NY large magazine ban?

[rajb123]

Is this a ban on the guns that carry >10 rounds, a ban on large magazine that carry >10 rounds or both?

Are there any guns or magazines that are grandfathered that have been made or purchased before the NY law was changed?

 

[drsfmd]

Anything made before the ban is exempted.

 

[nyresq]

as far as the high capacity , it only prohibits the magazines if they were made after the ban was enacted. any magazines made after the ban was enacted are restricted to law enforcement only. Even the possession of a banned magazine is a felony, doesn't even need to be loaded.

The guns that use them are not banned themselves, but in the case of "assault type" weapons, some features may be banned, which is why there are "NY compliant" AR-15s.

 

[NMPOPS]

And by magazines, they mean "detachable". For example a rifle with a tube magazine holding more than 10 rounds is not illegal.

 

[SMMAssociates]

Which leads to "how can you tell when a magazine was manufactured?"

Carry a sales slip?

Just more knee-jerk feel good here.

Regards,

 

[SavageManAntonio]

There is a good summary of the law here -
http://www.nyfirearms.com/blog/nys-gun-laws/

I live in NY and had firearms before the ban went into effect. Since the state politicians knew the Clinton ban would expire they voted it in permanently in the state. It is essentially the Clinton ban of 1994 with a few small changes.

I have spoken with a BATF officer in regard to this issue. For example - my father lives in another state where the AR-15 with a flash suppressor and large capacity magazines are legal. He has a version from 1974. This gun is willed to me. So I asked if I could possess it here in NY. I can because I can prove it was manufactured before 1994. However, I can not have the magazines because there is no way to prove they are pre-ban.

All gun owners know this is "feel good" legislation. However, this is the current political climate in NY. This is a very liberal (anti-gun) state as far as the politicians. We conservative, pro-gun citizens suffer from the liberal NYC politicians that run the state.

 

[Nickel Plated]

Also keep in mind that there is a difference between NYState and NYCity. As far as I know mags over 10 rounds are outright illegal in the city. Preban or not.

Also the AWB in the city is stricter. NO evil features at all are allowed. Unlike the state which I believe allows you up to 2 shoulder things that go up.

The city also bans certain guns by name whether they are evil or not. So even the most neutered AK or AR is not welcome here.

 

[rajb123]

So, the high capacity magazines are banned in NYS?

That means you could technically own a Glock in NYS that accepts a 12 round magazine and this would be legal if you only owned and possessed 10 round Glock magazines; right?

...weird law!

 

[X-Rap]

I wonder how the law treats troops from places like FT Drum who are issued 30 rd mags that are all pretty much post ban issue and many are clearly post 94 after market PMags.
He lived off post and carried his gear in the trunk of his car, so far as I know he never had contact with LE so I don't know what happens when the cops pop the trunk and find a dozen contraban mags.
I did over the years read of a few guys that were arrested for bringing guns that were perfectly legal in their home states, never heard if they were convicted or if it was handled other ways.

 

[Prince Yamato]

NYC is no pistol mags over 17 rounds or that extend below or outside of the pistol grip. Also no mags > 10 rounds if made after 1994.

 

[Ingsoc75]

If you have an AK47/74, the East German magazines out there are definitely made prior to 1994.

 

[nneely]

Just a thought... if you have a magazine notarized before a ban stating it is made before such date would that satisfy the needs of the ATF?

 

[alsaqr]

Just a thought... if you have a magazine notarized before a ban stating it is made before such date would that satisfy the needs of the ATF?

The ATF is not the problem; the state of NY is the problem. Federal magazine restrictions became a moot point when the federal AWB went away.

 

[SavageManAntonio]

It is fairly simple to understand. As stated, post 1994 no magazines over 10 rounds - state law. specific guns are outright banned by state law (AK for instance) for guns not in the state prior to 1994. Also, guns cannot be brought in through a dealer (only legal way to do so) if they have hi-cap magazines. We have to get them sometimes without the magazines. Some cities, such as NYC have tighter restrictions. New guns from the manufacturers have to comply with other laws such as no flash suppressor on an AR (This is the second feature in addition to a pistol grip which then makes it an "assault weapon" by NYS definition).

Example - I have a S&W that I purchased in 1994 with 17-round magazines. It is legal because it was manufactured and in stock in 1993. Every other gun I own has magazines with a max of 10 rounds each. I can't see any markings on the magazines to prove it. However, every one is registered so NYS can see what the configuration was when it was purchased. This is the sticky point with the AR I am to inherit. Even though the gun was manufactured in the 1970s and the magazines were too, I can't have it brought into the state with the hi-cap magazines.

