Mag regulations
S 46-a. The penal law is amended by adding two new sections 265.36 and
265.37 to read as follows:
S 265.36 UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING
DEVICE.
IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS A LARGE CAPACI
TY AMMUNITION FEEDING DEVICE MANUFACTURED BEFORE SEPTEMBER THIRTEENTH,
NINETEEN HUNDRED NINETY-FOUR, AND IF SUCH PERSON LAWFULLY POSSESSED SUCH
LARGE CAPACITY FEEDING DEVICE BEFORE THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS
A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT,
MORE THAN TEN ROUNDS OF AMMUNITION.
AN INDIVIDUAL WHO HAS A REASONABLE BELIEF THAT SUCH DEVICE IS OF SUCH
A CHARACTER THAT IT MAY LAWFULLY BE POSSESSED AND WHO SURRENDERS OR
LAWFULLY DISPOSES OF SUCH DEVICE WITHIN THIRTY DAYS OF BEING NOTIFIED BY
LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS THAT SUCH POSSESSION IS
UNLAWFUL SHALL NOT BE GUILTY OF THIS OFFENSE. IT SHALL BE A REBUTTABLE
PRESUMPTION THAT SUCH PERSON KNOWS THAT SUCH LARGE CAPACITY AMMUNITION
FEEDING DEVICE MAY NOT BE LAWFULLY POSSESSED IF HE OR SHE HAS BEEN
CONTACTED BY LAW ENFORCEMENT OR COUNTY LICENSING OFFICIALS AND INFORMED
THAT SUCH DEVICE MAY NOT BE LAWFULLY POSSESSED.
UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
CLASS A MISDEMEANOR.
S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS AN AMMUNITION
FEEDING DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI
TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO THREE MONTHS IMPRISONMENT.
IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
POSSESSED IN ANY LOCATION OTHER THAN THE HOME OF THE POSSESSOR, THE
PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF
S. 2230 25 A. 2388
A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
TERM OF UP TO SIX MONTHS IMPRISONMENT, AND FOR A SECOND OFFENSE, BE
GUILTY OF A CLASS A MISDEMEANOR.
So I can use to 10 Round mags if I only load 7 rounds? What I’ve heard on the news was that we have a year to sell the mags to out-of-state buyers and replace them with magazines with a maximum capacity of 7 rounds. If what is being reported is true, either the gun manufacturers will choose to manufacture 7 round mags, and make a ton of money, and if they don’t my gun is essentially garbage. (MY REPLY – WE ARE STILL TRYING TO FIGURE IT OUT BUT 7 ROUNDS IS THE RULE. IF YOU HAVE A 10 ROUND MAG THAT YOU ALREADY OWN YOU CAN KEEP IT AS LONG AS YOU DON’T LOAD MORE THAN 7 ROUNDS IN IT UNLESS YOU ARE AT THE GUN CLUB OR RANGE, THEN YOU CAN LOAD 10 ROUNDS. YES IT IS OK TO HAVE 10 ROUNDS IN THE MAG IF YOU ARE SHOOTING PAPER BUT NOT IF YOU ARE SHOOTING A CRIMINAL(S) ATTACKING YOU IN YOUR HOUSE.)