The Bushmaster in New York

| December 25, 2012

Apparently, I was wrong when I said in a previous post that the Bushmaster was illegal in New York. Some Bushmasters are illegal in New York, but Bushmaster makes a state-compliant version. Two variants in .223 caliber, according to their website;

Bushmaster State compliant

The Predator and the Varminter don’t have a folding/collapsible stock, a bayonet lug or a flash suppressor which makes it legal to sell in New York. Gallagher Fan sent this link to the Hudson Valley’s Times-Herald Record which laments that that Bushmaster made a weapon that complied with New York State Law;

The Bushmaster M4 semiautomatic rifle has a pistol grip and detachable ammunition clip, which are two criteria for the sort of firearms state law prohibits. Yet an ordinary citizen can still buy such a gun because it lacks any other feature that meets the definition of an assault weapon.

Indeed, a flier for the outdoors retailer Gander Mountain recently advertised a version of the Bushmaster rifle on sale for $900. That gun comes with a magazine that holds up to 10 bullets; the gun used in Connecticut reportedly had a 30-round magazine.

State Assembly Democrats have been trying in vain since 2004 to expand New York’s definition of assault weapons. The Democratic-dominated chamber has overwhelmingly passed the proposal five times since 2005, but it has died each time because no senator — Democrat or Republican — has even introduced the same measure in the Senate.

Their article is accompanied by this photo;

AP Bushmaster photo

The Bushmaster M4 would be considered a banned assault weapon under that bill.

The Bushmaster M4 IS a banned assault weapon under current New York law.

That weapon in that photo is NOT legal for sale in New York, despite the caption that claims otherwise. It has a collapsible stock, a pistol grip, a bayonet lug and a flash suppressor – that’s four things, coupled with the box magazine which make it illegal in New York. Not to mention the 30-round magazines and what’s with the box of pistol ammunition in the photo? Of course, that picture was meant to mislead readers because that weapon looks more scary than the weapons that are legal to be sold in New York. The rifle in the Record’s picture also has what looks like a 16 inch barrel, while the rifles made for New York State have 20 & 24 inch barrels.

I’m not saying that a collapsible stock, a pistol grip, a bayonet lug or a flash suppressor make the weapon more deadly, that’s the emotional Left who thinks that appearances count for something.

Of course, Gallagher Fan’s point was that I don’t do my homework like I accuse the media of doing. But, this Chris Mckenna didn’t do his homework when he included that picture with his article, either.

So I’ll concede that a variation of the Bushmaster rifle can be sold in New York State, but not the one that we’ve seen from the media in regards to the Connecticut and the Webster, NY murders.

Category: Guns

Comments (26)

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  1. 2-17 Air Cav says:

    What, no grenade launcher?

  2. Flagwaver says:

    Everyone knows that a bayonet makes it easier to shoot. However, without a bayonet mount, you will just have to duct tape a kitchen knife onto your rifle to play soldier.

  3. USMCE8Ret says:

    It’s settled then. Given the criteria for how an “assault weapon” is described, to include the make, I propose the following articles ALSO be classified as an “assault weapon”, as they carry the same deadly potential:

    Dodge Challenger (needs to description)
    Easton Cyclone (type of baseball bat)
    Ginsu International (kitchen knives)
    Scotch (brand) precision scissors

    Shall I go on? (Sorry ExPH2 – I stole your idea from a previous post.)

  4. It doesn’t matter if the asshole had a single shot .22, he was a convicted FELON and should have not had any firearms. Perhaps a big F on their driver’s lic or tattoo it on their foreheads.

  5. bobble says:

    AFAIK (as a current NYS resident), New York State continued on with its’ own version if the Federal Assault Weapons Ban (AWB) after the sunset of the federal version in September of 2004. They are a very close match in their requirements/stipulations.

    1) There is no requirement in NYS that I am aware of saying that any centerfire/rimfire longarm may not have a barrel less than 20 inches in length. 16 inches is the accepted minimum.

