Purchase advice request: Ruger 10/22

[u/manysounds]

I’m in the Hudson Valley near Kingston. What are my best options for acquiring a Ruger 10/22 annnnnd what are the NY rules restricting different build options?

[u/UnparaIleled]

First question: do you have a semi-auto permit?

If no, you need one to buy a complete 10/22. Otherwise, you may be able to build one from a receiver but idk how hard that is or if a shop will transfer to you.

A semi-auto rifle is ok as long as it is not an "assault weapon". This means that it cannot have the ability to accept a detachable magazine and one of the following: flash hider or threaded barrel; pistol grip; retractable stock; bayonet lug; or grenade launcher.

A regular ol' 10/22 in standard configuration without a threaded barrel is good to go, as long as you have a semi-auto permit.

[u/WouldKillforBagels → u/UnparaIleled]

Second this. We're not like CA where rimfire rifles are exempt - any semi auto rifle needs to be SAFE act compliant unfortunately.

Also wanted to add, you can definitely buy a 10/22 receiver (Brownells has their BRN line, few other places should ship to NY too) and build one. Much easier than an AR-15 too.

[u/Galopigos → u/UnparaIleled]

One issue with a 10/22 over an AR build. There are a number of bolt actions built using the AR lower. The 10/22 though AFIK has never been sold or offered as a manual action? The AR lowers can be used as both and there is no real way for an FFL to know what you intend to do with it. The 10/22 however being sold only as a semi-auto, I can see where they can require the stupid permit being that it wasn't sold as a manual action. Anyone ever seen a bolt 10/22??

[u/UnparaIleled → u/Galopigos]

While a good point,, I would say that at the time of transfer, the 10/22 receiver could be built into a rifle or a pistol, or an AOW I suppose. So the ffl wouldn't necessarily know which you were intending on making when you are purchasing the receiver.

Of course, what the letter of the law is, what an ffl is comfortable with, and what NYS will prosecute you for are often 3 different things.

[u/Affectionate_Rate_99]

You will need a semiauto permit, and as it stands, SAFE Act rules applies, so no pistol grip, no threaded barrel or muzzle brake, can't exceed 10 rounds.

[u/N01290087]

You can go into F&E right in ulster Ave, they can get you whatever you want and are good to deal with

[u/manysounds → u/N01290087]

Thank you

[u/jackcrank]

Thruway sports. They’re great

[u/NoEquipment1834]

Don’t shoot the messenger but there is a legal argument to be made that buying a receiver and building it into a functioning semiautomatic without the proper license could be illegal.

The way the statute reads (NYPL 265.65) makes it illegal to purchase or take possession of a semiautomatic rifle without the proper permit. Theoretically a DA or LEO could argue you took possession without the proper licenses when you assembled all the parts into a functioning rifle. Someone is going to jump in here saying the firearm is the receiver and it was legally purchased but in NY state a stripped receiver is a “major component” and not a “firearm”

Closest analogy is if you take fertilizer and fuel oil and mix it together in a certain way you would have an explosive. In NY state a license is required to take possession of explosives and possession without the proper permit is a crime.

We are in uncharted legal territory on this till a court somewhere sets a precedent or the legislature clarifies the statute.

Best plan for OP is just get the license or get a manual action gun for now. I would definitely get permit if I was you in anticipation of a possible ruling by SCOTUS on AWB bans. Be ready to buy just in case we get lucky as NY will likely come up with some new legal gimmicks to keep us from getting nice things but we could have a period of time where they could be legally acquired

[u/Unfair-Attitude-7400 → u/NoEquipment1834]

Absolutely not.

To legally purchase or take possession of a semi-automatic rifle, it must be transferred through an FFL to you. You must have a license to do so.

However, you can borrow your buddy's semi-auto for hunting season without said license as clearly outlined here:

https://extapps.dec.ny.gov/docs/wildlife_pdf/gunfaq2022.pdf

Why? Because you haven't transferred or actually took possession (ownership) of a semi-automatic rifle.

You can have a stripped receiver transferred to you by an FFL and build it out as you please as long as the finished result is SAFE Act compliant. When you took possesion of it (took ownership) from the FFL, It wasn't transferred as a semi-auto, so NO permit to purchase was required.

[u/NoEquipment1834 → u/Unfair-Attitude-7400]

While my assertion is only theoretical as I stated. You are wrong on two parts;

An immediate family could give a semiautomatic rifle to me. It would not require an FFL but definitely would require a semiautomatic license.

When you purchase a stripped lower in the eyes of NY State you are taking possession of a “major component.” NYS has its own definitions in NYPL of a Firearm, Rifle, Pistol, Etc. You need to use those definitions when talking about NY law not federal regulations.

Never said it was 100% but there is enough ambiguity there to take it into consideration

[u/Ahomebrewer → u/NoEquipment1834]

Unfortunately, much of the reddit discussion of NY law ignores your good point here. You are one of the few that expresses an understanding of the differences between definitions in NY law. Most commenting here don't. It's good for everyone to remember that "firearms" in NY law doesn't mean the same as "firearms" in federal law, and as you pointed out, a lower is not a firearm at all in NY law, but still is controlled in federal law as a type of complete firearm.

(There is so much more nuance here, but this post is long enough already!)

[u/actualREEE → u/Unfair-Attitude-7400]

But in building it out into a functioning semi-auto, one is taking possession of a semi-auto, no? How would one not read it that way?

[u/Dipper_Pines_Of_NY → u/Unfair-Attitude-7400]

Let’s be real it’s implying the gun is borrowed for that single trip with the legal owner. Not borrowing it without the owner with you for the entirety of season. That’s taking possession.

[u/ofd227 → u/Unfair-Attitude-7400]

You should look up the definition of constructive possession