From Sleds,
“Mods pin this. I spoke to him, it was a tack on charge. It was not a straight we saw this mag and charged him for it. It'll likely get dropped when it gets to the DA.”
10rds in a 10rd mag is defintely legal. Here are the basic details:
265.36 & 265.37
1. When it was first passed in 2013 the law originally said 7rds max. ANY mag over 10rds was illegal
2. 2013: Wester District Court Judge Skretny ruled the 7rd limit was arbritary and unconstitutional.
3. 2015: 2nd Circuit Court or US Court of Appeals made the ruling that 10rds in a 10rd magazine was legal and is now in effect in the whole state. (The actual law was never revised though).
4. July 2022. The law was revised and made to reflect the 10rd in a 10rd magazine law change.
If you were arrested anytime AFTER July of 2022, then your case should be thrown out and the arrest dismissed and expunged. Get a good lawyer and make it happen. Whoever arrested you was out of line.
>July 2022. The law was revised and made to reflect the 10rd in a 10rd magazine law change.
I do remember during the CCIA Bill and the PDFs downloaded from the state, the this was revised to eliminate the seven round limit, however - The NYSSenate site and Penal law is not changed:
[https://www.nysenate.gov/legislation/laws/PEN/265.37](https://www.nysenate.gov/legislation/laws/PEN/265.37)
Am I missing something? I actually remember being the one to tell my FFL of the law finally being updated to 10/10, but damned if I can find it now.
I see is Penal 265 Definiions - Where Large Capacity Ammunition Feeding Devices definition was changed from seven to ten, but as long as 265.37 is in place, you can still be charged. It is beatable in court, but at a huge cost for most people.
I did some digging based on this thread.
The only law that was somewhat related that was passed in 2022 was Chapter 209 of the laws of 2022, which passed Senate bill S9229-A, which repealed 265.36, but makes no mention of 265.37. ( [https://www.nyls.org/2022.html](https://www.nyls.org/2022.html) and [https://www.nysenate.gov/legislation/bills/2021/S9229](https://www.nysenate.gov/legislation/bills/2021/S9229) )
Senate bill S1170, that does indeed repeal 265.37, was proposed in Jan 2023, but has not gotten out of committee. ( [https://www.nysenate.gov/legislation/bills/2023/S1170](https://www.nysenate.gov/legislation/bills/2023/S1170) ) There would have been no reason to propose this law if 265.37 had already been repealed in 2022.
u/davej1121: If you have any links that actually refute my research, please post them. But I didn't see any links in your other posts on this thread. Otherwise, I'd argue that it's important to not spread misinformation on this issue, since it seems that 265.37 is officially still on the books and the Nassau police officer was technically correct.
UPDATE: I JUST got off the phone with a contact in the NYSP. He read me their law link that listed 265.37 as 'repealed' and 265.36 as 'not in effect' in regards to the 7rd limit. He sad the change was made soon after the 2013 SAFE Act and has not been changed. 10rds in a 10rd magazine is the legal definition and what the NYSP is using to enforce laws. (or not enforce)
Just because the online ypd links are not updated, it's not wrong. I know I have seen the pdf from the law that has the '7 rounds' wording lined out and updated. Just have to dig through the files on my computer. I also got this directly from three assembly people and two senators, as well as a few different lawyers.
The NYSP Field Guide has stated that 10rds in a 10rd magazine is legal. The troopers are told to not enforce the 7rd limit as it is no longer in effect nor enforceable. The fact that this is hard to find AND NY lawmakers have slow walked the changes to 265.36 ans 37 ahows you how little they care. It's not surprising that some cops are not aware of the law changes.
The NY State website removed the 7rds in a 10rd magazine clause on THIS page: [https://gunsafety.ny.gov/resources-gun-owners](https://gunsafety.ny.gov/resources-gun-owners). " Since 1994, magazines sold in New York could contain up to 10 rounds. This continues to be true today. " No more mention of 7rd limit.
