Tuesday, March 2, 2010

ATT post on arfkom: contacting NY Tax and Police

Larry Vickers
Vickers Tactical Inc.
3439 Ramsey St. PMB 131
Fayetteville, NC 28311
RE: This 2 day / 1200 rd /$450 private Rifle Instruction class that a John Burke of Brooklyn NY has arraigned for, to be held on Long Island at the Brookhaven Public Range on December 28/29;

Dear Mr. Vickers,
A few points you should be made aware of before you facilitate:
A Semi-auto Assault Weapon configured with the proscribed features that limit it’s constructive possession to those entities listed in NYS Penal Law who are afforded the exemptions from Prohibition under §265.20, cannot be handles by civilians at any such event.
Although such an event (Training-Education) is not subject to the requirements for the collection of NYS sales tax for services, the vendor MUST be a registered business entity possessing a NYS Certificate of Authority as per Article 28 and 29 of the NYS Tax Law.
If a second party is the arraigner of the event, the payment of any fees or reimbursements made to the actual Training contractor must be reported to the state of New York Department of Taxation and Finance. The training contractor, if payment is made within the confines of the state of New York must be also registered with the New York State Department of Taxation and Finance.

The Town of Brookhaven Range operator (a contracted private entity) is required to report all income from the usage of the facility (even on days they are closed) to the township. The non-reporting of income from range operations can render said contract as null and void as well as subject the range operator/contractor to additional legal and financial penalties.

It has also come to my attention that an out of state entity may be in attendance possessing several samples of the H&K 416 Assault rifles as well as a Bushmaster ACR. The legal requirements for any entity regarding their constructive possession of a Machine Gun, is highly restrictive, whether they are domiciled within the state of New York or a foreign entity (outside the state of New York). The possession of a Federal Firearms License does not relegate NYS laws and regulations.
A commercial entity, licensed as an FFL, who is a Special Occupation Taxpayer Class 1, may transfer inventory (Machine Guns and NYS-defined Semi-Auto [LE] Assault Weapons) to an agent, employee or representative, for bonifide business purposes. They may not however constructively possess them where state law prohibits such. The 1986 FOPA (Firearms Owner's Protection Act) only covers uninterrupted transport through NYS, not possession while teaching a training course.
Under NYS Penal Law, a private citizen, regardless of their state of residence, is not exempt from the prohibitions of possession of machine guns. NYS Penal Law §265.20 listed exempt entities can be further restricted by local laws and/ or their agency’s Rules and Procedures.

To legally possess a machine gun in New York State, the commercial entity MUST be licensed as an FFL Type 7 or Type 10 as well as being a Special Occupation Taxpayer Class 2. In addition, the entity MUST be registered with the US Department of State as required under ITAR. Under New York State law, the entity possessing machine guns MUST ALSO be a corporation, domiciled within the state, possessing a “New York State Firearms Manufacturer’s License” administered by the New York State Police.
Examples of non-compliance by firearms manufacturers from outside the state of New York:
• John Visintini, sales rep for Sturm, Ruger was arrested by the Buffalo PD for illegally possessing 2 Ruger AC556 Machine Guns even though he was a factory representative bearing official notice from the manufacturer stating such. The weapons were seized and at the expense to Ruger, shipped back to the company. Mr. Visintini was subsequently released on a personal recognizance bond.
• Michael Kolozvary, sales rep for Smith & Wesson cannot possess factory sales samples without them being listed on his NYS Pistol Permit. He also cannot possess select-fire versions of the S&W M&P-15, and instead, has them shipped to himself from S&W; care of the agency where he will be demonstrating said weapons at. He has no legal right under NYS Penal Law to possess machine guns even though he works for S&W.
• Former employees of the HK-Training Division, John Zamrock, David Buchannan and Joe Tuzzolino understood the state restrictions and would only travel into the state of New York upon official invite (on letterhead) issued from a Law enforcement agency. They could only travel un-interrupted directly to and directly from the host law enforcement agency.

Additionally, if Mr. Burke is the organizer this “GUN SHOW” and has assumed the position of “GUN SHOW Promoter”, all activities occurring on, in or around the event MUST comply with all municipal, state and federal laws. He is criminally liable for any and all illegal activities occurring under his purview.

Very Truly Yours,

John Parmerton, President
Applied Tactical Technologies, Inc.
Richard Dormer, Police Commissioner, Suffolk County Police Department
Walter Heesch, Major, Troop Commander, Troop L, NYSP
Joseph DeMaria, Inv. NYSP-Gun Investigation Unit
Edward Morris, Commissioner, Town of Brookhaven, Dept. of Parks, Recreation, Sports & Cultural Resources.
Jamie Woodward, Acting Commissioner, NYS Dept. of Taxation and Financ

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