Question about High Caps mag punishment

[neenaross]

What type of punishment would I be facing if I were to posses a "High capacity mag."?? I'm 22 years old and I currently own a Glock 19 with a few mags that hold more than 10rds. I can't use the "I bought it before Jan. 1, 2002 excuse", but I really feel that I need to have them. My worst nightmare is having an empty magazine in a life and death situation. Realisitically would I be facing jailtime with no prior records? Or would I just get a fat fine?

Any feedback would be great. Thanks

[Deer Hunter]

Where do you live?

"high cap magazines" is a misnomer. My 16 round magazines for the CZ75 is standard capacity, as is my 35 round galil magazines. "high" capacity is anything over standard capacity.

[Car Knocker]

It's somewhat difficult to comment with no idea of where you live. There is no federal ban on "high capacity" magazines, therefore any ban or restriction would be on your state or local level, wherever that may be.

[neenaross]

I live in New York City, NY.

[dfariswheel]

As above, it depends on where you live.
Some states and possibly some cities have laws limiting magazine capacity.

However, MOST places there is no limit and you can use whatever magazines you want.
Check your local and state laws.

[neenaross]

Also I'm 100% positive that they're banned here.

[Oldskoolfan]

Why do you really feel that you have to have them? I understand your sympathy. Are you carrying in NYC?

I suspect that this post should be closed.

[CountGlockula]

Get rid of them!

[DENALI]

Someone correct me if I'm wrong but I believe it's a (d) felony in the big apple.

[neenaross]

I guess I'm more paranoid than the norm. I was shot 1 time in the abdomen and once in the shoulder when I was just 19 years old on my way home from mcdonalds. I am a law abiding citizen and I have no intentions on breaking the law the reason why I'm asking you what my punishment could be is only because I would like to see if it is worth it. If you feel that this post should be closed than by all means do it. I also do not carry it around because I do not have a license for that. I have a family and home to protect since my father passed away. I am not a criminal, "thug" or whatever you want to assume... just a young adult living in a bad neighborhood.


BTW I've never ate mcdonalds the same again.

[neenaross]

Ok I'm going to take them apart piece by piece and dispose of them so they cant be used again.

Felony = Not in my lifetime.

Thanks for the info.

[HOME DEPOT GEORGE]

Just get rid of them, even if the punishment isn't real bad it will probably be enough to keep you from buying or owning firearms. Trust me I speak from experience, I did a lot of stupid stuff 20 years ago and spent a fortune to get my record expunged so I could purchase firearms and get my ccw.

[Scorpiusdeus]

It is a class D felony to manufacture, transport, dispose of, or possess a large capacity ammunition feeding device, which N.Y. Penal Law § 265.00(23) defines as "a magazine, belt, drum, feed strip, or similar device" manufactured after September 13, 1994, "that has a capacity of, or that can be
readily restored or converted to accept, more than ten rounds of ammunition." Section 265.02.

Oddly enough with limited exceptions, California law prohibits any person from manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, or lending any large capacity magazine. Cal. Penal Code § 12020(a)(2), (b). A "large capacity magazine" is defined as any ammunition feeding device with the capacity to accept more than ten rounds, but does not include any .22 caliber tube ammunition feeding device, any feeding device that has been permanently altered so that it cannot accommodate more than ten rounds, or any tubular magazine that is contained in a leveraction
firearm. Section 12020(c)(25).

California does not ban the possession of large capacity magazines.

[CountGlockula]

Ok I'm going to take them apart piece by piece and dispose of them so they cant be used again.

Smart move. You can own your weapons now with a good conscience.

[Flintknapper]

Of course, the correct answer is: "Move someplace where they don't have such draconian gun laws".

[Prince Yamato]

If you have a NYC pistol permit and the magazine was manufactured before Sept. 13, 1994, you are OK to posses the hi-cap mag. If it is a post-ban LEO marked or a NO BAN, post Sept. 2004 mag, then you are guilty of a felony in NYS and NYC.

[blitzen]

carry 10 round mags and learn to do very fast mag changes. No problem at all.

[19-3Ben]

heh. Don't worry about not having more than 10 rounds. I carry a revolver daily here in CT, and only have 5 rounds on tap. I don't feel undergunned. If you can't take it down with 10 shots of 9mm, you really ought not to have pissed it off in the first place. K?

No wonder people say eating at McDonalds is bad for your health. :neener:

[highorder]

I thought carry permits were almost unheard of in NYC?

what does it take to get one?

silly question, but is the OP legal to carry in the first place?

[Grunt]

I would think in any case, I would think the costs involved in legal fees in New York City far outweight the rental fee from U-haul...wink-wink, nudge-nudge!;)

[Mauserguy]

Why would you want to live in a stink hole where you can't even go to get a burger without being shot? You're young. You should leave now before you lay down roots. Go someplace where the air is clean, and you can start you're life, and later a family, without fear of criminals and police.
Mauserguy

[ArchAngelCD]

Wow, I was a little surprised to hear someone feels that 10 rounds isn't enough to protect yourself. I've hear people tell me that about my J frame but really, 10 rounds? Reloading your pistol with a fresh Mag takes no time at all and you still feel you need more?

If you really feel 10 rounds will leave you short you should practice a lot more and forget about the spray-n-pray method of SD. Also, since you said this is for HD why not use a shotgun since then you can avoid the whole high-cap law all together.

BTW, does anyone sell a limiter to convert your Mags to 10 rounds only? Check with Glock and see if you can make the Mags you already own legal instead of destroying them. If not you can always sell them to someone who can legally own them and use the funds to purchase 10 round Mags.

This is another one of the many reasons I left NY City for the Great Commonwealth Pennsylvania.