Yes, these laws are stupid and a result of anti-gun liberals running the state legislature.

 

[hoodfu]

This isn't legal advice, but the police would have to prove that your inherited magazines are post-ban, not that you'd have to prove that they're pre-ban. Countless millions of metal AR mags were made before the 1994 ban with no date markings on them, inside or out. They're all perfectly legal and sold commonly in NYS gun shops. Mags for pistols are much more positively identified as pre and post ban because most manufacturers changed their design after the ban went into effect.

 

[pseudonymity]

However, every one is registered so NYS can see what the configuration was when it was purchased. This is the sticky point with the AR I am to inherit. Even though the gun was manufactured in the 1970s and the magazines were too, I can't have it brought into the state with the hi-cap magazines

I am not sure what you are referring to as registered in NYS. The only registration across NYS (other than FFL records) is for pistols. There is no statewide registration for rifles, shotguns, magazines or other accessories.

Regarding bringing a pre-ban manufactured rifle in-state, penal law 265 only states that the item must have been "lawfully possessed" prior to the ban.

*Please* If anybody can point me to any case law or judicial decisions that can shine some light on what "lawfully possessed" means, let me know. Unless you have that information, I think there is no way to say for certain that a pre-ban AR is not legal to bring into NY.

 

[hoodfu]

Lawfully possessed just means that the 1994 ban law has no intention of making something legal through its language that wasn't legal before. Pre-ban items are bought and sold every day into and out of NY through gun shops. The law makes no mention that the current owner has to be the one who possessed it pre-1994. In states where there is such a restriction, they have added language saying so.

 

[hermannr]

Post Ban large capacity mags were marked "Law enforcement only" until the Clinton era ban expired. They are no longer so marked.

Any large capacity mag manufactured during the Clinton ban were marked and are definately post ban. NY now has a problem with their AWB, none of the new mags are marked so they will have a hard time proving they are post ban. (remeber, they have to prove they are post ban, you do not have to prove they are pre-ban)

Not talking NYC now...but, it is my understanding, if the weapon was manufactured before the ban, and the mag does not have "law enforcement only", I don't think they could prove that the mag was manufactured post ban and it would have to be considered to be legal. It's a stick wicket. Doesn't mean they can't/won't charge you..just means I do not see how they could convict you.

 

[lobo9er]

Thank goodness so far no one is trying to muddy this thread up. All good info so far. As said before in this thread pre-ban stuff can be found in most gun shops in Upstate NY. Rifles and mags, and you pay double for them if not triple. Sometimes you can find them at a fair price though.

 

[GRIZ22]

X-Rap, if a soldier is in possession of those magazines relative to his or her official duties NY law does not apply.

 

[SavageManAntonio]

I am not sure what you are referring to as registered in NYS. The only registration across NYS (other than FFL records) is for pistols. There is no statewide registration for rifles, shotguns, magazines or other accessories.

You are correct. I was referring to handgun registration.

 

[Queen_of_Thunder]

Move to Texas.

 

[hoodfu]

Savageman, that isnt the case, but if you want to feel the most comfortable, you can leave your mags behind outside NY, then find some Okay brand preban mags which have the pre-94 dates stamped on the outside. Then if a LEO ever asks, just show him the stamp.

 

[springfield30-06]

if you want to feel the most comfortable, you can leave your mags behind outside NY, then find some Okay brand preban mags which have the pre-94 dates stamped on the outside. Then if a LEO ever asks, just show him the stamp.

Yes, date stamped mags are the way to go if you are that worried. They will probably cost a few dollars more, but if it puts your mind at ease it's worth it. Save up your $$ now or buy a few here and there. From what I see lately the date stamped 30 rounders are going for about $30. Sometimes you can get slightly better deals for a purchase of 4+ at once.

 

[SavageManAntonio]

Savageman, that isnt the case, but if you want to feel the most comfortable, you can leave your mags behind outside NY,

I am definitely no expert on this. I was concerned about my ability to own them - so I called the local BATF office and this was what I was told. I do know someone that had two large cap magazines confiscated by the police, sighting this law. I am definitely open to having them IF I had a definitive explanation of law that allows it. I was told the gun has to be shipped in so I called a few dealers to see if they would transfer them in. All refused to consider it.

By all means if there is a way for me to own them and they are not stamped someone please provide a valid explanation of how it is legal and possible......