10 round mags that hold more?

[Doc8404]

I already posted that I was wrong.

He can’t fathom ever doing that so he didn’t read it.

EDIT: Changed first word from "Be" to "He."

 

[Mike1Juliet]

You are correct. Capacity means ability to hold. I got that wrong.

With that said, if used for the correct ammunition, it doesn't have the capacity or ability to hold more than 10 rounds. When used with the wrong ammunition it was designed for, it does have that capacity or ability.

It'll only have that capacity if used for the wrong ammunition.

Still illegal when used with the wrong ammunition. Legal when empty or filled with the right ammunition.

So sorry to bring this up again. But what constitutes the "correct" ammunition? My 870 holds 7, normal size, 12g 2 3/4 inch shells, however if I choose to buy these 12g Aguila Minishells which are legal to buy, own and use, my 870 could suddenly hold way more than 7. The gun is NY compliant, the tube magazine capacity is NY compliant but suddenly I have more than 7 rounds of ammunition in the tube of my shotgun. What becomes of it? Is it suddenly in violation of the law?

Hell what if I ghost load my 870 with 1 in the chamber, 7 in the tube and 1 on the carrier for 8+1?

 

[Marine Cpl]

So sorry to bring this up again. But what constitutes the "correct" ammunition? My 870 holds 7, normal size, 12g 2 3/4 inch shells, however if I choose to buy these 12g Aguila Minishells which are legal to buy, own and use, my 870 could suddenly hold way more than 7. The gun is NY compliant, the tube magazine capacity is NY compliant but suddenly I have more than 7 rounds of ammunition in the tube of my shotgun. What becomes of it? Is it suddenly in violation of the law?

Hell what if I ghost load my 870 with 1 in the chamber, 7 in the tube and 1 on the carrier for 8+1?

Ghost loading and having one in the chamber doesn't count towards magazine capacity.

The correct ammunition is what the firearm was designed for. Usually 3 inch and 2 3/4's. Mini shells are a wildcat after thought. Technically under the law if using the mini shells, the tube would have the capacity to hold more than. 10. Would an leo bother you if all you had in there was 10? Probably not. But he can if you run into one that's looking to screw you and a ADA can without a doubt prove that it holds more than 10. That's the point.

Regardless, none of this is really worth it. Besides the legal trouble you can run into, the reliability is compromised for those extra 1 or 2 extra rounds that'll really make no difference in the grand scheme of things. It's easier on yourself to just have a second or third 10 rd 9mm magazine that's more reliable.

If this is for a rainy day and you want to stay legal in the meantime, a plus 2 or 4 Rd extension is much more reliable and you can legally have it as long as it isn't installed.

 

[Saltwater60]

Thats not what I was pointing out, it wasn't about having >10 round mags. It was about taking certain 10 round magazines that happen to fit other, smaller bullets that it wasn't designed for, artificially raising the limit on the mag's capacity.


I forgot about this exemption, thanks!

That exemption is very specific and done so for a reason.

As stated above having an over capacity mag will get you jail time. If it’s a .40 cal with 13 rounds it’s still over capacity legal in nys. I have pinned 12 round mags that hold 10 rounds if I modify them or use the the wrong way I broke the law.

 

[prambo]

It really all comes down to this...............................