[iiibdsiil]

I felt the 6+1 in my carry gun was enough until I realized how fast I can empty the thing. I can have it empty before I can tell if you are going to stop or not. That doesn't sit right with me. You can be confident at the range, but if a situation arises in real life, you are probably going to be freaking out mentally (as you should be), and keep pulling the trigger until you know the threat is stopped, or you can't do anything more about it.

Think about when you almost miss an elevator, and you run to the button, and hit it 400 times before the doors open back up. Now think about how you are going to feel when you are using deadly force to end a threat to your life.

[The Lone Haranguer]

Even if we accept the premise that the law of survival or self-preservation outweighs the laws of men, having "only" eleven rounds in your handgun instead of sixteen still does not rise to that level.

[goon]

Sorry you're stuck living in a place like that. It's one of the many reasons I wouldn't ever live there.

IMO, if you're worried about legalities you should just put them up for sale and trade your two hi-caps for three ten round mags. You'll have about the same amount of ammo on hand but not be breaking a law.

But the best solution would be to save some money and move.

[practical]

This kid is either a TROLL or a criminal.

It's nearly impossible to get a pistol carry permit in NYC.

Furthermore, ANYONE getting a handgun POSSESSION permit in NYC, NY would already have had to do a LOT of research, PROVE they know how to legally store the gun and had to wait at least 6 months to even make a purchase.

Kid, you are A TROLL or a felon.

If you a OLD enough to have a gun you are old enough to go to your local authorities and local gun shop to find the answers. I call TROLL and ask this person to be BANNED NOW.

NYC and NY in general requires at least 6 months to get a gun permit and requires knowledge in the process of getting a gun which you would LEARN the answer to such a question.

[edman79]

I don't know if he is a troll or not but he did say that he didn't carry because he didn't have a license.

Eddie Ed

[aguyindallas]

Dont take them apart. Go to our For Sale section and post them to trade. There are a ton of people that have 10 rounders that would gladly trade for your standard capacity mags.

[Oldskoolfan]

Practical: The man said he doesnt carry. I suggest you reread the ENTIRE thread.

[Kind of Blued]

I agree. Ten rounds seems to be plenty. For all intensive purposes, use YOUR LEGS as the first possible solution to the problem before the next ten rounds.

I'm sorry to hear that you have been shot as an innocent. You COULD always entertain the idea of moving, although you must be a fellow jazz musician if you're still there.

[HankB]

I can't use the "I bought it before Jan. 1, 2002 excuse", Actually, a lot of people purchased magazines for firearms they didn't own yet, in anticipation of a bill banning said magazines.

Of course, if your magazines carry an "after the ban" date, or are unique to a firearm that didn't exist prior to the ban, this assertion won't hold water.

[Bridger]

This kid is either a TROLL or a criminal.

It's nearly impossible to get a pistol carry permit in NYC.

Furthermore, ANYONE getting a handgun POSSESSION permit in NYC, NY would already have had to do a LOT of research, PROVE they know how to legally store the gun and had to wait at least 6 months to even make a purchase.

Kid, you are A TROLL or a felon.

If you a OLD enough to have a gun you are old enough to go to your local authorities and local gun shop to find the answers. I call TROLL and ask this person to be BANNED NOW.

NYC and NY in general requires at least 6 months to get a gun permit and requires knowledge in the process of getting a gun which you would LEARN the answer to such a question.

He is not a troll, he is a NYC resident with a valid question.

As a NYC resident myself, I can confirm that the weapon posession laws in this city are downright confusing and not even understood by most NYC LEOs.

I believe in the NYC Administrative Code there is mention of 17 round magazines being ok for handguns, but I think there might have been a change since then Re: 2002.

For disposing of the magazines, you can give them to a friend out of state, or dispose of them to a LEO (PM me if you want any help)

[trickyasafox]

If your sure its illegal, don't do it and don't suggest it. simple as that

sorry to sound harsh- but thats just a silly thing to bring up.

NYC laws are very tricky- i go to school there. I can sympathize with your plight, but truth be known, thats one place that even if the 'technically' correct side of the law, NYC is one of the few places you still could get burned really bad :(

[Bridger]

Oh yes, I forgot to mention that over 10 rounds is a felony beyond that obscure AC reference, which as I mentioned above probably no longer exists.

[XavierBreath]

The original poster has stated he has previously been shot twice in the same attack. If he feels the need for a higher capacity gun due to his own experience, then who am I to question that? His personal experience definitely carries more weight than my opinion.

The original poster states he lives in a bad neighborhood with his family. He is their protector since his father died. I'm sure that he would move his entire family if he had the financial where with all to do so.

The original poster also states he is a citizen who intends to obey the laws of his municipality. Calling him a criminal, a thug and/or a troll is not really what The High Road is about.

I'm not certain of the legality of trades of full capacity magazines from within NYC for 10 round magazines from outside NYC. Nor am I certain of the legailty of selling them to an area outside NYC to get rid of them. This is definitely an area where the original poster needs accurate advice, not speculation and internet lawyering. I can say we don't condone illegal activity or the advocation of illegal activity on THR.

I can also say destroying or legally surrendering (if possible) the full capacity magazines and purchasing NYC compliant magazines is way cheaper than doing time.

Scorpiusdeus, can you provide a link? Not that I doubt you, I would just like to see the origin of your info.

Here are a few links that might or might not help.
New York Gun Laws (http://www.nraila.org/statelawpdfs/NYSL.pdf)

New York Gun Laws (http://www.nysrpa.org/nygunlaws.htm)

NY Gun Laws from the ATF (http://www.atf.treas.gov/firearms/statelaws/23rdedition/newyork.pdf)

[Scorpiusdeus]

I suspect it is the CA portion of my post you are looking for a link to.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=68656813521+1+0+0&WAISaction=retrieve

CA P.C. Section 12020(a)2 is the part I was addressing.