NY Gun Laws

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ChrisAHF

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Ok, so I know that there is a 10 round magazine capacity in NY unless its pre-ban. So does this include pistols? So say I were to carry a glock 19, I could only load 10 rounds into that mag? I guess I never really though about this because im not 21 just yet but if this is true its just another dissapointment with NY gun laws. Help?

:confused:
 
No, what it maens is you'd have to buy mags that have been "neutered" to only ten-round capacity (what us elsewhere call Klinton Klips), unless you were able to find a full-capacity mag that was in NY before the ban. Even then, if you use those in self-defense you may have some issues with the jury...
 
Even then, if you use those in self-defense you may have some issues with the jury...
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Yep. I have some genuine pre-ban mags for some guns here in NY that are perfectly legal, but theres no chance I would carry them. (I do know people here who do carry them though). The fact is many of the local police don't even know the gun laws. I'm by no means 'cop-bashing' here, it's just simply the truth. I know it from several personal experiences regarding both my own firearms and those of friends. A legal pre-ban magazine can still get you in all sorts of hassle with the law. The second reason is that although it's legal to have magazines that were manufactured prior to September 14, 1994, you'd better be prepared to PROVE to a jury that fact is accurate in regards to your magazine. You MAY expect to be arrested for having a "Large capacity ammunition feeding device" as defined in NYS law , until such time as you can prove in court that it was legal for you to possess it.

Diamondback6: Already answered the original poster's question. From the question asked though , one can assume that the original poster is/was not aware of the fact that most firearm manufacturers produce magazines in their full capacity as well in a 10 round version.

Just out of curiosity ChrisAHF , where in NY are you ? Although the capacity issue is state-wide, different counties in NY can have some very different restrictions regarding carry.


On a side note of the capacity issue.. I carry a 1911 with 8 round mags, or a revolver with 6 or 7 round capacity.
 
No, what it maens is you'd have to buy mags that have been "neutered" to only ten-round capacity (what us elsewhere call Klinton Klips), unless you were able to find a full-capacity mag that was in NY before the ban. Even then, if you use those in self-defense you may have some issues with the jury...
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Not exactly. It's basically a mirror of the old federal ban. All you need to do is get "pre-ban" mags. Why not use one for self-defense? You're not going to go to jail if you obey the law. They can't charge you for NOT committing a crime. And, as you pointed out, most of the cops don't even know the difference, so clearly, it's not like the law is widely enforced.
 
And, as you pointed out, most of the cops don't even know the difference, so clearly, it's not like the law is widely enforced
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Just the other way around unfortunately. It IS indeed widely enforced. When I said that some cops don't know the laws, what I meant was that many of them I've spoken with on the subject don't know there is an exception to the 10 round capacity limit. Granted, unless you actually use your handgun in a self defense situation, there is not likely to be too many situations where they are going to pop out your mag and look closely, but I have heard about it happening at the occasional traffic stop and search. I have personally had a decent number of inappropriate searches in my time in NY over the years (none of which have ever uncovered anything illegal by the way)
Actually though, for the most part my personal experiences and trials with some local law enforcement in regards specifically to magazine capacity have been about rifles. Several officers I have encountered in NY have been unaware (and downright argumentative) that my pre-ban rifles are perfectly legal with their pre-ban hi-cap mags.
 
If the police officer doesn't know you can't carry over 10 rounds, you can be sure the local DA does.

Any mag had better be perfectly legal, pre-ban and provable, if you decide to carry it.
 
how hard is it to get a pre-ban mag? i know they exist, but do they ever go up for sale? are they a fortune?
 
They can't charge you for NOT committing a crime.
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Sure they can: if the cop can't tell whether you're committing a felony or not, he's within his powers to toss you into a cage until a judge can sort it out.

And yes, that's the issue at hand: mere possession of a >10-round post-'94 mag in NY is a felony, while possession of a >10-round pre-'94 mag is perfectly legal ... and generally there is no way to tell the difference on the street.

In some cases, it's obvious:
- Mag is marked with date of manufacture
- Mag type didn't exist pre-'94 (say, 12-round G26 mags)
in which case the issue can be promptly cleared up (though perhaps to your detrement)

In some cases, it's far from obvious:
- Mag is unmarked but looks new
- Mag type was commonly & legally manufactured both pre-'94 and post-'04 (out-of-state, federally legal)
in which case a presumption of "illegal" may be reasonably (legally) made and the arrestee obligated to show proof of legality.

In NY, relevant laws are largely based on "it's illegal, with exceptions". Ergo, if your 30-round AR mag or 17-round G17 mag is in good condition (looks like it's not 14+ years old) and otherwise not obviously pre- or post-ban, it's presumed illegal unless you can prove it's an exception.

I don't miss NY laws.
 
The price is based on supply/desire. If you take the AR-15 for example, you can get used post-ban mags for anywhere from $10-25 on sites like this (want-ads etc) but if you are looking only for pre-ban mags, you can expect to pay 20% more and up, depending on the seller.

I'll put it this way. I sold off my AR-15 I built, but I kept every one of my pre-ban 30 round & 20 round magazines. They were not easy to find, and may be harder to replace.

For pistols, you need to make sure you have a pistol made prior to the ban... ie my Spingfield XD 9mm won't every have a hi-cap magazine as there is NO way to prove pre-ban anything on it. If you have an old (no finger groove) Glock 17 then you can find early mags, but they will cost a small bit more.

It's a tricky area, if you are in NY your best bet is to just stick with legal 10 round mags for CCW. If you can't do it in 10 rounds, you need to practice!
 
I say keep it simple stupid! My only high cap pistol is a clearly stamped made in West Germany SIG P226. Since german reunification happened in 1990 i'm comfortable!
 
i guess i wasn't really concerned with "needing" more than ten rounds in a life or death situation, i just figured less time spent reloading mags = more time shooting.

also, it's just such a stupid law, i wanted to know how many dollars i'd have to spend to gleefully circumvent it.
 
Ask around on-line. Some of us still have pre-ban mags that we'd be willing to sell at a very reasonable profit (you get your >10-round mag, I get enough for, say, two new such mags).
 
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