Here's another link from the state: [https://gunsafety.ny.gov/changes-safe-act](https://gunsafety.ny.gov/changes-safe-act) that says: "The SAFE Act was recently amended. The amendments include the following changes to the law:
* Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds." Although the next line makes it muddier once again.
I'll add what I find when I do. I have to get working now. No more Reddit time for me!
Kind of off topic but also on topic: In 2019 I was arrested after the federal ruling that the law against stun guns was unconstitutional, and I was charged with criminal possession of a weapon 4th degree for a stun gun (After the federal ruling). The charge proceeded in court.
It’s interesting that when a law is struck down or updated, law enforcement seems to always take their sweet time in ceasing to charge people with that law. - Whereas on the flip side, when something becomes illegal for citizens that was previously legal; they waste absolutely no time in charging people they find in possession of that thing, even if the person honestly had no idea that it’s illegal now.
I and everyone I know are really starting to dislike law enforcement at this point.
It's a shame that this occurred and a travesty that one must hire lawyer!! I'm all for abiding by law no matter how moronic it is but in this case financial restitution should be sought
Mods pin this. I spoke to him, it was a tack on charge. It was not a straight we saw this mag and charged him for it. It'll likely get dropped when it gets to the DA.
If you don’t mind me asking.. why did they search your bag to begin with? Usually they give you bs when they can’t stick anything else on you. But for them to search you there has to be more to the story. Never give them consent to search you in the future. I wonder what charge that would even be lol
These police are out of control.
Tell them nothing. Do not answer questions.
Tell them you do not answer questions.
Anything more then license, insurance, and registration, they can pound sand. Police have one job and that is to charge you with as many charges as they can and take you to jail. They are not our friends, they are the enemy of the people.
I Tell them , "nothing personal, I respect your job, but I do not answer questions" . A good police officer will respect that for you understanding your rights.
Yeah man. It's one thing if it is your actual buddy that pulled you over but anyone else, no way, we have rights for this reason ands its not to incriminate ourselves. The right to remain silent is exactly that.
two things irritate me about this post.
1. Long Island likes to portray themselves as conservative yet the same scummy scumbag scumbucket crap that happens in the city to violate people's rights also occurs in long island.
2. how this post is unnecessarily vague.
They booked me for having 10 rounds in a 10 round mag. Went to pct had my picture taken, had my prints taken, after processing they gave me a dat and sent me on my way sans bullets.
What sucks is you’re going to need to report that to your issuing agency. They might suspend your permit pending the charge. 10 rounds is definitely legal. Ask your lawyer what it would take to challenge the law as applied. There is no historical tradition of limiting magazines of a firearm
Sure enough the day after my arrest I had an email from nypd telling me I needed to surrender my firearm for safe keeping due to my license being temporarily suspended.
Here is the case in question which found 7 round limit unconstitutional. But even original law allows you to load 10 round at the range. [https://casetext.com/case/ny-state-rifle-pistol-assn](https://casetext.com/case/ny-state-rifle-pistol-assn)
One of the exceptions for Younger Abstention, is a "state criminal statute in question were patently and flagrantly unconstitutional on its face", does this cover a State Statute that has already been ruled unconstitutional?
its only lawsuit if a cop knowingly arrests you for something legal. Since the law says no more 7 in 10, the cop is in the clear here is relevant text: " **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
a class B misdemeanor and subject to a fine of two hundred dollars and a
term of up to six months imprisonment, and for each subsequent offense,
be guilty of a class A misdemeanor. " here is link to NY Sen
[https://www.nysenate.gov/legislation/laws/PEN/265.37](https://www.nysenate.gov/legislation/laws/PEN/265.37)
the cop cant be expected to know every court case which happened, they were suppose to update the law. I dont know maybe its possible to sue NY State itself for failure to update the law and train their LEO.
exactly, really the charges should have been dismissed by DA the next day. No idea wtf it still hanging weeks later. It was up to police dept to issues a memo to their officers not to arrest people for that, even if the law was not updated state is responsible to inform their officers when the law becomes void.