    2) Magazines with a capacity of more than 10 rounds are legal as long as they were manufactured before September 1994 (the date the Federal AWB was originally instituted). How to tell if they aren’t marked? IDK. I guess the LEO’s will make that decision as they’re confiscating your firearm.

    3) There are manufacturers producing M-4 style stocks that are non-functional (i.e., fixed), making their ownership legal in NYS. Some folks like the look, I suppose.

    4) There is no clear definition of what constitutes a “flash hider/suppressor” (illegal in NYS) vs. a “muzzle brake” (legal in NYS). Once again, I guess the LEO’s will make that decision as they’re confiscating your firearm.

    If I’m incorrect in any of the statements above, let me know. I’ve been wrong before (as my Ex often told me).

  6. Ex-PH2 says:

    @3 – It’s okay by me. Fire away!!

    I see Staples has coupons for cans of Dust-off. I think I’ll just go buy me some…and some cooking spray….and one of those long-barrel butane lighters.

  7. Ex-PH2 says:

    Just a question about little things, like a shotgun, for instance. Shotguns can fire more than one round, right? You load the rounds into the breech and then fire away. So how is that not an assault weapon?

    I know — it doesn’t have a flash suppressor, pistol grip, grenade lanucher, or banana clip, but still….

  8. apachetears says:

    MoQuita Green, 25, allegedly used a “regular kitchen steak knife” to kill her boyfriend after an argument “got out of hand,”

    No flash suppressor, no large magazine, no folding stock nor bayonet lug or pistol grip yet MoQuita did a bang up job on her unarmed boyfriend Angel Asenjo Dec. 21 2012 at 7 am, stabbing him several times. MoQuita works for walmart as a loss prevention Officer.
    USMCE8RET Per your Gingsu knife comment.

  9. apachetears says:

    A shotgun is not considered an assault weapon to democrats, the single shot shotgun is considered a machine gun by them, one pull of trigger fires more than one projectile, birdshot or buckshot has projectiles numbering from 12 to hundreds and all come out with one trigger pull.
    Single shot or any shotgun equals machine gun to gun grabbers.

  10. UpNorth says:

    @#7, Ex, my son has a Remington 870 12 ga. shotgun with an extended tubular magazine and a pistol grip. I’m sure that any lib who saw it would get their panties all wadded up. Or, would they just get wee-wee’d up?

  11. Ex-PH2 says:

    @10, UPNorth, I’d like to see that! How about ‘soaking wet’?

    There is currently a proposed law in the Illinois legislature banning firearm IDs to those convicted of domestic violence.

    I think that’s a good idea, because if the offender gets hands on a weapon and has no ID, and commits a crime with or without the weapons, then a nasty sentence should ensue. I see nothing wrong with that.
    But since Illinois has millions of acres of open land used for farming and hunting, not to mention forest preserve areas, banning weapons altogether in this state is ludicrous.
    Deer hunters this year took out over 72,000 deer and barely dented the population. The last time I was at IBSP-North (mid-December) near the stateline, four whitetail deer – 3 full-grown, one half-grown – were grazing by the side of the road and only moved when I honked the horn.
    Without hunters, the deer population will get too big to be supportable, and WILL attract predators like black bear (already in Wisconsin), wolves and cougars (trail photos published) that are considered dangerous in an urban or suburban environment.
    The likelihood of an uptick in lyme disease in naturalized areas is also high, because it is carried by deer ticks, so-called because they are commonly found on deer.

  12. Scouts Out says:

    I don’t know Jonn, but the pictured AR might actually be legal. I’m looking at this on my phone so the image quality is poor, but that piece under the front sight post looks a little small for a bayonet lug. As for the collapsible stock and flash suppressor, the first is only illegal if it actually collapses. If it’s a “fully extended” fixed M4 style stock then it’s perfectly legal. As for the latter, I would need to see that rifle from the top to see if it’s a flash hider or not. Muzzle breaks are legal in NY, so if that’s a break as opposed to a suppressor then that AR is totally legal.

