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Standard caps legal in New York state?

Discussion in 'Legal' started by Wedge, Dec 9, 2004.

  1. Wedge

    Wedge Participating Member

    Oct 6, 2003
    Are standard capacity magazines legal in New York state? I am looking to get either a Glock 26 or 19 and if the 15 rounders are legal to mail order I think I may go with a 19. Thanks!
  2. Graystar

    Graystar Participating Member

    Dec 29, 2002
    Brooklyn, NY
    Only pre-ban standard mags can be possessed. NYS still has a ban on “large capacity†mags.
  3. beerslurpy

    beerslurpy member

    Nov 8, 2004
    Spring Hill, Florida
    I just had a funny thought. Since post-sunset mags are no longer stamped LEO, how can you tell the difference between the pre-bans and the post-sunsets? I think that the hi-cap mag ban just got defacto repealed.

    Also, I just realized that my Ak47 isnt an assault rifle under new york law. Not that I plan on moving there, but it is ironic.
  4. RaggedClaws

    RaggedClaws Member

    Oct 29, 2004
    Actually, all Avtomat Kalashnikova (AK) models are covered by the New York State assault weapon ban. There is a list of specific weapons that are covered and the AKs are on that list (so it doesn't matter if they don't meet the other criteria in the ban, they're still verboten). :rolleyes:
  5. Pete45

    Pete45 New Member

    Apr 12, 2004
    Long Island, NY
    Very confusing

    New York State still has it's own AWB in effect. If you have more than 10 rounds in a mag, it had better be a pre-ban mag. Still, I don't know how anyone could tell when an unmarked mag was manufactured. The only mag you could be sure about would be an LEO marked "ban-era" mag.

    What's stinks for people like me (who want to buy mags and live in the State of NY) is that merchants no longer advertise "pre-ban" mags. They may be selling pre-bans mags, but feel no need to specify since most of the nation has no AWB. You're never sureif you are buying something that's legal to buy. The only way you would find out is if they were on the ball enough to refuse shipment to NY. That would be a clue :)

    Another thing I have noticed is that many online and catalog vendors say that they can ship magazines to New York State as long as their capacity is no more than 17 rounds and to New York City as long as the capacity is no more than 10 rounds. This seems to contradict the state-wide limit of 10 rounds. Do they mean that only LEOs can get those 17 rounders and not Joe Blow shooting enthusiast?

    One more thing... what if you modified a pre-ban Beretta 92FS mag to fit a Springfield XD, a pistol that began selling while the ban was in effect (i.e. no pre-ban XD mags ever existed)?

    This whole thing is very confusing.

    - Pete45
  6. cslinger

    cslinger Senior Member

    Dec 24, 2002
    Nashville, TN
    Remember on magazines there may very well be a date of production stamp of some kind, a serial or patent number that can be traced to a generic date of filing or production year etc. Just because a magazine doesn't have a big ole' I'm illegal in NY stamp doesn't mean that some enterprising DA couldn't find out if the magazine was made after 1994.

    I am not saying Glock magazines have any marks like this I am just advising caution. It's a stupid law but it is a law.
  7. Karl in NY

    Karl in NY New Member

    Aug 9, 2003
    Upstate New York (rural)
    NYS legal G19 mags for sale

    I have actual preban 15-round Glock 19 magazines, new condition, for $25 if anyone is interested.

    kjuul at nycap.rr dot com
  8. Graystar

    Graystar Participating Member

    Dec 29, 2002
    Brooklyn, NY
    The lowdown on New York

    First, here’s New York State’s definition of a large capacity feeding device:

    Penal 265.00 Definitions
    23. "Large capacity ammunition feeding device" means 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; provided, however, that such term does not include
    an attached tubular device designed to accept, and capable of operating
    only with, .22 caliber rimfire ammunition.

    It essentially matches the federal definition.

    In New York State, the military and law enforcement has always been exempt from restrictions on "assault weapons" and "large capacity ammunition feeding devices" (Penal 265.20(1))

    New York State has no laws limiting the possession or transfer of legal magazines, although New York State *does* prohibit firearm dealers from selling handgun ammunition to anyone that doesn’t possess a pistol license. (Penal 270.00(5))

    New York City, however, has several laws that cause lots of confusion.

    In New York City, only licensees or permittees may possess any kind of handgun or long gun magazine. (NYC Admin Code 10-131(i)(1))

    In New York City, a magazine that holds more than 17 rounds is illegal, regardless of manufacture date. Further, it is illegal to possess a handgun magazine that extends past the grip. (NYC Admin Code 10-131(i)(6)(a))

    In New York City, licensees may receive and dispose of handgun magazines to licensed firearm dealers ONLY. (NYC Admin Code 10-131(i)(7))

    That’s right...I can’t even give a plain ol’ 10 round Glock 17 mag to my buddy, who also has a Glock 17 listed on his license, simply because we live in NYC. If we lived outside the city then we could make the transfer.

    That said, neither state nor city law limits the definition of a dealer in firearms to dealers within New York. I buy ammunition from Ammoman and I could buy a magazine (that's legal in New York City) from any FFL in the country.
  9. ctdonath

    ctdonath Senior Member

    Jan 9, 2003
    Cumming GA
    Post-'94 mags over 10 rounds are still illegal in NY.

    Can one tell the difference? usually not. THAT DOES NOT MAKE NEW MAGS DEFACTO LEGAL.

    Remember: in NY, all handguns, AWs and >10rnd mags are ILLEGAL UNLESS DEMONSTRABLY OTHERWISE. The issue is not whether Sgt. Friday can prove your 30rnd AR mag is illegal. The issue is whether you can convince Sgt. Friday that your 30rnd AR mag is legal.

    Sure, most of the time it won't be worth their while to harrass you about a mere magazine. BUT ... they're just as aware as you are that post-'94 mags are practically indistinguishable, and as gun-grabbers are what they are, they will prefer to make the legal atmosphere hostile to possession - remember, they only grandfathered in the old mags because they had to, not because of any sympathetic feelings.

    Assume NY law enforcement WANTS to stifle >10rnd ownership. They catch you with one, they'll make you prove it's legal...or they'll prove it's not. Be ready for metallurgy tests, chain-of-ownership questioning, and anything else they can to prove it illegal, or harass you until you give up.

    The NY AW ban was put in place by people who hate our kind. Don't expect them to play nice.
  10. carpettbaggerr

    carpettbaggerr Participating Member

    Nov 13, 2003
    They'll have to prove it's illegal. Burden of proof is still on the State.

    Has anyone even had a magazine confiscated? Or even been questioned about them? Haven't heard anything, not even second hand rumors, myself.

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