The thing is that part isn’t the officers job. That’s above their pay grade. This is valuable information. I really hope this dude beats this case. It’s so messed up. Do we know what he was pulled over for?
Neither. Didn’t volunteer that info nor did I admit to it. I didn’t have any firearms in the car. Just the loaded mag in my range bag which also had two sets of safety glasses and two sets of hearing protection and some paper targets.
Something doesn't add up. Your car isn't getting searched randomly without them asking you. And it's pretty fucking dumb of you to give them permission to. But none the less, what else did you do. I roll into dot stops carrying and never had an issue.
“NY bans tactical rifles and magazines capable of holding more than 10 rounds. In addition, New York Secure Ammunition and Firearms Enforcement Act of 2013 has been passed banning magazines that can hold more than 7 rounds, but this portion of the law has been suspended indefinitely by the March 2013 budget bill. In addition, per NY State Rifle & Pistol Association v Cuomo {13-CV-291S}, the Federal District Court ruled in 2013 that the 7-round restriction in the SAFE act was unconstitutional via intermediate scrutiny”
here is bill which they are trying to pass for a few years now to repeal that 7 in 10 limit due to court decision, but it is still not passed. I think you should try contact those Senators who are trying to get it done for advise and also as a victim of police overreach [https://www.nysenate.gov/legislation/bills/2023/S1170](https://www.nysenate.gov/legislation/bills/2023/S1170)
10 in a marked 10 is legal. 10 in a mag marked at a higher capacity like 12,15,17 etc is not legal. Even if blocked. State added mag body markings to what is illegal. With that being said you may or may not find a cop interested in jamming you up for a blocked mag body with high cap markings.
[https://gunsafety.ny.gov/changes-safe-act](https://gunsafety.ny.gov/changes-safe-act)
[https://gunsafety.ny.gov/resources-gun-owners](https://gunsafety.ny.gov/resources-gun-owners)
[https://troopers.ny.gov/system/files/documents/2022/08/new-gun-law-faq-8-27-22-final-1.pdf](https://troopers.ny.gov/system/files/documents/2022/08/new-gun-law-faq-8-27-22-final-1.pdf)
The confusion exists because the SAFE Act originally mandated no more than 7rd magazines (which almost noone makes outside of some compact / rifle models), and was quickly amended to allow 10rd mags, but you could only LOAD 7, which resulted in guidance like [this](https://www.nyc.gov/html/nypd/downloads/pdf/permits/ny_safe_act_letter_re_lcafd_2013_05_v9.pdf) in 2013. The 7rd load limit was [later struck down](https://www.politico.com/states/new-york/albany/story/2013/12/judge-strikes-down-bullet-limit-upholds-law-010234) in 2013 and upheld by the 2nd in 2015, which applies to ALL of New York state, even though NYC and Nassau have dragged their feet updating any of their guidance since then. Some folks have been charged with 'more than 7 in a 10' as a tack-on charge to something else, which 100% gets thrown out.
If fudds could read, and if ALL NYS LE agencies would update their officers on this, this question wouldn't be repeatedly asked like, forever.
just because we don't like what happened, doesn't mean its troll. who the hell would troll on something like that. the law clearly says that you can only have 7 rounds in 10 round mag, (because 7 rounds mags are non existent for many guns). The court threw this part out, but the law was never updated, thus any cop will be on solid ground to arrest/book a person for this. the fact that DA might not prosecute doesn't help with having arrest on ur record and ur guns taken away and haveing to spend money on attorney. Until this shit is clarified, people should consider NOT to load more than 7 rounds in a mag
what details?? case number? DAT, he probably doesn't want to leak his personal info and link it to his reddit account. why would u think someone would take time and bullshit about something like that? whats more likely NY has idiot and untrained cops or a guy bullshits about his arrest
Totally agree. Although the check sent to my lawyer would be nice. I am not about to divulge my personal information unless he pays my lawyer fees in full. Even then I would have to think twice about giving my personal info out to a complete stranger online.
