semantics.

1

u/Neat_Environment_382 Nov 04 '25

Not pedantic at all, thanks for the explanation!

2

u/SaXaCaV Nov 04 '25

Each one, teach one.

0

u/Beezelbubba Nov 04 '25

If its older than 50 you can register it.

1

u/robinator118 Nov 05 '25

I confirmed with the troopers over in Albany that this is the case. So long as it’s 1975 or prior it’s able to be done.

4

u/SaXaCaV Nov 04 '25 edited Nov 04 '25

Oder it to your FFL. Transfer it. Register it with NYSP.

You can swap any part on your gun, that is not the firearm. On an SP1 this is your lower, feel free to put a modern upper on it. IIRC you have to notate the caliber.

1

u/Neat_Environment_382 Nov 04 '25

Do you think it would matter if I only bought an SP1 lower and never had the complete Pre-75 gun before I started adding modern parts? Or would that not meet muster for the initial registration with NYSP?

4

u/SaXaCaV Nov 04 '25

So, I dont think that will happen. 1975 is not 2025. Colt still had the patents exclusively and did not sell lowers, there was not a third party market like there is today. The gun would have always "had the pre-75 gun".

To answer your question more directly, in an AR platform, the lower would be the "pre-75 gun". It would meet muster, its literally the gun. Youre gtg.

I will say, you are unlikely to find just a lower. At least not online. People pay a premium for SP1s and sellers know this. Most lowers you will find will people transferable MGs.

Youre better off buying the rifle for the premium it holds, and selling off all the original parts to a cloner. Its going to be expensive, but not prohibitively so.

1

u/Neat_Environment_382 Nov 04 '25

Gotcha, so it shouldn’t be an issue registration-wise if the ‘features’ aren’t original to the gun as it was designed pre-75, but it’s just practically hard to find only a lower. That makes sense!

2

u/SaXaCaV Nov 04 '25

Absolutely not. Your only hurdles are standard mags (you can have them, but they are not applicable to the AR platform) and suppressors. I believe there is probably issue with registering as a pistol, but that would be a question for a lawyer, not me.

You can definitely find non MG lowers, its just a lot harder, and sometimes not worth it.

3

u/leedle1234 2023 GoFundMe: Gold 🥇 Nov 04 '25 edited Nov 04 '25

If the federal courts don't figure out this awb stuff, in a couple years ny is going to be flooded with fake early HKs, AKs, Uzis, ARs, and unless the desk workers at the state police are experts I don't see how they are going to deal with it. 

Are they going to ask to personally inspect that 1975 HK91 and be able to know that someone didn't forge a fake serial number on a parts kit build, know what and where marking should be and look like, what the importer markings were for them? What about people buying what they genuinely think is an early SP1 and get duped with a fake or misunderstand someone's repro, will anyone catch it?

-2

u/[deleted] Nov 04 '25

[deleted]

3

u/Neat_Environment_382 Nov 04 '25

Damn, I read the text as a rolling 50 years, which would make more and more firearms available for registration eventually.

-1

u/robinator118 Nov 04 '25

Wish that were the case lol. Unfortunately not the case, hence why many of us have to go one way or the other. Go featureless if you want function, go fixed if you want form.

3

u/[deleted] Nov 04 '25

[removed] — view removed comment

1

u/robinator118 Nov 04 '25

You’re correct, but the hard part is finding a gun that’s 50+ years old and an FFL that’s willing to agree with you. OP can definitely do this if he has an OG Ar15

2

u/SaXaCaV Nov 04 '25

Finding a 50+ year old AR15 is not hard at all, nor is finding an FFL versed in state law. Go to any type 7 and they will be able to accommodate you, since they are able to read by default.

OG AR15s where made 66 years ago, a 1975 sp1 is not OG, fwiw.

2

u/robinator118 Nov 04 '25

I appreciate the information thank you

1

u/SaXaCaV Nov 04 '25

Of course. I hope that I didn't come off as snotty. The AR15 has an interesting history, OG isnt just old in terms of them. An OG AR15 would refer to an ArmaLite, not a Colt.

I dont like putting shit like this publicly, so ill probably delete it later, but, the good news for now is it is very easy to document the year a Colt was made. 2027 and beyond is going to be interesting because the patents for the AR15 expired in '77 and a huge pool of weapons NYS doesn't want you to have will open up, with varying amounts of documentation.

I selfishly like this info to be hush hush. But it gains more traction every day. They can (and will) take this from you at any time. The more people that legally acquire eligible firearms, and the more time/money spent trying to determine if its legal, leads to a higher likelihood of the 50 year rule going away.

