Nys Law on Pistol Magazine Capacity

New York law provides that magazines of high-capacity ammunition lawfully owned before January 15, 2013 may only be transferred to a purchaser in the state authorized to possess them or otherwise transferred only outside the state. In the case of an out-of-state transfer, the transfer must be reported to the registration system within 72 hours. However, there is an exception that allows a person to transfer a legally owned high-capacity magazine within one year of January 15, 2013. A person who fails to comply with this provision is criminally liable for a Class A offence.4 From the beginning, firearms manufacturers successively stopped shipping products to New York, others said they would not make seven round magazines just for the state, and worse, some began to withdraw their businesses from the state. Despite all the resistance, the governor decided to allow us, humble servants, to keep our 10-round magazines as they are, but we can only legally load 10 rounds into this magazine when we are at the shooting range or at a competition. How absurd do you say? Well, I agree! As many people know, New York`s SAFE Act made it illegal to have more than seven rounds of ammunition in your semi-automatic handgun magazine. The law required you to dispose of the magazine or permanently modify it to catch only seven cartridges. While you can still have one in the room, IE:7+1, and you can carry as many magazines as you want, this law has done nothing to stop criminals from loading 10 or more cartridges into their magazines before robbing a bank! Meanwhile, in upstate New York, on the same day the veteran was convicted, a man was arrested and charged with bringing two illegal handguns to New York, as well as two high-capacity ammunition, across the Canadian border into New York. This man owned both the firearms and the high-performance magazines, even for a Glock pistol (albeit for a different model). Within a week, the firearms charges were dismissed and the disorderly conduct charges were reduced to two counts.

He paid fines totalling $500, a $125 government fine surcharge, and the arrest and conviction records were sealed. These two cases, which took place during the same period, clearly illustrate what defence lawyers already know; that there can be huge differences in how cases are handled from district to district and court to court, but also the difference that can be made by hiring the right defense counsel. New Yorkers ask me all the time, “Can I carry another 10 cartridges in my magazine?” As a law enforcement officer and state-certified instructor, my answer is, it`s complicated! The firearm must be discharged during transport within the state. The firearm and ammunition provided for it must not be readily accessible to anyone in the driver`s or passenger`s area. During the search of the apartment, the police did not find the weapons, but found a magazine with a capacity of 8 rounds. Based on this evidence, the police arrested the friend and he was charged with illegal possession of certain ammunition supply equipment. Regular license renewals: Most counties in the state issue “lifetime” licenses. Outside of New York City and Nassau and Westchester counties, any licence to carry or possess a pistol or revolver shall remain in effect and in effect until revoked. [14] [15] [60] The cost of renewable licenses varies, ranging from the 3-year New York City license to five years in other counties, with the New York City license costing $340 every three years[59] and, in contrast, a renewal fee of $10.00 in Suffolk County every 5 years. Restrictions on handgun licenses in New York vary widely from jurisdiction to jurisdiction.

Unlike New York City and some counties that only issue permits for “target shooting and target hunting,” many backcountry counties issue non-restricted pistol licenses that allow for the unrestricted concealment of a loaded handgun (except in schools, courthouses or courtrooms and safe areas of airports). [ref. A “high-capacity ammunition magazine” is a belt, drum, tape, magazine or similar instrument used to insert ammunition into a firearm capable of holding more than ten rounds of ammunition. [36] Even though illegal possession of a high-capacity ammunition magazine is a crime, you should take it seriously. If you are convicted of a crime, even if it is a misdemeanor, there are serious consequences. Not only is there a good chance that you will have to go to jail for up to a year, but you will also end up with a criminal record that will negatively affect many aspects of your life. The staff at the law firm Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts charged with gun crimes, aggravated robbery, white-collar and other serious crimes. Contact us at 800.696.9529 to schedule a free, no-obligation consultation on your case. We serve people charged with theft in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Previously, New Yorkers could legally own the high-capacity chargers if they were purchased before the SAFE Act passed in 2013 or manufactured before 1994.

These exceptions are no longer allowed. New York State law does not require a license to possess or possess rifles or shotguns, but does require permission to legally possess or possess a pistol. All firearms must comply with the NY SAFE Act, which prohibits firearms, which it defines as assault weapons, unless they were in possession before the ban and were registered before April 15, 2014. Prosecutions are partially exempt from this law. This shortage is national. When you buy magazines from Checkmate Industries, which makes magazines for many types of weapons, users receive this message: “We are currently experiencing an unusually high order volume, so we can no longer temporarily accept online orders.” Prior to the passage of the SAFE Act in 2013, New York allowed people in possession of a pre-SAFE Act. September 1994, which has a capacity of more than ten rounds of ammunition or can be easily restored or converted to more than ten rounds of ammunition, continues to have these ammunition magazines. The SAFE Act abolished this former provision. Three types of firearm licences can be issued: possession on the premises, a limited licence limited to target and hunting only, and concealed carrying without restriction. Clandestine transport permits may be restricted, but the restrictions have no legal force. Permits issued outside of New York are not valid in New York unless a special license is issued that grants validity. [29] Under this law, New York would criminalize the sale of new semi-automatic pistols without micro-pads, a process in which bullets and shell casings are marked with a unique fingerprint each time the weapon is fired.

Gun dealers licensed federally under New York law as dealers or gunsmiths may continue to possess assault weapons and magazines of standard capacity. Note: An earlier version of this story was perhaps not clear about the types of weapons discussed and should have been clarified that seven-shot magazines exist for certain types of weapons. Rochester gun experts contacted for history say seven-shot magazines are rare and hard to find for the most popular weapons used by sports fans, so anyone who wants to buy these guns will arrive on June 16. April remains in a difficult situation.