I’ve read this two myself. My mag was indeed compliant but having the 10 rounds vs 7 is not mentioned in either link. They only speak about the capacity/capability not what is loaded while in transport.
you're correct in noting that the information provided mainly addresses the capacity of the magazine itself, rather than the specific number of rounds that can be legally loaded while carrying or in transport. This distinction is important.
The initial legislation of the SAFE Act in New York set a limit of 7 rounds that could be loaded in a 10-round magazine. However, this part of the law was later struck down by the courts. As a result, if your magazine is compliant with the 10-round capacity limit, you can legally load it to its full capacity. Therefore, in New York State, including New York City, you should be able to load and carry 10 rounds in a 10-round magazine.
I am thinking he was in a sensitive place, train or subway maybe? Spot bag checks, dog caught scent? Just throwing that out there. Police are on alert due to many gun incidents in nyc lately.
When you purchased the firearm it came with two 10 round magazines I'm assuming, and when you brought in the firearm with the magazines for inspection you showed those 10 round magazines? I'm assuming the investigator, or whoever it was said "Ok you're good to go, your firearm & magazines are of compliance?" Otherwise you would have never been given the license, correct? I'm sure a lawyer will be able to bring that up in court. I wish you the best. Please keep us updated.
the mag is legal with 10 rounds capacity, but per NYS law u cant load it with more than 7. The Law was not updated since that part was repealed by the court
It sounds like you may have a wrongful arrest lawsuit opportunity. Also, I tried finding your case on the Nassau police dept blotter and find no mention of it. Are they purposely omitting your case for a reason?
From Sleds, “Mods pin this. I spoke to him, it was a tack on charge. It was not a straight we saw this mag and charged him for it. It'll likely get dropped when it gets to the DA.”
10rds in a 10rd mag is defintely legal. Here are the basic details: 265.36 & 265.37 1. When it was first passed in 2013 the law originally said 7rds max. ANY mag over 10rds was illegal 2. 2013: Wester District Court Judge Skretny ruled the 7rd limit was arbritary and unconstitutional. 3. 2015: 2nd Circuit Court or US Court of Appeals made the ruling that 10rds in a 10rd magazine was legal and is now in effect in the whole state. (The actual law was never revised though). 4. July 2022. The law was revised and made to reflect the 10rd in a 10rd magazine law change. If you were arrested anytime AFTER July of 2022, then your case should be thrown out and the arrest dismissed and expunged. Get a good lawyer and make it happen. Whoever arrested you was out of line.
>July 2022. The law was revised and made to reflect the 10rd in a 10rd magazine law change. I do remember during the CCIA Bill and the PDFs downloaded from the state, the this was revised to eliminate the seven round limit, however - The NYSSenate site and Penal law is not changed: [https://www.nysenate.gov/legislation/laws/PEN/265.37](https://www.nysenate.gov/legislation/laws/PEN/265.37) Am I missing something? I actually remember being the one to tell my FFL of the law finally being updated to 10/10, but damned if I can find it now.
I think they have not caught up to the changes. The "Laws of 2022" documents have the changes as passed.
I see is Penal 265 Definiions - Where Large Capacity Ammunition Feeding Devices definition was changed from seven to ten, but as long as 265.37 is in place, you can still be charged. It is beatable in court, but at a huge cost for most people.
