What’s the point of 10rd mags if ya can’t use all 10?

DoD1776

DoD1776

NYGF's own Whippersnapper !
U.S. Military
Messages
5,144
Reaction score
4,860
Location
Baldwinsville/Onondaga
So I can only carry with 7; legally. And that’s a rule in general from what I’ve been reading… what’s the point of allowing 10rd mags but not being able to utilize all 10rds? Not looking for a “bc it’s ny” answer lol. Wondering if anyone actually knows.
 
GOPerfect

GOPerfect

.950 JDJ
U.S. Military
Messages
32,768
Reaction score
75,390
Location
No longer Secret, thanks DR. Evil
Xae289

Xae289

.223 Rem
Messages
1,256
Reaction score
2,141
Location
Westchester County
The confusion likely comes from the fact that the law is still on the books if you look up article 265 of the NY Penal Law. However, wherever you see the statute, it should have a footnote showing that the whole "only load seven" bullshit is suspended.

Load 10+1 and carry on.
 
Drinkthekoolaid

Drinkthekoolaid

.475 A&M Magnum
U.S. Military
Messages
16,611
Reaction score
29,488
Location
Unfortunately, NY
Cliff notes

Idiots make the safe act reducing NY from legally being allowed to use out neutered 10 round mags to only being able to use 7 booolits at a time



But wait they don't make 7 round mags, only 10 rounders.

Chaos and confusion ensues. This part of safe act is largely ignored.

A case makes it to the circuit court that then puts "7 round limit" on hold because it was just an arbitrary number created out of thin air.

The end
 
Cooolone

Cooolone

.338 Win Mag
Messages
6,299
Reaction score
9,756
Location
NY, USA
DoD1776 said:
So I can only carry with 7; legally. And that’s a rule in general from what I’ve been reading…
Click to expand...
Well... Dunning Kruger is a terrible affliction! You've been reading and misinterpreting information. Processing it entirely incorrectly.

DoD1776 said:
what’s the point of allowing 10rd mags but not being able to utilize all 10rds? Not looking for a “bc it’s ny” answer lol. Wondering if anyone actually knows.
Click to expand...

What's the point of intentionally putting yourself at a disadvantage of the criminal who has most undoubtedly a 10+ round magazine? Riddle me this...

And for the matter... Please, ANYONE, post Case history of a so called "legal pistol carrier" having their magazine checked for capacity and subsequently processed for violating that section of the unSAFE Act... I dare ya'

Fact is, there is absolutely no way to establish Probable Cause in that regard that would validate a search for this purpose when encountering a licensed carrier! And even if found, in absence of the necessary warrant, would be fruit from the poison tree!

So... I'm not advocating carrying a 10+ mag, but what I'm saying is if you DO, you shouldn't be worrying much at all. My worry would be reloading while engaged in a life preservation event! Lol

Godspeed and Best Regards!
 
nortatoga

nortatoga

.338 Win Mag
Messages
8,459
Reaction score
19,273
Location
Saratoga County
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) [Suspended and not effective, pursuant to L.2013, c. 57, pt. FF, § 4, eff. March 29, 2013, deemed eff. Jan. 15, 2013 .] contains more than seven rounds of ammunition, or (c) [Suspended and not effective, pursuant to L.2013, c. 57, pt. FF, § 4, eff. March 29, 2013, deemed eff. Jan. 15, 2013 .] 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.
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,052
Location
New York
Saltwater60

Saltwater60

20×102mm Vulcan
Messages
36,744
Reaction score
41,120
Location
Western NY
Edwardteach72 said:
I love how those DA grand stand like a MF.. they only talk about how they won't enforce the 7 round limit... no shit you won't enforce it because you will get stomped in court so fast it won't even be funny
Click to expand...
In some regards it’s better than having to bother with going to court, but I agree with you.
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,052
Location
New York
DoD1776 said:
Okay so what about Onondaga. I’m confused still is this a law or not?
Click to expand...

