NY State hi-cap mag laws... What's the real deal?


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Pete45
February 8, 2006, 11:21 PM
I have brought this up before, but wanted to see if there was any new knowledge on the subject. I live in New York State (on Long Island) and we have our own Assault Weapons Ban still in effect. Nope... the "sun" never "set" here. This ban is pretty much the same as the Federal AWB.

Anyway, these websites which sell magazines also have a list of their legal restrictions with regard to magazine shipment. They say that residents of New York City can not be shipped magazines with a capacity higher than 10. With regard to the rest of the State, they say they can ship magazines with a capacity of 17 or less. It does not specify anything regarding LEO only shipments when referring to the 17 round capacity mags.

Did something change in this state and they are not telling us? Is there no longer a "10 rounds only" magazine capacity rule for New York State?

Any info would be appreciated,
- Pete45

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lobo264
February 9, 2006, 11:23 AM
Found this on packing.org:

It is a class D felony to manufacture, transport, dispose of, or possess a large capacity ammunition feeding device, which N.Y. Penal Law ß 265.00(23) defines as "a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition." Section 265.02.

Best to verify for yourself.

Berek
February 9, 2006, 12:20 PM
From the pages of Penal and Criminal Procedure Law of the State of New York by Looseleaf Publications, the law states:

S265.02: Criminal posessions of a weapong in the third degree
A person is guilty of criminal posession of a weapon in the third degree when:
{snip}
(8) Sucha person posesses a large capacity amminution feeding device. (Eff. 11/1/00, Ch.189,L,2000)
Criminal possession of a weapon in the third degree is a class D felony.

The definition of "large capacity feeding device" is:

S265.00: Definitons.
{massive snip}
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninty-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such a term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (Eff. 11/1/00,ch.189,L,2000)

I know how you feel. I live in Western NY and I think this sucks. Sorry, nothing's changed... :fire: :cuss: :banghead:

Graystar
February 9, 2006, 01:32 PM
Nothing has changed with regards to New York Stateís magazine restrictions.

As you know, New York State has an AWB in place that limits magazine capacity to 10 rounds. Only pre-ban magazines with capacities greater than 10 rounds are legal to possess.

NYC has its own special twist on magazine possession. There is a 17 round limit on all magazines, regardless of when it was made. It is illegal to possess a magazine for a gun that you do not legally possess. You can only dispose of or receive a magazine from a licensed firearms dealer. Even if within legal limits, you cannot use a magazine in a gun where the magazine extends past the grip of the gun. That means that you canít insert your legally owned 10-round G17 mag into your legally owned G26.

On top of all this, rifle mags are limited to 5 rounds. I believe Ruger makes special 5 round mags for its 10/22 for NYC.

As for the websites claims, they donít seem right. Any FFL can ship a pre-ban magazine up to 17 rounds to an NYC resident with a valid handgun license, or any other resident in NYS who isnít restricted by local law. No one can ship a post-ban mag of a capacity greater than 10 rounds to anyone in New York State. A parts supplier who is not an FFL cannot ship a magazine to an NYC resident.

What a nutty place I live in.

GHF
February 10, 2006, 01:10 AM
I have a Beretta 9000s in 9mm that did not exist in 1994 (it came on the market in the US in 2000-2001). Originally acquired with 10 round mags in 2004, I am about to acquire the 12 round mags it was designed to use (the .40 has only 10 rounders).

Should I be going thru NY or NYC under the Federal law (ie Florida to CT, lets say in a continuous journey with empty weapon and mags, locked away from the driver), what should I expect to happen?

Graystar
February 10, 2006, 01:17 AM
Federal law says you can pass through, so nothing will happen.

steveracer
February 10, 2006, 10:08 AM
I have a lot of magazines over the "legal" limit, and none of them are marked IN ANY WAY. This means, to the letter of the law, that they were produced BEFORE 1994. I've owned them since high school, right?
Sooooo, when I visit my family in NY, with my M1a, and AR-15, I only have PRE-BAN magazines, even if they were made last month.
As for your berretta, you're screwed, since they never made magazines for that gun before the ban. Just make a hotel reservation in Vermont, and print it out. If you get pulled over in NY, show them your printed reservation, and tell them you're passing through.
NY's laws are complete BS. The only protection from BS is a little BS of your own.
The burden of proof is on the prosecution, NOT the accused. Enjoy your time in a very beautiful, if not tyrannical, state.

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