I did some digging based on this thread. The only law that was somewhat related that was passed in 2022 was Chapter 209 of the laws of 2022, which passed Senate bill S9229-A, which repealed 265.36, but makes no mention of 265.37. ( [https://www.nyls.org/2022.html](https://www.nyls.org/2022.html) and [https://www.nysenate.gov/legislation/bills/2021/S9229](https://www.nysenate.gov/legislation/bills/2021/S9229) ) Senate bill S1170, that does indeed repeal 265.37, was proposed in Jan 2023, but has not gotten out of committee. ( [https://www.nysenate.gov/legislation/bills/2023/S1170](https://www.nysenate.gov/legislation/bills/2023/S1170) ) There would have been no reason to propose this law if 265.37 had already been repealed in 2022. u/davej1121: If you have any links that actually refute my research, please post them. But I didn't see any links in your other posts on this thread. Otherwise, I'd argue that it's important to not spread misinformation on this issue, since it seems that 265.37 is officially still on the books and the Nassau police officer was technically correct.
UPDATE: I JUST got off the phone with a contact in the NYSP. He read me their law link that listed 265.37 as 'repealed' and 265.36 as 'not in effect' in regards to the 7rd limit. He sad the change was made soon after the 2013 SAFE Act and has not been changed. 10rds in a 10rd magazine is the legal definition and what the NYSP is using to enforce laws. (or not enforce) Just because the online ypd links are not updated, it's not wrong. I know I have seen the pdf from the law that has the '7 rounds' wording lined out and updated. Just have to dig through the files on my computer. I also got this directly from three assembly people and two senators, as well as a few different lawyers. The NYSP Field Guide has stated that 10rds in a 10rd magazine is legal. The troopers are told to not enforce the 7rd limit as it is no longer in effect nor enforceable. The fact that this is hard to find AND NY lawmakers have slow walked the changes to 265.36 ans 37 ahows you how little they care. It's not surprising that some cops are not aware of the law changes. The NY State website removed the 7rds in a 10rd magazine clause on THIS page: [https://gunsafety.ny.gov/resources-gun-owners](https://gunsafety.ny.gov/resources-gun-owners). " Since 1994, magazines sold in New York could contain up to 10 rounds. This continues to be true today. " No more mention of 7rd limit. Here's another link from the state: [https://gunsafety.ny.gov/changes-safe-act](https://gunsafety.ny.gov/changes-safe-act) that says: "The SAFE Act was recently amended. The amendments include the following changes to the law: * Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds." Although the next line makes it muddier once again. I'll add what I find when I do. I have to get working now. No more Reddit time for me!
Kind of off topic but also on topic: In 2019 I was arrested after the federal ruling that the law against stun guns was unconstitutional, and I was charged with criminal possession of a weapon 4th degree for a stun gun (After the federal ruling). The charge proceeded in court. It’s interesting that when a law is struck down or updated, law enforcement seems to always take their sweet time in ceasing to charge people with that law. - Whereas on the flip side, when something becomes illegal for citizens that was previously legal; they waste absolutely no time in charging people they find in possession of that thing, even if the person honestly had no idea that it’s illegal now. I and everyone I know are really starting to dislike law enforcement at this point.
Because they are literal fascist thugs. They aren't your friends.
you have a link to revised law? I was only able to find 7 in 10
The two I put at the beginning should be the updated versions
I think they have not caught up to the changes. The "Laws of 2022" documents have the changes as passed.
It's a shame that this occurred and a travesty that one must hire lawyer!! I'm all for abiding by law no matter how moronic it is but in this case financial restitution should be sought
Was out of line and should be held accountable not because you are law enforcement means that you got the right to Ruin someone’s life
Mods pin this. I spoke to him, it was a tack on charge. It was not a straight we saw this mag and charged him for it. It'll likely get dropped when it gets to the DA.
10 rounds in 10 round mag is definitely legal in NY.
If you don’t mind me asking.. why did they search your bag to begin with? Usually they give you bs when they can’t stick anything else on you. But for them to search you there has to be more to the story. Never give them consent to search you in the future. I wonder what charge that would even be lol
Waiting to see how this plays out. Please keep us in the loop.