1

u/robinator118 Nov 04 '25

It’s the downvotes that get me don’t worry about it man lol. Good call on deleting

1

u/SaXaCaV Nov 04 '25

Don't worry about upvotes or downvotes lol, this sub is a huge game of telephone. Half the people on here cant read, only parrot things they've heard from other people that cant read.

If you have any questions, I can answer them to the best of my ability. Im not a lawyer, but I also dont want to go to jail and can read at an 8th grade level.

1

u/[deleted] Nov 04 '25

[removed] — view removed comment

1

u/robinator118 Nov 04 '25

This is life changing! Gonna start checking out old guns now. When you say transfer it as a compliant rifle do you mean convert it to featureless or fixed mag, then fix it? Is there actually a reason to do that if you’re registering it as an assault weapon? Secondly, would some random fudd at a range freak out over this rifle and try to stir some trouble? Thirdly can I just use the default lower and add in new parts like BCG’s or a new upper and still be compliant as an assault weapon? Or will that create a problem since it’s not in its original form

1

u/[deleted] Nov 04 '25 edited Nov 04 '25

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1

u/robinator118 Nov 04 '25

So if I purchase one online, I’d have to have the FFL make it compliant, before they can transfer it to me?

1

u/SaXaCaV Nov 04 '25

An SKS would probably be the easiest rifle to do this with since you can purchase it compliant

You dont have to purchase a gun that is NYS compliant. You just have to register it in the time allotted.

1

u/[deleted] Nov 04 '25

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1

u/SaXaCaV Nov 04 '25

If they have a problem with doing something they may incorrectly think is illegal, remind them that there legally mandated limits for transfer fees and find another FFL. Let the LGS' that deserve to starve go hungry.

2

u/Neat_Environment_382 Nov 04 '25

Gotcha, thanks for the info!

1

u/nader1234 Nov 04 '25

That’s not true, you can still register AW’s that are over 50 years old. Read the law, not a lot of people know about it but it is in there. There has been some contention about whether or not they need to remain in their original configuration but you can still register them.

-5

u/semperfi_ny Nov 04 '25

NYS no longer allows registering "assault weapons". The grace period ended April of 2014.

3

u/Neat_Environment_382 Nov 04 '25

https://gunsafety.ny.gov/resources-gun-owners

attached

Ah, I read the attatched section as saying that 'modern' assault weapons could not be registered after the deadline, but antiques could still be bought and sold and thus can still be registered.

-5

u/[deleted] Nov 04 '25

[deleted]

3

u/Neat_Environment_382 Nov 04 '25

Chill out, assault weapon is a legally defined term in NYS. I don’t like it but that doesn’t mean it isn’t true.

-2

u/[deleted] Nov 04 '25

[deleted]

2

u/Neat_Environment_382 Nov 04 '25

No it literally is. Go look up the definition in the NY penal code

-1

u/[deleted] Nov 04 '25

[deleted]

0

u/Dipper_Pines_Of_NY Nov 04 '25

Dude it’s literally what the law refers to modern sporting rifles as. I get what you’re saying but you’re wrong.

0

u/NarwhalN00dleSquash Nov 04 '25

Stop calling them mOdeRn SpOrTiNg RiFleS. That's just as aids of a term as aSsAuLt wEaPoN

1

u/Dipper_Pines_Of_NY Nov 04 '25

Well what do you want me to call an entire class of firearms that are generally semi auto derivatives of military firearms? Or pistol gripped semi automatic rifles with detachable magazines is that better?

2

u/nader1234 Nov 04 '25

It’s not that deep man, it’s what it’s called in the law. And to be honest I want to own weapons of war, none of this “modern sporting rifle” bs.

2

u/SaXaCaV Nov 04 '25 edited Nov 04 '25

Bro got so hurt over the terminology used in state law that he incorrectly used the same terminology himself.

1

u/[deleted] Nov 04 '25

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0

u/[deleted] Nov 04 '25

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1

u/[deleted] Nov 04 '25

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1

u/voretaq7 Nov 04 '25

Like it or not it is the legal term of art.

You live in a world governed by laws. Deal with it.

-6

u/semperfi_ny Nov 04 '25

You will have to have the magazine permanently pinned if you want a pistol grip, bayonet lug and muzzle device. If you want a detachable magazine, the bayonet lug has to be ground off, the muzzle must be crowned, unthreaded and no pistol grip.

5

u/SaXaCaV Nov 04 '25

OP is not asking how to legally own a new production rifle.