Marine Cpl
.577 Tyrannosaur.
Isn't a Federal Ruling by a judge black and white?
Having 10 rounds in a 10 round magazine?
- Thread starter freddy
- Start date
meketrefe
.450/400 Nitro Ex
10x5 + 5 always. lol
Is that ruling in the current printing of the NY Penal law?
Some of you may remember from the other site, I actually wrote to Cuomo to ask about this issue. This is the response from Andrew Cuomo, governor of NYS.
Dear Mr. Criticalt,
Reference is made to your correspondence directed to New York State Governor Andrew Cuomo regarding the ammunition restrictions placed on magazines. I have been asked to respond to your inquiry.
Two Federal rulings concerning the 7-round limit in magazines have deemed the restriction to be unconstitutional, however, these decisions are jurisdictional and can be interpreted to mean that they apply only in the geographic part of the state where the ruling court presides. Such being the case, some municipalities that fall outside of the jurisdictional boundaries of these courts have taken the position that the ruling doesn't apply to their agencies and therefor will continue to enforce the 7-round limit. As there remains some uncertainty regarding this restriction, it is recommended that you exercise discretion when loading your magazine.
I hope that this information proves useful. If you feel that the New York State Police can provide further assistance in this matter, please write this office of call (518) 464-7120.
James E. Sherman
Technical Lieutenant
New York State Police
Pistol Permit Bureau
Phone: (518) 464-7120
Dear Mr. Criticalt,
Reference is made to your correspondence directed to New York State Governor Andrew Cuomo regarding the ammunition restrictions placed on magazines. I have been asked to respond to your inquiry.
Two Federal rulings concerning the 7-round limit in magazines have deemed the restriction to be unconstitutional, however, these decisions are jurisdictional and can be interpreted to mean that they apply only in the geographic part of the state where the ruling court presides. Such being the case, some municipalities that fall outside of the jurisdictional boundaries of these courts have taken the position that the ruling doesn't apply to their agencies and therefor will continue to enforce the 7-round limit. As there remains some uncertainty regarding this restriction, it is recommended that you exercise discretion when loading your magazine.
I hope that this information proves useful. If you feel that the New York State Police can provide further assistance in this matter, please write this office of call (518) 464-7120.
James E. Sherman
Technical Lieutenant
New York State Police
Pistol Permit Bureau
Phone: (518) 464-7120
Sure I can, in fact, I'm not even convinced they're "facts" lol. For one assuming the arresting officer's superior officer will instruct arresting officer not to arrest you and that the DA knows the law has been overturned is a pretty huge big leap of faith. What agency are we talking about? What DA? I have personally spoken to retired LEOs who advised to only carry 7 rounds and they knew full well the outcome of the court cases. Fact is the LAW on the books still says no more than 7 rounds and the NYS legislature has not amended it for whatever reason.
Look, I'm not trying to argue this and beat a dead horse. Also I'm personally comfortable carrying 10+1. But how this will play out in the end is any body's guess. Best we can do is know the law, the court cases and circumstances and make a decision that you are comfortable with. Everybody's risk tolerance is different.
Yep, right next to "administrative restrictions" pistol permits.
Uzi
.308 Win
It would be nice to see this written into the penal law for NYS. Maybe someone can pull that up and show all of us? And yes, it was deemed jurisdictional for western NY only. No matter how comfortable and confident you feel, If the police officer doesn't know, what is he going to look up to check? STOP GIVING FALSE INFO THAT CAN LAND PEOPLE IN JAIL! Do what you think is best.
Phazer
.450/400 Nitro Ex
I'm not sure that would be appropriate....at least in public.
eagleridge357
.223 Rem
see post #16
Shame on you!! Lol!!
eagleridge357
.223 Rem
What makes you say it became binding upon the entire state?
