LEO 7 rounds and standard capacity mags, (over 10 rounds.)

(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.

 * NB Effective April 15, 2013

265.36 Unlawful possession of a large capacity ammunition feeding It shall be unlawful for a person to knowingly possess a large capacity 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.
* NB Effective March 16, 2013 *

§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 ammunition, 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 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.
NB Effective March 16, 2013

This entry was posted in I WILL NOT REGISTER, NY Anti-Gun Bills, NY Legal. Bookmark the permalink.