7 or 10 rounds edc

[Marine Cpl]

Yes I'm 100% correct, it IS the law. 10 round limit for carry is NOT the law and has never been amended into the law. That's the only thing that matters. Don't confuse the 10 round magazine ban for the 7 round one that was actually thrown out. Until the law is actually amended into the books, an officer can decide whether to arrest you for it or not. Since it's their job to do that sort of thing, they're not looking out for your best interest and .... oh yeah, you'd be breaking the law in much of the state. Do some better research and stop spreading false info please. Take the risk, go to jail and spend a fortune on court fees, or carry an extra magazine? It's amazing how misinformed people are still. CRAZY!

How many rounds, 7 or 10?

Incorrect. State Police cannot interpret laws and an article cannot dictate laws. The Penal law itself reflects that it's been suspended and the relevant court cases are referenced.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

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 S 58, as amended by ch 57/2013 Pt. FF S 4

 

[Edwardteach72]

Incorrect. State Police cannot interpret laws and an article cannot dictate laws. The Penal law itself reflects that it's been suspended and the relevant court cases are referenced.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

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 S 58, as amended by ch 57/2013 Pt. FF S 4

@Willjr75 stop being misinformed with your penal law and facts...

So crazy

 

[cgrutt]

Incorrect. State Police cannot interpret laws and an article cannot dictate laws. The Penal law itself reflects that it's been suspended and the relevant court cases are referenced.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

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 S 58, as amended by ch 57/2013 Pt. FF S 4

Thanks for that I don't recall seeing that notation before.

 

[Cooolone]

Yes I'm 100% correct, it IS the law. 10 round limit for carry is NOT the law and has never been amended into the law. That's the only thing that matters. Don't confuse the 10 round magazine ban for the 7 round one that was actually thrown out. Until the law is actually amended into the books, an officer can decide whether to arrest you for it or not. Since it's their job to do that sort of thing, they're not looking out for your best interest and .... oh yeah, you'd be breaking the law in much of the state. Do some better research and stop spreading false info please. Take the risk, go to jail and spend a fortune on court fees, or carry an extra magazine? It's amazing how misinformed people are still. CRAZY!

How many rounds, 7 or 10?

And there are laws prohibiting sodomy on Sunday's!...

Please post any case law since the inception of the Safe-Act whereas this was prosecuted! You won't find any... An arrest doesn't mean a thing, nothing at all. People gets arrested for all sorts of frivolous and arbitrary interpretations of the law by arresting officers. Doesn't prove its validity or not... Lol

So yeah, you're right, and at the same time, maybe not. The ammo database is law too, shouldn't then there not have been any ammo sales absent the database? Lol...

 

[Edwardteach72]

And there are laws prohibiting sodomy on Sunday's!...

Please post any case law since the inception of the Safe-Act whereas this was prosecuted! You won't find any... An arrest doesn't mean a thing, nothing at all. People gets arrested for all sorts of frivolous and arbitrary interpretations of the law by arresting officers. Doesn't prove its validity or not... Lol

So yeah, you're right, and at the same time, maybe not. The ammo database is law too, shouldn't then there not have been any ammo sales absent the database? Lol...

There was one arrest for more than 7 rounds 1 time iirc but before the judges ruling and that I believe was thrown out

 

[Marine Cpl]

@Willjr75 stop being misinformed with your penal law and facts...

So crazy

Yeah, I have to stop reading actual laws and actual court cases because if ever arrested, those actual laws and court cases will be irrelevant. They'll read to the jury State Police interpretations and magazine articles as factual information for my conviction.

 

[Edwardteach72]

Yeah, I have to stop reading actual laws and actual court cases because if ever arrested, those actual laws and court cases will be irrelevant. They'll read to the jury State Police interpretations and magazine articles as factual information for my conviction.

It's funny how the one link that was provided the author talks about a "letter" that the state police sent them, but doesnt show the letter, and even goes on to paraphrase not even quote this "letter"

 

[Truebeliever]

10+1 rounds is the law on nygunforum. 7+1 rounds is the actual law.

The law was overturned by federal judge and upheld by the 2nd circuit. No appeal made.

The limit is 10 rounds in 10 round magazines . The law before it was overturned allowed 7 rounds in 10 round magazines.

If you were arrested solely for violation of that part of the law, the officer just made you a lot of money.