  13. Shutupapachetears says:

    For you info per you story that you republished..Ms. Green has not been proven guilty of anything. As a matter of fact she may have a great case for self defense. You have no facts regading this case other than you newspaper clipping from a small rural town that wants to blow things out of proportion. During a random search for info regarding this case ai ran across your ignorant posting in here.

  14. Virtual Insanity says:


    1) Not the point. Read for conprehension before posting.

    2) Your screen name is stupid and obnoxious.

    3) Go away before I taunt you a second time.

  15. Shutupapachetears says:

    Doesn’t matter the point asshole. I personally know her and I felt the post was disrespectful. The person he posted about is a fiend of mine and a former Marine. The guy probably put his hands on her and she did defended herself. That’s all I’m saying, so fuck off you dumb prick

  16. PowerPoint Ranger says:

    She may very well have “did defended” herself. Nobody here was passing judgment one way or another, so lighten up Francis.

  17. Virtual Insanity says:

    Okay, which of the following are not alleged/known, and which was “ignorant”:

    1) MoQuita Green, 25, allegedly used a “regular kitchen steak knife” to kill her boyfriend after an argument “got out of hand,”

    2) The knife had, “No flash suppressor, no large magazine, no folding stock nor bayonet lug or pistol grip yet MoQuita did a bang up job on her unarmed boyfriend Angel Asenjo Dec. 21 2012 at 7 am, stabbing him several times.”

    3) “MoQuita works for walmart as a loss prevention Officer.”

    Apachetears brought this case up, allegations and facts, to lay a comparison for the assault weapons ban discussion. Your personal connection aside, why should he shut up?

  18. Virtual Insanity says:


    P.S. I felt calling me “asshole” and a “Dumb Prick” was disrespectful, too.

  19. 2-17 Air Cav says:

    Pissed off dyke is all.

  20. Ex-PH2 says:

    @18, it was very disrespectful.

    People just do not teach manners to their kids any more.

  21. Anonymous says:

    Maybe were he said that she did a “bang up job”…I mean like I said I felt it was disrespectful. This page can be found doing a random search, I was checking on this case and came across this. Her family and friends along with the victims family and friends can see say that in that manner was disrespectful. You can ridicule someone all day but if you knew someone in that situation you would think it was distasteful and an “ignorant” choice of words also. And as far as what I wrote, yeah if you come off as an arrogant prick or an asshole then you probably are. I’m just trying to defend a friends name.

  22. Anonymous says:

    @19.. Way to represent your unit, very classy!

  23. Virtual Insanity says:

    #21 and the point of the post, in the context of this discussion, is that a woman killed a man with a knife. Not an assault rifle with a bayonet lug, pistol grip, high-capacity magazines and flash suppressor.

    Apachetears commented on the success of her use of the knife. in the context of this discussion, that is what is relevant. Whether in self-defense or not, he made no judgement.

    Your desire was for him to shut up.

    *I’m* just trying to defend his right to make a valid point.

    Now, the Streisand effect has kicked in and this page and thread will be even more prominent than if you had merely read it and moved on.

    And, you’re not the first one to call me arrogant, or a prick. For a long time it was my job discription. I’ll live.

  24. 2-17 Air Cav says:

    @22. Yeah, well that’s the way it comes across to me. Her name isn’t exactly a common one. Put it together with that town in Georgia and there it is for all the world to see.

  25. Ex-PH2 says:

    And let’s not forget, the person Apachetears posted about is ‘a fiend of’ shutupapachetears.

  26. Victimsfamily says:

    You are as ignorant as you can be, how do you think that they will charge someone with murder if there was no evidence of such. She had choices, she could have walked away, there were roomates in the apartment and she could have call out for help if she felt that her life was in danger, or she could have called 911, instead she calls his father and I am not going to tell you why. She is a murderer, there were no signs of abuse, no weapons found on the victim and no marks found on her…..Big deal if she was in the marines, she is a murderer. You need to look at the evidence against her before you start assuming things that are not true. She WILL BE CONVICTED, I will make sure that she pays for what she did. You did not know the victim, if you had – you would be shocked to know what kind of person he was.