No its not a law. And

1) no Leo would arrest you for 10 rounds in a 10 round mag

2) if one was dumb enough to do so no DA would be dumb enough to try and prosecut

3) if either of the above did some how happen you could easily clean house with a wrongful arrest
 
Saltwater60

Saltwater60

20×102mm Vulcan
Messages
36,744
Reaction score
41,120
Location
Western NY
Edwardteach72 said:
No its not a law. And

1) no Leo would arrest you for 10 rounds in a 10 round mag

2) if one was dumb enough to do so no DA would be dumb enough to try and prosecut

3) if either of the above did some how happen you could easily clean house with a wrongful arrest
Click to expand...
This is accurate, but I will say It’s a law that’s still on the books and they want people that don’t know to follow it, but it’s an unconstitutional law on the books since it was overturned.
You can be arrested for anything IMO, but doesn’t make it right and doesn’t mean they can or will win the case.
I agree you won’t be arrested, if you are they will not prosecute you, and if you go to court it will be thrown out.
There is still much confusion on the safe act. I know a cop who told me not all that long ago if they arrested someone with an “assault riffle” there is a 30 day amnesty period where they can register it if they didn’t know it was illegal. As far as I know that’s long gone.
Don’t you work in law enforcement? If so you are exempt from this and can have over 10 round mags.
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,052
Location
New York
Saltwater60 said:
This is accurate, but I will say It’s a law that’s still on the books and they want people that don’t know to follow it, but it’s an unconstitutional law on the books since it was overturned.
You can be arrested for anything IMO, but doesn’t make it right and doesn’t mean they can or will win the case.
I agree you won’t be arrested, if you are they will not prosecute you, and if you go to court it will be thrown out.
There is still much confusion on the safe act. I know a cop who told me not all that long ago if they arrested someone with an “assault riffle” there is a 30 day amnesty period where they can register it if they didn’t know it was illegal. As far as I know that’s long gone.
Don’t you work in law enforcement? If so you are exempt from this and can have over 10 round mags.
Click to expand...

Me no im not LEO by any means, not even a rent a cop
 
nortatoga

nortatoga

.338 Win Mag
Messages
8,459
Reaction score
19,273
Location
Saratoga County
Saltwater60 said:
This is accurate, but I will say It’s a law that’s still on the books and they want people that don’t know to follow it, but it’s an unconstitutional law on the books since it was overturned.
You can be arrested for anything IMO, but doesn’t make it right and doesn’t mean they can or will win the case.
I agree you won’t be arrested, if you are they will not prosecute you, and if you go to court it will be thrown out.
There is still much confusion on the safe act. I know a cop who told me not all that long ago if they arrested someone with an “assault riffle” there is a 30 day amnesty period where they can register it if they didn’t know it was illegal. As far as I know that’s long gone.
Don’t you work in law enforcement? If so you are exempt from this and can have over 10 round mags.
Click to expand...

NYS Open Legislation | NYSenate.gov

www.nysenate.gov www.nysenate.gov

From NYS 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

* NB Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch
57/2013 Pt. FF § 4

; 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.
 
redtail

redtail

.308 Win
Messages
3,325
Reaction score
5,840
Location
PRNY
Be careful.
Local chief here has told folks it is still max of 7.
I was under the impression that the 7rd. limit repeal was only valid in the ruling court’s district.?

I hate these communist corksoakers and how they continually chit on the constitution.
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,052
Location
New York
redtail said:
Be careful.
Local chief here has told folks it is still max of 7.
I was under the impression that the 7rd. limit repeal was only valid in the ruling court’s district.?

I hate these communist corksoakers and how they continually chit on the constitution.
Click to expand...

Good let him and make sure he knows that they will be held liable for false arrests and hopefully it doesn't come bite him in the ass come next election with tax payers
 
Drinkthekoolaid

Drinkthekoolaid

.475 A&M Magnum
U.S. Military
Messages
16,611
Reaction score
29,488
Location
Unfortunately, NY
You can literally be arrested for anything. You can be arrested for not committing a crime. Not all police know all laws they mess up sometimes either willfully or ignorantly.

The next step is whether a DA recognizes the "error" and drops charges or decides to prosecute and try the case.

Then you get to potential plea bargaining for lessor charge or actually going through with Court and a judge or jury.

Then you get to appeals

Then you get to higher courts

Then a law is either upheld or deemed unconstitutional



Your decision to carry 7 or 10 is how much risk tolerance you're willing to handle. Do you want a 99.99% chance you carry 10 and all interactions with LEOs are totally fine.

Are you willing to risk a .01% chance you run into a tool and then having to interact with a DA who in most 99.99% likelihood will throw the change out anyway because they don't want this law tried in the first place and risk having parts or all of the safe act totally thrown out on a precedent case?
 
You must log in or register to reply here.
Top