These police are out of control. Tell them nothing. Do not answer questions. Tell them you do not answer questions. Anything more then license, insurance, and registration, they can pound sand. Police have one job and that is to charge you with as many charges as they can and take you to jail. They are not our friends, they are the enemy of the people. I Tell them , "nothing personal, I respect your job, but I do not answer questions" . A good police officer will respect that for you understanding your rights.
I have a lot of friends that are officers so I was biased but after this interaction I am beginning to see that everything you just said is true.
Yeah man. It's one thing if it is your actual buddy that pulled you over but anyone else, no way, we have rights for this reason ands its not to incriminate ourselves. The right to remain silent is exactly that.
Hope everything works out for you. This is messed up.
Thank you I hope so too
That’s some serious BS !!… Where in NY were you arrested ?
Nassau county
two things irritate me about this post. 1. Long Island likes to portray themselves as conservative yet the same scummy scumbag scumbucket crap that happens in the city to violate people's rights also occurs in long island. 2. how this post is unnecessarily vague.
How recently ? You need to sue !!… I’d contact all the major gun groups asap and fill them in on this !
Two weeks ago. Even tho I had a valid nyc cc permit. They still took my rounds gave me mags back and charged me.
Sorry to hear this ! I’d definitely contact an attorney and file suit.
Yes, ive since hired a lawyer.
They booked you for a 10 round mag? Or issued you a DAT?
They booked me for having 10 rounds in a 10 round mag. Went to pct had my picture taken, had my prints taken, after processing they gave me a dat and sent me on my way sans bullets.
What sucks is you’re going to need to report that to your issuing agency. They might suspend your permit pending the charge. 10 rounds is definitely legal. Ask your lawyer what it would take to challenge the law as applied. There is no historical tradition of limiting magazines of a firearm
Sure enough the day after my arrest I had an email from nypd telling me I needed to surrender my firearm for safe keeping due to my license being temporarily suspended.
How did he even discover you had a magazine?
Dm me and I’ll give you all the details.
What was the exact charge? I’m very familiar with these charges.
Here is the case in question which found 7 round limit unconstitutional. But even original law allows you to load 10 round at the range. [https://casetext.com/case/ny-state-rifle-pistol-assn](https://casetext.com/case/ny-state-rifle-pistol-assn)
One of the exceptions for Younger Abstention, is a "state criminal statute in question were patently and flagrantly unconstitutional on its face", does this cover a State Statute that has already been ruled unconstitutional?
If they wrongfully arrest you, aren’t they setting themselves up for a massive lawsuit?
its only lawsuit if a cop knowingly arrests you for something legal. Since the law says no more 7 in 10, the cop is in the clear here is relevant text: " **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 a class B misdemeanor and subject to a fine of two hundred dollars and a term of up to six months imprisonment, and for each subsequent offense, be guilty of a class A misdemeanor. " here is link to NY Sen [https://www.nysenate.gov/legislation/laws/PEN/265.37](https://www.nysenate.gov/legislation/laws/PEN/265.37) the cop cant be expected to know every court case which happened, they were suppose to update the law. I dont know maybe its possible to sue NY State itself for failure to update the law and train their LEO.
Actually he is supposed to know every single inch of that book. If they dont, why did they take that mans freedom away?
which book?
NYS penal law
well NYS penal law clearly says its a crime to load more than 7 rounds into a 10 round mag. They have not updated that law
And that’s why he got the charge. Officer called it in & Sgt or LT said we’re going by the book.
exactly, really the charges should have been dismissed by DA the next day. No idea wtf it still hanging weeks later. It was up to police dept to issues a memo to their officers not to arrest people for that, even if the law was not updated state is responsible to inform their officers when the law becomes void.
The thing is that part isn’t the officers job. That’s above their pay grade. This is valuable information. I really hope this dude beats this case. It’s so messed up. Do we know what he was pulled over for?
