relative lives in New York state...have ???'s to help him


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kmrcstintn
January 17, 2013, 01:53 AM
I have some extended family in upstate New York and one relative inherited his adoptive father's (his uncle...long story) firearms upon dying; I'm not sure what he has, but if the '7 round limit' question is asked of me I'd like to know how to answer him...

if he has any rifles or handguns that have 10 round mags, what procedures/processes will he need to do about the magazines and how soon? thanks

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tarosean
January 17, 2013, 02:41 AM
He can keep his 10rders. He cannot sell them or give them away. He cannot own pre ban magazines.

ku4hx
January 17, 2013, 02:58 AM
In many of the news stories the statement is made in part " ...one year to sell magazines out of state" or words to that effect. Was that a misstatement or is the out-of-state sale limited to hi-caps? I haven't re-read the NY stories once they came out a few days ago and interpretations do change.

Shadow 7D
January 17, 2013, 04:28 AM
From the sound of it, there will be no 'pre ban' class, no grandfathering in already owned magazine, instead the NY public has been given a year to comply with the law and dispose of magazine capable of holding more than X rounds, don't know if they could be modified, or not, but in a year, if he has them, he will be in violation of the law.

Aceoky
January 17, 2013, 08:04 AM
Lawyer Jim Tresmond, Attorney in Buffalo, New York. Attorney phone is (716) 202-4301, successfully represented clients in the past on Second Amendment issues in NYS Supreme Court. This case is pro-bono for all the gun owners of New York.

According to Mr. Tresmond the new ban is illegal as it is an ex-facto law taking away previously owned property and he intends to file this action in Federal Court. We are looking for as many as possible to add to CLASS ACTION CASE: SEND Your Name and EMAIL ADDRESS, Physical Address and phone number to: psacco1twcny.rr.com

BILLG
January 17, 2013, 11:07 AM
Best thing you can do to help him is to help move him out of NY state.

ZeSpectre
January 17, 2013, 11:11 AM
He can keep his 10rders. He cannot sell them or give them away. He cannot own pre ban magazines.

He cannot sell them or give them away in NEW YORK.
Since there are no records regarding magazines (yet) it's probably a prime time to ship them to someone he trusts in a state that respects rights.

ku4hx
January 17, 2013, 11:27 AM
He cannot sell them or give them away in NEW YORK.
This was my understanding.

What I'd like to see is a national "clearing house" for the magazines. If I knew a way to do it, I'd store NY illegal magazines for later return to the rightful owners. That may be pie-in-the-sky thinking, but it's pretty much all I can do as an individual with very limited attic space.

It might be cost prohibitive, but somebody might could make a buck or two and provide a valuable service. In the end it may just be cheaper to wait out the process (hope there is one) and buy new magazines when the time comes. I'm going to be optimistic and think the time will come.

heeler
January 17, 2013, 11:37 AM
This is absolutely insane!!!
I really feel heartfelt sorrow for New York gun owners.
I hope these politicians who are responsible for this get put out of office and soon.
With any luck the wrath of the gun owners will perhaps start looking at the daily lives and business dealings of these schmucks and maybe some will be exposed for campaign money violations,bribery,insider trading,and so on and sent to prison.

MikeJackmin
January 17, 2013, 05:38 PM
> He can keep his 10rders. He cannot sell them or give them away. He cannot own pre ban magazines.

This is my understanding as well.

He has a year to sell his >10 round, pre-ban mags to anyone in another state. He can keep the ten round mags already in his possession, but he cannot transfer them to anyone else in NY.

481
January 17, 2013, 08:05 PM
Given that the NY AWB is not a Federal ban, out-of-state manufacturers of magazines will not be required to mark their magazines as being "postban" (unless they do so voluntarily, of course), so I wonder how the state of NY is going to determine if a greater than 7-round capacity magazine "already in someone's possession" is a "preban" or "postban" magazine?

Taken a step farther, there can be no proof as to when a 10-round magazine was made making it impossible to determine when it was made (meaning that they can be taken away at the state's whim) OR taken another way, there can be no proof as to when a 10-round magazine was made making it impossible to determine when it was made (meaning that a 10-round magazine obtained illegally after the ban will bear no indication of its date of manufacture).

Sounds like a recipe for disaster, IMO.

marty1
January 17, 2013, 08:53 PM
Here's the law: some parts are confusing:
Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten rounds
of ammunition including those that were grandfathered in under the
original assault weapons ban and creates a new ban on magazines that
hold more than seven rounds of ammunition. Magazines that can hold
more than seven rounds but not more than ten rounds and are currently
possessed will be grandfathered in, but may only contain seven rounds
of ammunition. Exceptions are made for large capacity magazines that
are curios or relics.

How it reads you can have a 10 round magazine but cannot load more than 7 rounds. New guns which are sold are limited to 7 round mags. The law was written by a bunch of dopes from Brooklyn and Manhatten who never saw a gun in their life. For example my SKS is fine with a 10 round capacity since it has a fixed magazine.

Shadow 7D
January 18, 2013, 12:28 AM
OMG, a CZ82 just doubled or TRIPLED in price in NY, it's C&R and has 12 round mags

MikeJackmin
January 18, 2013, 04:13 PM
> OMG, a CZ82 just doubled or TRIPLED in price in NY, it's C&R and has 12 round mags

I'm pretty sure that, as far as magazines are concerned, the NY law only considers 'curios' to be guns that have not been made for 50 years, and for which no modern repros exist. The 12 round mags are a no-no now.

Shadow 7D
January 18, 2013, 04:22 PM
Curio and Relic is a class of firearm as defined by the Secretary of the Treasury
the CZ-82 is so defined as it was the service weapon of a defunct state, and of historical interest (Thank you West Point Museum)

MikeJackmin
January 18, 2013, 10:28 PM
Yes, the Feds do consider it a curio.

However, the definition of 'curio' in the nys law is different. They are not adopting the federal standard but inventing their own. You can see for yourself, just google up the tex of the law and search on the word 'curio'.

Old Shooter
January 18, 2013, 10:40 PM
Probably gonna be a lot of sales of shovels and PVC pipe in New York now.

I thought I read early on in this New York deal that you could still have the larger mags but they needed to be modified (pinned, welded, whatever) so they could not hold more than 7 rounds. Is that the case or are they just plain outlawed?

Onmilo
January 19, 2013, 12:35 AM
Drive to New York, pick up all your relatives stuff, give them a colt 1911, keep their stuff until New York pulls their colective heads out of their patootees and vote bums out of office.

kmrcstintn
January 20, 2013, 06:57 PM
Drive to New York, pick up all your relatives stuff, give them a colt 1911, keep their stuff until New York pulls their colective heads out of their patootees and vote bums out of office.

1) I don't have a 1911 to 'give' them

2) I doubt he'll part with the stuff since it has sentimental value

3) the law just won't go away if the idiots that enacted it are voted out of office

thanks for the suggestions...

Nasty
January 20, 2013, 10:07 PM
SO...the guy who bought 1000 PMags cheap a couple of weeks ago as an investment will now be forced to sell them out of state...perhaps at a reduced rate?

Interesting...

Pilot
January 21, 2013, 06:59 AM
3) the law just won't go away if the idiots that enacted it are voted out of office


So you think the comparatively few pro-gun, real people in upstate and western NY are going to out vote the ultra liberal, far left nanny state anti-gun voters in metro NYC, and surrounding counties? Maybe some research in NY politics is on order. The best thing to do for keeping gun rights is to leave that state. The NYC voter control is not going away anytime soon.

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