Well, they can charge with a whole crap ton of other laws that are on the books too. Adultery, walking with an ice cream cone in your pocket. Did you know it's against NYC code to talk to people on the elevator? You can't put your thumb on your nose and wave your fingers in the air. That doesn't mean that any of them will actually be prosecuted.
The Second Circuit applies laws to the entire state.
Marine Cpl
.577 Tyrannosaur.
It doesn't matter what's printed in the Penal Law. It was struck out of the Penal Law by Judge.
Serious question.... Do you really think you'd serve prison time for this after declared unconstitutional and stricken by a Federal judge? Yes or no.
I believe the issue is that some municipalities have taken the position that the underlying case that was upheld didn't have jurisdiction to begin with so upholding it didn't either. Then again, I'm not a lawyer...
Uzi
.308 Win
The problem with that is they aren't the same thing and shouldn't be compared. Also, if and when you get caught carrying, do you think you're going to be just fine and dandy depending on where you are when you lie and tell the officer "yeah I just came from the range"? No, you'll probably get your non-carry permit pulled indefinitely by the judge and then risk getting all of your other guns taken away. The over confidence
No. You already are though. You should stop assuming something exists that doesn't exist. Find me that updated penal law.
Gunner57
.223 Rem
Uzi
.308 Win
Prison time, probably not. Guns taken away and permit revoked YES. Money lost for lawyer and court fees yes.
Marine Cpl
.577 Tyrannosaur.
Right that was after Judge Scratchy's decision. The 2nd circuit made it binding on the whole state after it's decision was made.
It was declared unconstitutional. What's hard to understand about that.
Marine Cpl
.577 Tyrannosaur.
The 2nd judge's ruling in the 2nd circuit. Are you guys seriously out of touch on how Federal Circuit decisions work?
The 2nd's decisions are binding in NY, CT, and Vermont. SCOTUS is binding on the whole country.
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Again, not a lawyer but don't believe that statement is factually correct. My understanding is after it is struck down the legislature must amend the penal code to comply with the court's decision. That hasn't happened and it is still in the penal code. Maybe a lawyer can chime in...
As far as your question I've already stated I'm personally comfortable carrying 10+1 so not sure there's much left to say.
Uzi
.308 Win
You're not making much sense. No I don't follow made up laws?
meketrefe
.450/400 Nitro Ex
Why these discussions keep popping up all over?
We had NYS, Local PD, lawyers, local politicians, etc.. ratifying they have confirmation and that is what we are doing.
This was also published after the 2nd circuit resolution.
Even if an uninformed officer holds you the next one will release you as they have no case to retain you.
call the NYS 1 800 number, record the answer and put it inside your vault if that helps you sleep better at night.
These threads keep repeating. So boring.
We had NYS, Local PD, lawyers, local politicians, etc.. ratifying they have confirmation and that is what we are doing.
This was also published after the 2nd circuit resolution.
Even if an uninformed officer holds you the next one will release you as they have no case to retain you.
call the NYS 1 800 number, record the answer and put it inside your vault if that helps you sleep better at night.
These threads keep repeating. So boring.
meketrefe
.450/400 Nitro Ex
Courier, is that you?
LOL
LOL
Uzi
.308 Win
I don't even have any carry guns that hold 10 rounds.
Marine Cpl
.577 Tyrannosaur.
I really cannot grasp how some here think they'll serve prison time for something declared unconstitutional by a Federal Judge that is binding in 3 states.
Holy cow man! You guys should read up on how Court systems and rulings work then come back and edit your posts.
It is impossibly to serve time for something declared unconstitutional. Period.
Once a judge strikes a law, it is stricken at that very moment. You cannot get convicted by a law not edited and serve time for something declared unconstitutional. It's impossible.
Holy cow man! You guys should read up on how Court systems and rulings work then come back and edit your posts.
It is impossibly to serve time for something declared unconstitutional. Period.
Once a judge strikes a law, it is stricken at that very moment. You cannot get convicted by a law not edited and serve time for something declared unconstitutional. It's impossible.
