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ny hi-cap mag law?

jetmekjetmek Member Posts: 250
can anyone tell me if mags over 10 shot are legal in ny?.i recently purchased a rifle with a 30 shot stick and the dealer didnt mention any restrictions and later bought another 30 stick from a differnt dealer.however on line sellers wont ship these or drums to ny? Im NOT in NYC BTW. just concerned about having to explain myself if the guy next to me at the range is john law and they are infact illegal.

Comments

  • jpwolfjpwolf Member Posts: 9,164
    edited November -1
    If you get no reply in here, it's because most are hard-line old school and will tell you the Constitution authorizes no such restriction so they are legal (to which I wholeheartedly agree[:D]).
    Might want to put it out in General discussion where all the sheeple are. They will be able to tell you, if you can translate "bleating".[:D]
  • Hunter MagHunter Mag Member Posts: 6,612 ✭✭✭
    edited November -1
    quote:Originally posted by jpwolf
    If you get no reply in here, it's because most are hard-line old school and will tell you the Constitution authorizes no such restriction so they are legal (to which I wholeheartedly agree[:D]).
    Might want to put it out in General discussion where all the sheeple are. They will be able to tell you, if you can translate "bleating".[:D]

    That's the way it should be jp but just try to convince the prosecutor that their laws are unconstitutional and they have to drop the charges.
  • Hunter MagHunter Mag Member Posts: 6,612 ✭✭✭
    edited November -1
    jetmek yes they are "illegal" here's what I found,

    LINK http://www.nysrpa.org/nygunlaws.htm

    Miscellaneous:

    It shall be unlawful to possess any "assault weapon" or a "large capacity ammunition feeding device". So called "assault weapons" lawfully possessed prior to September 14, 1994 and "large capacity ammunition feeding devices" manufactured prior to such date are grandfathered. A license shall not be issued for a handgun defined as an "assault weapon." Any person lawfully in possession of a firearm, rifle or shotgun who suffers the loss or theft of said weapon shall within twenty-four hours of the discovery of the loss or theft report the facts and circumstances of the loss or theft to a police department or sheriff's office. It is a crime to possess any rifle, shotgun or handgun in or upon the building or grounds of any school, college or university in the state without the written permission of the institution. It is a crime to possess a fake or imitation handgun with intent to use it unlawfully. It is a crime to intentionally point any firearm toward another person (except in self defense), even if no malice is involved. It is a crime to deface or alter the serial number or any other distinguishing number or identification mark on any handgun. Possession of any handgun that has been defaced creates a legal presumption that the possessor committed the offense. The presence of a firearm in a vehicle is presumptive evidence of its possession by all persons occupying the vehicle except if: the firearm is found upon the person of one of the occupants; the firearm is found in a vehicle operated for hire by a duly licensed driver, then the presumption will not apply to the driver, or the firearm found is a handgun and one of the occupants has in his possession a valid license to have and carry concealed. Note: In this digest, the word "firearm" is used in its general sense, i.e., any rifle, shotgun, or handgun. However, readers of the New York law should be aware that the term "firearm," when it appears in the text of the statutes, has a special meaning, being applied only to handguns and other firearms "of a size which may be concealed upon the person."

    An "assault weapon" means (a) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; (v) a grenade launcher; or (b) a semiautomatic shotgun that has at least two of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a fixed magazine capacity in excess of five rounds; (iv) an ability to accept a detachable magazine; or (c) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics: (i) an ammunition magazine that attaches to the pistol outside of the pistol grip; (ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned; (iv) a manufactured weight of fifty ounces or more when the pistol is unloaded; (v) a semiautomatic version of an automatic rifle, shotgun or firearm; or (d) any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (All Models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (Sc-70); (iv) Colt Ar-15;(v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD M 10, M-11, M-11/9, and M-12; (vii) Steyr Aug; (viii) Intratec TEC-9, TEC-DC9 and TEC-22; and (ix) Revolving Cylinder Shotguns, such as (or Similar to) the Streetsweeper and Striker 12; (e) provided, however, that such term does not include: (i) any rifle, shotgun or pistol that (a) is manually operated by bolt, pump, lever or slide-action; (b) has been rendered permanently inoperable; or (c) is an antique firearm as defined in 18 U.S.C. 921(a)(16); (ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; (iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; (iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in appendix A to section 922 of 18 U.S.C. as such weapon was manufactured on October 1, 1993. The mere fact that a weapon is not listed in appendix A shall not be construed to mean that such weapon is an assault weapon; or (v) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or any of the weapons defined in paragraph (d) of this subdivision lawfully possessed prior to September 14, 1994.

    "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September 13, 1994, 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.
  • nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    1) If the mag was made before the 1994 ban, you can "legally" use it in your rifle. Good luck trying to determine its born on date !

    or

    2) If the rifle was made before the 1994 ban, then any mag is legal in that rifle.
    Abort Cuomo
  • jetmekjetmek Member Posts: 250
    edited November -1
    thanks to all for you replies. i checked the s/n on my gun and it appears to be a 1994 mfg so it seems im ok even tho i didnt posses it until recently. yeah theres no way to determine when the mags were made. i think the state makes laws such as this deliberatly vague so they confuse the public and make it look as tho they are reducing crime simply by making it difficult to own weapons that "look" menacing
  • Hunter MagHunter Mag Member Posts: 6,612 ✭✭✭
    edited November -1
    quote:Originally posted by nyforester

    1) If the mag was made before the 1994 ban, you can "legally" use it in your rifle. Good luck trying to determine its born on date !

    or

    2) If the rifle was made before the 1994 ban, then any mag is legal in that rifle.
    I belive the gun must be possesd before 1994.

    It shall be unlawful to possess any "assault weapon" or a "large capacity ammunition feeding device". So called "assault weapons" lawfully possessed prior to September 14, 1994 and "large capacity ammunition feeding devices" manufactured prior to such date are grandfathered.
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by Hunter Mag

    I belive the gun must be possesd before 1994.

    So called "assault weapons" lawfully possessed prior to September 14, 1994 and "large capacity ammunition feeding devices" manufactured prior to such date are grandfathered.


    The way I read what is posted, it is legal. It was made BEFORE the ban. Doesn't matter if you OWNED it personally before then.
  • nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    Yes Freemind you are correct. It does not matter when you took ownership. It matter when it was made.
    Abort Cuomo
  • Hunter MagHunter Mag Member Posts: 6,612 ✭✭✭
    edited November -1
    Well guys it clearly says "lawfully possessed" before 1994 for the gun. For the mag it's made before 1994. You might want to read it again? Your grandfathered in if you owned the "assault weapon" before 1994. They're trying the same thing in Illinois right now. They do this to gather more votes against it. That way the current owners aren't so PO'd.
    But you don't have to convince me tell the police when they're arresting you.[;)]
    It would be a sad day if your sitting in jail thinking "how did I miss read that"? SOB!!
    I just hope jetmek doesn't get arrested cause he was missinformed.[B)]
  • nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    That will be the straw that breaks the camels back for me !
    Abort Cuomo
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