When is a Plastic Grip Module Considered a Crime in NYS?

Question from Deblynn, When is a Plastic Grip Module Considered a Crime in NYS?

Answer from AI:

In New York State, the legality of possessing firearm components, such as a plastic grip module, can be complex. The key factors include the specific characteristics of the component and the intent behind its possession. Here’s a general overview to help understand when possessing such an item might be considered a crime.

Understanding Firearm Components and Legal Definitions

In New York State, firearm laws are stringent, particularly following the enactment of the New York Secure Ammunition and Firearms Enforcement (SAFE) Act. The law defines a firearm broadly and includes various components that can be assembled into a working firearm.

Key Definitions Under NYS Law

• Firearm: Under New York Penal Law § 265.00, a firearm includes any pistol, revolver, shotgun, rifle, or other weapon that can expel a projectile by the action of an explosive.
• Major Components: The law also covers major components of firearms, such as frames or receivers, which are essential parts of a firearm.

Plastic Grip Module Without Metal Parts

A plastic grip module devoid of any metal parts and without the ability to attach a slide without modification is generally not considered a firearm or a major component under New York law. However, there are specific circumstances where possession could still be problematic:

1. Intent to Assemble: If there is evidence that the individual intends to assemble the plastic grip module into a functioning firearm, it could be considered illegal. This includes possessing other parts that, when combined, could create a working firearm.
2. Possession of Other Components: If the individual possesses other firearm components that, when combined with the plastic grip module, could create a functioning firearm, this could be considered constructive possession. Constructive possession means having control over the components, even if they are not physically assembled.
3. Prior Convictions: Individuals with prior felony convictions are prohibited from possessing any firearm components under federal and state laws.

Relevant Laws and Regulations

Several laws and regulations govern the possession of firearm components in New York State:

• New York Penal Law § 265.00: Defines firearms and major components.
• New York Penal Law § 265.01: Covers criminal possession of a weapon in the fourth degree.
• Federal Gun Control Act of 1968: Prohibits certain individuals from possessing firearms and components.

When to Seek Legal Advice

Given the complexity of firearm laws, it is crucial to seek legal advice if you are unsure about the legality of possessing any firearm component. A legal professional can provide personalized advice based on your specific circumstances.

Steps to Take

1. Consult with a legal professional to understand your rights and obligations.
2. Review relevant laws and regulations to ensure compliance.
3. Consider the intent and context of possessing the component.

For more detailed information, you can refer to the New York Penal Law and the Federal Gun Control Act of 1968.

Remember, this information is for general guidance only and should not be considered legal advice. Always consult with a legal professional for advice tailored to your specific situation.