 

[Uzi]

Incorrect. State Police cannot interpret laws and an article cannot dictate laws. The Penal law itself reflects that it's been suspended and the relevant court cases are referenced.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

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 S 58, as amended by ch 57/2013 Pt. FF S 4

In 2013, the decision to allow the 10 round magazines back from the 7 round magazine was made very shortly after the safe act was enacted. You were also legally allowed to load 10 rounds at the range and for competitions, so it would make sense that the law reflected both these amendments to a degree at some point, but beyond that, some were getting arrested for carrying over 7 in their CCW. But what the hell for? "It must be struck down", yet in the ruling of the district court that positively focused on equal protection included that;

"The seven-round limit does not apply at: 15 an indoor or outdoor firing range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in arms; at an indoor or outdoor firing range for the purpose of firing a rifle or shotgun; at a collegiate, olympic or target shooting competition under the auspices of or approved by the national rifle association; or at an organized match sanctioned by the international handgun metallic silhouette association. N.Y. Penal Law § 265.20(7-f)."

So, that created a situation for many of us like, I don't agree with it, but you'll probably get arrested anyways if you do it while you carry.

That was until 2015, the US appeals for the second circuit made the decision to uphold and strike down the 7 round limit in the 10 round magazine. From what I've seen all over, not completely clear in terms of possibly only being applicable to the western jurisdiction of NYS, and not decisively throughout the entire state. That is what I don't understand. That is the real questionable missing piece for me. Unless people are lying about that, or it's all been made up for nearly 4 years now. "He's a federal judge", but yet there are still police departments outside the western jurisdiction that do not feel as though this applies to their departments jurisdiction and will send you to jail on account of it. Are they right or wrong? Does it apply to everyone or just some? Maybe someone can clear that whole western half jurisdiction nonsense up, if it is.

 

[Robin]

A law enacted by a self important idiot, where seven rounds was found to be arbitrary but ten is not, by another self important idiot.
God help us.
Robin

 

[Marine Cpl]

In 2013, the decision to allow the 10 round magazines back from the 7 round magazine was made very shortly after the safe act was enacted. You were also legally allowed to load 10 rounds at the range and for competitions, so it would make sense that the law reflected both these amendments to a degree at some point, but beyond that, some were getting arrested for carrying over 7 in their CCW. But what the hell for? "It must be struck down", yet in the ruling of the district court that positively focused on equal protection included that;

"The seven-round limit does not apply at: 15 an indoor or outdoor firing range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in arms; at an indoor or outdoor firing range for the purpose of firing a rifle or shotgun; at a collegiate, olympic or target shooting competition under the auspices of or approved by the national rifle association; or at an organized match sanctioned by the international handgun metallic silhouette association. N.Y. Penal Law § 265.20(7-f)."

So, that created a situation for many of us like, I don't agree with it, but you'll probably get arrested anyways if you do it while you carry.

That was until 2015, the US appeals for the second circuit made the decision to uphold and strike down the 7 round limit in the 10 round magazine. From what I've seen all over, not completely clear in terms of possibly only being applicable to the western jurisdiction of NYS, and not decisively throughout the entire state. That is what I don't understand. That is the real questionable missing piece for me. Unless people are lying about that, or it's all been made up for nearly 4 years now. "He's a federal judge", but yet there are still police departments outside the western jurisdiction that do not feel as though this applies to their departments jurisdiction and will send you to jail on account of it. Are they right or wrong? Does it apply to everyone or just some? Maybe someone can clear that whole western half jurisdiction nonsense up, if it is.

There was a 2nd Circuit decision afterwards that reaffirmed the previous court case and applied it to the whole state.

 

[Uzi]

There was a 2nd Circuit decision afterwards that reaffirmed the previous court case and applied it to the whole state.

I'm aware of this case, I did mentioned it in my previous post. Doesn't actually answer my main and only important question on this whole topic though.

 

[Marine Cpl]

I'm aware of this case, I did mentioned it in my previous post. Doesn't actually answer my main and only important question on this whole topic though.

What's the question? If police know the law or not?

 

[Uzi]

What's the question? If police know the law or not?

The relevance of western NY confined jurisdiction when upholding the decision to the appeal the law. That one, yeah.

 

[Marine Cpl]

The relevance of western NY confined jurisdiction when upholding the decision to the appeal the law. That one, yeah.

I don't understand what you are getting at. The 2nd Circuit applied it to the whole state. So the Western part only is no longer an issue.

 

[Criticalt]

10+1.....+10
And
5

 

[togmaster]

10+1 and now a 6 pack after reading you guys argue this shit for the 1000th time.

 

[Defilade]

10+1 and now a 6 pack after reading you guys argue this shit for the 1000th time.

Reason why you can't carry appendix!

 

[Saltwater60]

I’ve spoken to many cops and many DA’s don’t even want a thing to do with the safe act. My dad and brother are cops and most cops don’t even know the safe act. My brother still thinks that ammo background thing is still a thing and that if you didn’t know the safe act was a thing you have 30 days to register your gun. So cops don’t know the law.

