Rossi 92 24" Bbl ,45 Colt - is it NY SAFE legal?

[Ed in North Texas]

The Rossi 92 in .45 Colt with 24" bbl holds a max of 12 rounds. Is it NY SAFE legal, as long as 12 rounds aren't loaded? Question deals with NY State where I have friends, not the City where I understand this wouldn't be legal without a gunsmith plugging the mag.

[fecmech]

I think that only applies to detachable mags on semi's, lots of 24" Rossi's in gun shops around here. You can call 1-855-law guns(NYS info).

[Ed in North Texas]

I think that only applies to detachable mags on semi's, lots of 24" Rossi's in gun shops around here. You can call 1-855-law guns(NYS info).

Thanks.

[FergusonTO35]

If I ever have to bring a gun to an unfree state it will be a non-auto long gun that I wouldn't mourn forever if it got pirated. A crappy Remlin or one of the various $300.00 plastic stock bolt actions would be good for that purpose. No way would I ever bring an heirloom, personal favorite, or any sort of handgun.

[MediumCore358]

Tubular magazines are exempt from the 7 round restriction. Just got a Rossi 92 in .357 10+1 capacity.

P.s. Load all 12! I don't think an officer for example would cycle your action to count your rounds in a lever gun, with a detachable mag as you know rounds can be removed and counted without working the action.

[Ed in North Texas]

If I ever have to bring a gun to an unfree state it will be a non-auto long gun that I wouldn't mourn forever if it got pirated. A crappy Remlin or one of the various $300.00 plastic stock bolt actions would be good for that purpose. No way would I ever bring an heirloom, personal favorite, or any sort of handgun.

Well for sure non-residents don't bring pistols to NY, the state requires a permit. I was in a Gander Mountain and a man was buying some handgun. He paid for it and they gave him a piece of paper to take to whatever the office was which maintained his pistol permit in the county. That office would put the pistol on his permit and then he could come back and pick up the pistol he already paid for. That man already had a pistol permit, so the process was shorter than if he had to get the permit first.

I should be picking up the Rossi today from a local receiving FFL. For a somewhat different story of trying to buy a firearm in a less than free state (no offense MediumCore358, I have friends in this state), see:

http://castboolits.gunloads.com/showthread.php?281581-Attempt-to-Buy-a-Shotgun-in-a-Non-Free-State&p=3293930#post3293930

[stubert]

The safe act prohibits possesion of any detachable magazine holding more than 10 rounds, auto or bolt. It does not prohibit tube mags.

[Ed in North Texas]

Thanks to all who replied. I will soon be picking up the Rossi 92.

[Ed in North Texas]

Thought I would finish this up with the tale of picking up the rifle. In previous years of spending the summer here, well away from the Texas heat (55 this AM), I had used the same FFL to pick up a couple of rifles. The owner had spent some time making sure he could legally sell to me as a non-resident. When I gave him my TX Driver's License, he asked if I had a NY DL. I said no and he said he couldn't sell to me. After I pointed out that he had checked on this in previous years, he handed me the ATF State Law book (2010 edition) and headed for the phone. This was obviously a guy nervous due to the SAFE Act. As I looked at the paragraph he was using, I realized his problem was he was looking at the "enabling act" NY passed as required by the '68 GCA so NY residents could buy long guns in contiguous states. It said residents of NY state could buy long guns in contiguous states. He was reading it as a limitation on non-residents buying in NY. As I was explaining it to him as he waited on the phone, the state police got back to him. Told him that since 1986 Federal law pertains and as long as it was legal to be sold in NY and I could buy it under Federal law, there was no state law involved.

What a PITA! I guess I will pass up "good deals" in the future, or wait until I get home to TX where I fill out the 4473, hand them my DL and CHL and after they photocopy those I'm on my way out the door.

[Speedo66]

The only good thing is you now have yourself a very nice rifle. I very happy with my Rossi .357 and feel no other lever guns compare to them for the price. They've come a long way in quality control, mine had zero defects, stock issues, etc.

Good luck with yours, hope you'll be posting a range report. www.rossi-rifleman.com is a wonderful source of info on Rossi's.

[Ed in North Texas]

Yes, it appears free of defects and is a nice rifle. As I've been spoiled by my old Marlins, I only wish the bolt was easily removed for cleaning from the breech.

The range facilities are limited here, but I do have some .45 Colt loads with me and might manage to get to the range before I get home. Thanks for the resource, I'll definitely use it.

