(I am not a lawyer and this is not legal advice. If someone is a lawyer and I am wrong, please let me know where I am wrong and I will update this section.)
Does the new law allow police to have more than 7 rounds loaded in their magazines and are they allowed to have standard size magazines that hold more than 10 rounds?
It looks like the 7 round and over 10 round mags answer both Yes and NO after March 16, 2013.
PL 263 Definitions #23 contains the following:
* 23. Large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device, that …
(a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or
(b) contains more than seven rounds of ammunition, or …Effective April 15, 2013
Followed by:265.02, Criminal possession of a weapon in the third degree; (8) Such person possesses a large capacity ammunition feeding device
Followed by:
265.20 Exemptions. … 265.02 … shall not apply to:
1(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
So it looks like Police offices are exempt. Everyone else will be charged with a class D Violent Felony. For a class D felony, the term shall be fixed by the court, and shall not exceed seven years; .. or: Alternative definite sentence for class D and E felonies. When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.
HOWEVER, 265.20 does not have an exemption for two new sections of the Penal Law sections that will be effective March 16, 2013:
265.36 Unlawful possession of a large capacity ammunition feeding device
265.37 Unlawful possession of certain ammunition feeding devices. (See whole sections of 265. 36 & .37 at end of blog.)
So the LEOs will be in violation of those sections of the law and are not able to have mags that hold over 10 rounds or load more than 10 rounds.
Am I wrong? Comment on where I am wrong and I will change the blog post.
—————————MORE LEGAL STUFF————————————-
265.20 Exemptions.
a. Sections
265.01, Criminal possession of a weapon in the fourth degree.
265.02, Criminal possession of a weapon in the third degree; (8) Such person possesses a large capacity ammunition feeding device (SEE DEFINITION #23 BELOW)
265.03, Criminal possession of a weapon in the second degree
265.04, Criminal possession of a dangerous weapon in the first degree.
265.05, Unlawful possession of weapons by persons under sixteen.
265.10,
265.11,
265.12,
265.13,
265.15 and
270.05 (Unlawfully possessing or selling noxious material)
shall not apply to:
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:
(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
DEFINITIONS:
* 23. Large capacity ammunition feeding device means a magazine, belt, drum, feed strip, or similar device, that
(a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or
(b) contains more than seven rounds of ammunition, or
(c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven 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 or a feeding device that is a curio or relic. A feeding
device that is a curio or relic is defined as a device that
(i) was manufactured at least fifty years prior to the current date,
(ii) is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof,
(iii) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and
(iv) is registered with the division of state police pursuant to
subdivision sixteen-a of section 400.00 of this chapter, except such
feeding devices transferred into the state may be registered at any time, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feeding devices may be transferred provided that such transfer shall be subject to the provisions of section 400.03 of this chapter including the check required to be conducted pursuant to such section.