The new juvinile law is even worse. The guy teaching the course to my dad didn’t even know it.

 

[Darth]

Hey guys, there is this dark figure on the ground behind me that mimics my every move. I only see him in the daytime though.

Should I be scared?

 

[FrankenCub]

I'm not a lawyer but I believe technically the law is still 7+1 as the legislative and FUAC never changed it. There was a question whether Skretny's ruling carried any weight on downstate. It was also reported that NYSP guidance was revised to not enforce seven round limit but I don't believe anything was officially done confirming this. Also who knows what position local agencies and prosecutors will take. FUAC.

I had a copy of the State Police handbook for SafeAct guidelines. It was updated to state that the limit has been reverted to 10 rounds. Also, stated right in their own handbook that they can NOT inspect your magazine to count rounds unless suspected of a crime. Thought I had it in my glove box in case some idiot wanted to give me a hassle but not sure what I did with it. Just moved this summer so I may find it again eventually.

 

[seezur]

Arguing about this is neurotic. 10+1 is fine. There are things that people here argue are in the “grey” legally, like the angle of rifle grips and whether Thordsen stocks are OK and what constitutes a thumb hole stock and so on forever and ever. This isn’t even close.

There’s nothing wrong with trying to follow the law (in fact I encourage it), but getting this bent out of shape about everything is just going to make prospective and current gun owners scared to carry. It’s just like when people argue about in what scenario it’s OK to defend your life or spout off about how if you defend yourself you will get life in prison or lose all your money in a civil suit. If you believe the doom and gloom, what’s the point of any of it? Just call 911 and hide under the bed.

There’s enough scaremongering, no need to perpetuate it within the community. NY sucks for gun owners but you do have some rights and I think doing Cuomo’s job for him is counterproductive to the cause.

 

[GOPerfect]

I cannot believe any of you people think there is a need to carry at a gun at all. What could happen to you? Seriously, grow up. Quit being so damned paranoid!

 

[Marine Cpl]

I think there is some confusion here. I believe some members here stopped at Skretny's ruling and weren't aware of a higher ruling.

The original safe act banned 10 rd magazines unless grandfathered if I remember correctly. After it was determined that 7 rd magazines didn't exist, it was amended to say that you can continue buying 10 rd magazines but can only load 7 except at certain places like the range. The law was rewritten.

Judge Skretny of the United States District Court for the Western District of New York declared the 7rd in a 10 rd magazine unconstitutional. He also struck down the muzzle break ban because it was spelled wrong. He let the rest of the safe act stand. His ruling only applied to his jurisdiction which was only in the western part of New York.

The whole safe act was appealed again. This time it went to the U.S. Court of Appeals, Second Circuit. They took on both the safe act in it's entirety and the Connecticut case. A 3 panel judge ruled that those laws were Constitutional. They reaffirmed Judge Skretny's decision about the magazine issue of 7 rounds and agreed that that part was unconstitutional. They however put the muzzle brake ban back on because their reasoning was that a spelling error didn't nullify it's intent. That 2nd circuit ruling applied to both NY and CT.

It hasn't been appealed to Scotus since.

The NY Penal law hasn't been updated since the ruling. It has been suspended however as per the 2nd Circuit's ruling. There is no way in hell that a lesser court can convict you against the ruling of a Federal District Court. It's is the highest court just below the Supreme Court of the United States.

The ruling and its entirety is relisted below. This decision is the only one that counts. Judge Skretny's previous decision isn't relevant anymore.

 

[Robin]

Hey guys, there is this dark figure on the ground behind me that mimics my every move. I only see him in the daytime though.

Should I be scared?

Only if it zig's when you zag.
Robin

 

[MoMan]

At least 15+1, sometimes 18+1. Depends on what I'm doing, and where I'm doing it!!

 

[Doc8404]

I cannot believe any of you people think there is a need to carry at a gun at all. What could happen to you? Seriously, grow up. Quit being so damned paranoid!

Thanks. Glad there are men like you ready to protect us at a moments notice.

 

[Doc8404]

I’ve spoken to many cops and many DA’s don’t even want a thing to do with the safe act. My dad and brother are cops and most cops don’t even know the safe act. My brother still thinks that ammo background thing is still a thing and that if you didn’t know the safe act was a thing you have 30 days to register your gun. So cops don’t know the law.

The new juvinile law is even worse. The guy teaching the course to my dad didn’t even know it.

Get drunk and kick your brother’s ass for us.

 

[GOPerfect]

Thanks. Glad there are men like you ready to protect us at a moments notice.

Absolutely that is what I'm here for I'm here for you man

 

[GOPerfect]

Well just as long as I'm not drinking coffee and eating Donuts