[curator]

Ed, Your NY gun craziness fun is about to begin. Most gun stores and retailers like WalMart won't sell .45 Colt ammo unless the buyer presents a NY pistol permit. The store that sold your Rossi might "allow" you to buy ammo as they know you have a long gun in that caliber. I bought two pistol caliber (.45ACP) carbines for my two daughters who reside in Buffalo for home protection and they couldn't buy ammo anywhere locally. Yes, they have 7 round magazines, but .45 ACP is a PISTOL cartridge so handgun permit is required for purchase. In NY, it is less important what the law really is than the perception of prosecution if you are arrested even if you are correct. My LGS in WNY also kept a log of what pistol ammo was sold and to whom (copy of driver's license) even though it was not legally required. "Better safe than sorry" the owner explained. There's many a reason so many people are leaving NYS for freer States.

[Ed in North Texas]

Curator, I hadn't considered that and thanks for the info. Guess I'm lucky. I had hoped for a good deal on a Rossi and brought a couple of boxes of .45 Colt reloads with me. If the Rossi likes them, I'm set until I get home.

What is also unfortunate is the range facilities. A Boolits board member who was familiar with clubs in Texas and northern NY briefed me a while back to not expect anything like what I have at home. That was putting it mildly. At best the facilities are intended to allow hunters to sight in once per year. I went to one club last year that had a single wood single seat bench (which had seen better days) at 100 yards from the cable strung so targets could be hung from it (bring your own method of hanging your targets, cable furnished). I'll admit some are a bit better than that. The clubs here are primarily shotgun league clubs, and those facilities are somewhat limited. I guess I could go to Drum, which must have better range facilities (one would hope so), but I hate the idea of having to register a weapon on post.

[MilesTeg]

There's a lot of miss information out there about what is legal and not legal in NY. If you have a very specific question there's a NY firearm forum (nyfirearms)with a lot mor knowledgeable people besides myself.

Im not familiar with your rifle on question so I can't give any specific answers but have some insight on some of the other topics brought up here.

NY is now 10 rounds not 7 not considering local ordinances. Rochester has a 5 round ordinance. Legally speaking the 10 vs 7 round was decided in the wester district court. Therefore there is no debate in the western half of NY. As to the other court districts in NY, the stats attorney general said that they will not enforce the the 7 round limit as long as the western district's decision stands.

As as far as buying the pistol ammo debate.... There is NOTHING in any NY law stating you need a pistol permit to buy pistol ammo. The places that require you to show one to buy ammo is a store policy only and have no weight of law. This is a pet peeve of mine and will NOT shop at anywhere that has this policy. The permit system in NY is unconstitutional it's self there is no need to help the antis out with self imposed rules that make no logical sense.

As far as ranges go it depends on where you land in the state. CNY where I'm from has a very active range platform. I'm a member of two of them. One is focused on long range shooting and has a very active F-Class following. The other is geared towards pistols that we shoot steel plates and defensive pistol weekly. There are 3 other active ranges within 30 minutes drive time. There's at least 5 other ranges that are geared towards the hunters that sight in the deer rifle once a year.

[Ed in North Texas]

I'm aware of the Western District court ruling, but was not aware that the AG has stated the limit wouldn't be enforced (though I seem to recollect the rule wouldn't be enforced on ranges anyway - but that might be what you are referring to). The Rossi 92 in .45 Colt, with a 24" bbl, holds 12, but as previously reported in this thread tubular non-detachable mags are not involved with NY SAFE (I have read that NYC is, as always, a law unto itself and requires even .22 lever tube mags to be pinned by a gunsmith to limit capacity).

As reported elsewhere, I've run into stores afraid to make a sale for fear of running afoul of "the law". A couple of years before NY SAFE (and Coumo II) a Herb Phillipson manager tried to tell me it was illegal under Federal and State law to sell a long gun to a non-resident (when confronted with fact, he fell back on "store policy"). I will not shop there. Also a long story about Gander Mountain. There the salesman wasn't sure but finally said it was legal, three managers were too afraid to agree and none would call the State or ATFE for guidance. I'll pass on Gander Mountain unless absolutely necessary (though to be honest, the Texas Gander Mountain stores don't have the problem - it is peculiar to NY).

I'm aware that other areas of the state have decent range facilities. Going from memory (my magazine is sent home), the NYSRPA magazine lists matches as close as Camillus - at best 90 minutes away and not exactly close enough for a casual range session. I can survive 'til I get home.

Thanks for the input.