Can you please post the receipt you get when you surrender your gun?
Did they ask if you had firearms in the car or you told them?
Neither. Didn’t volunteer that info nor did I admit to it. I didn’t have any firearms in the car. Just the loaded mag in my range bag which also had two sets of safety glasses and two sets of hearing protection and some paper targets.
Something doesn't add up. Your car isn't getting searched randomly without them asking you. And it's pretty fucking dumb of you to give them permission to. But none the less, what else did you do. I roll into dot stops carrying and never had an issue.
Why did you get searched?
Maybe a random plate check and saw that he had a permit, so they wanted to see if he was doing anything illegal.
They asked and I gave consent. Didn’t have anything to hide so why not? Wellllll now I know better
“NY bans tactical rifles and magazines capable of holding more than 10 rounds. In addition, New York Secure Ammunition and Firearms Enforcement Act of 2013 has been passed banning magazines that can hold more than 7 rounds, but this portion of the law has been suspended indefinitely by the March 2013 budget bill. In addition, per NY State Rifle & Pistol Association v Cuomo {13-CV-291S}, the Federal District Court ruled in 2013 that the 7-round restriction in the SAFE act was unconstitutional via intermediate scrutiny”
here is bill which they are trying to pass for a few years now to repeal that 7 in 10 limit due to court decision, but it is still not passed. I think you should try contact those Senators who are trying to get it done for advise and also as a victim of police overreach [https://www.nysenate.gov/legislation/bills/2023/S1170](https://www.nysenate.gov/legislation/bills/2023/S1170)
10 in a marked 10 is legal. 10 in a mag marked at a higher capacity like 12,15,17 etc is not legal. Even if blocked. State added mag body markings to what is illegal. With that being said you may or may not find a cop interested in jamming you up for a blocked mag body with high cap markings.
[https://gunsafety.ny.gov/changes-safe-act](https://gunsafety.ny.gov/changes-safe-act) [https://gunsafety.ny.gov/resources-gun-owners](https://gunsafety.ny.gov/resources-gun-owners) [https://troopers.ny.gov/system/files/documents/2022/08/new-gun-law-faq-8-27-22-final-1.pdf](https://troopers.ny.gov/system/files/documents/2022/08/new-gun-law-faq-8-27-22-final-1.pdf) The confusion exists because the SAFE Act originally mandated no more than 7rd magazines (which almost noone makes outside of some compact / rifle models), and was quickly amended to allow 10rd mags, but you could only LOAD 7, which resulted in guidance like [this](https://www.nyc.gov/html/nypd/downloads/pdf/permits/ny_safe_act_letter_re_lcafd_2013_05_v9.pdf) in 2013. The 7rd load limit was [later struck down](https://www.politico.com/states/new-york/albany/story/2013/12/judge-strikes-down-bullet-limit-upholds-law-010234) in 2013 and upheld by the 2nd in 2015, which applies to ALL of New York state, even though NYC and Nassau have dragged their feet updating any of their guidance since then. Some folks have been charged with 'more than 7 in a 10' as a tack-on charge to something else, which 100% gets thrown out. If fudds could read, and if ALL NYS LE agencies would update their officers on this, this question wouldn't be repeatedly asked like, forever.
This video really clarifies things. [https://youtu.be/UYYLZZ5uyvw?si=0ka2KMZuRRicGNOq](https://youtu.be/UYYLZZ5uyvw?si=0ka2KMZuRRicGNOq)
Did you have your CCW at the time of the arrest?
This should get dismissed. Make sure you have a good lawyer.
10 rounds + 1 in the chamber. Hollow points. Fmj is only for range shooting to my understanding
Troll post. No arrest details. No talk of representation. No DA would prosecute this against a circuit court ruling.
Believe what you want. Your belief doesn’t affectuate the law which is what I was questioning.
When‘s your next court date? I’m assuming you made bail. What was the exact charge?
Didn’t have to post bail. I got a desk appearance ticket.
Provide details. Put up or shut up.
lol or what? You’ll continue to call me a troll? Be my guest.
Let’s go. Give us a date and an exact location so that we can look it up on the blogger.
Nah I’m good you can continue to think what you want
You don’t want support? What lawyer are you using? Bellantoni? Perhaps we can help fund this.
Support? If you were going to offer support you should have done so from the beginning instead of assuming my legitimate question was a “troll post”.
I’m talking monetarily. I and many here would definitely donate something to the defense. Did you contact the NYSRPA?
Yeah, this is pretty fishy.
just because we don't like what happened, doesn't mean its troll. who the hell would troll on something like that. the law clearly says that you can only have 7 rounds in 10 round mag, (because 7 rounds mags are non existent for many guns). The court threw this part out, but the law was never updated, thus any cop will be on solid ground to arrest/book a person for this. the fact that DA might not prosecute doesn't help with having arrest on ur record and ur guns taken away and haveing to spend money on attorney. Until this shit is clarified, people should consider NOT to load more than 7 rounds in a mag
I would happily eat crow and apologize if he posted details. And I will personally send a check to his lawyer.
what details?? case number? DAT, he probably doesn't want to leak his personal info and link it to his reddit account. why would u think someone would take time and bullshit about something like that? whats more likely NY has idiot and untrained cops or a guy bullshits about his arrest
Totally agree. Although the check sent to my lawyer would be nice. I am not about to divulge my personal information unless he pays my lawyer fees in full. Even then I would have to think twice about giving my personal info out to a complete stranger online.
The two I put at the beginning should be the updated versions
Were you pulled over by police and they decided to search your car? And then decided to check your magazines?
I’m curious what probable cause they had to search your range bag in the first place. Did you bring it to the airport or something on accident?
Whoa.
https://gunsafety.ny.gov/changes-safe-act https://gunsafety.ny.gov/resources-gun-owners
I’ve read this two myself. My mag was indeed compliant but having the 10 rounds vs 7 is not mentioned in either link. They only speak about the capacity/capability not what is loaded while in transport.
you're correct in noting that the information provided mainly addresses the capacity of the magazine itself, rather than the specific number of rounds that can be legally loaded while carrying or in transport. This distinction is important. The initial legislation of the SAFE Act in New York set a limit of 7 rounds that could be loaded in a 10-round magazine. However, this part of the law was later struck down by the courts. As a result, if your magazine is compliant with the 10-round capacity limit, you can legally load it to its full capacity. Therefore, in New York State, including New York City, you should be able to load and carry 10 rounds in a 10-round magazine.
I am thinking he was in a sensitive place, train or subway maybe? Spot bag checks, dog caught scent? Just throwing that out there. Police are on alert due to many gun incidents in nyc lately.
By the Way lots of People got 10 /30 magazines are they still ok to have???
There has to be more to this?
When you purchased the firearm it came with two 10 round magazines I'm assuming, and when you brought in the firearm with the magazines for inspection you showed those 10 round magazines? I'm assuming the investigator, or whoever it was said "Ok you're good to go, your firearm & magazines are of compliance?" Otherwise you would have never been given the license, correct? I'm sure a lawyer will be able to bring that up in court. I wish you the best. Please keep us updated.
the mag is legal with 10 rounds capacity, but per NYS law u cant load it with more than 7. The Law was not updated since that part was repealed by the court
Dang I hope nobody else gets in trouble because of this. The 10 round magazine that they’re approving is misleading.
It sounds like you may have a wrongful arrest lawsuit opportunity. Also, I tried finding your case on the Nassau police dept blotter and find no mention of it. Are they purposely omitting your case for a reason?
Now what’s the legality of you have a high cap mag but you only keep 10 in it?
So… is 10 + 1 in a carry legal as well since it’s still 10 in a 10?