Tinman
.308 Win
Does NY allow you to have more than a 10 round capacity on a lever action rifle that has a fixed tubular magazine? I am referring to a center fire rifle not a rim fire.
Question on fixed tubular magazine capacity
- Thread starter Tinman
- Start date
Probably
The text in the law that refers to tubular magazines (within the definition of "Large capacity ammunition feeding device") is , "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"
So, no.
So, no.
Just out of curiousity, is there a lever gun other than a rimfire that has a capacity of more than 10 ? I have a Win 94 that will hold 8, and a Marlin 1895 that will hold 6. Maybe if something was chambered in 9mm or 40S&W I guess it could be a thing, but what exactly are you looking at ?
Acer-m14
.950 JDJ
how many .22 shorts will it hold .. ?? did the Law say it had to work .. lol
Has absolutely nothing to do with semi or not. The law defining "Large capacity ammunition feeding devices" has nothing to do with the law defining "Assault weapon", which is where whether something was semi-auto would matter.
Those shotguns also have nothing to do with it. They get by in NY by having two tube magazines considered to have a capacity of 7 or 10 each that must be manually switched.
Plus they are designed for a specific shell. The manufacture designed it to hold seven 2 3/4 inch shells, how many 1 3/4 inch shells it holds is irrelevant.
spat
.700 Nitro Express
No, that is a high cap magazine.
The gun isn't an AW, but the attached magazine is a high cap magazine just as bad as a 30 rounder for an AR.
Your 17 round glock mag is illegal even if you don't have a glock.
Technically the mag tube for that shotgun is illegal even without the shotgun at all.
So, bolt/pump/lever, anything else doesn't make magazines OK.
What makes them legal then? Because it's two tubes?
HIghlander
.223 Rem
Off hand I would say 26 rounds of 22 Shorts.
Yeah. That's what I said in post #7 that quoted your post. They are considered two separate magazine tubes; of 7 or 10 rounds each (Depending on the model). If you didn't have to manually switch between them, they wouldn't be.
If I'm not mistaken, I believe the NYSP have officially tried to argue their legality, but for now they remain legal for that reason.
Tinman
.308 Win
Uberti 1866 yellow boy .45lc w/24” barrel holds 12+1. So does a Rossi 92 in 357 w/ a 24” barrel.
Saltwater60
.950 JDJ
The only exception for over 10 round capacity is for a tube fed .22lr. It’s right in the safe act. The only other exception is for an antique firearm or magazine holding over 10 rounds, but it then must be registered as an assault rifle.
Attachments
Saltwater60
.950 JDJ
The law very clearly states anything over 10 round capacity is illegal regardless of semi auto or not. Now so I agree with it? No but that’s not the question here.
Attachments
Saltwater60
.950 JDJ
I’m not sure how you would modify a tube magazine since the round need to go in the top and out the bottom. Cut and re-notch it. Good thinking on how to work around the law though. I’m always thinking of little things I can do. I’m actually thinking of building a semi auto 22 ar and trying to figure out how I could make it tube fed to skirt this.
repete
.338 Win Mag
I think the real determining factor would be who you are/know and the cop the asking questions. Sad but true.
Just because I'm a stickler for correct information, this has been in the penal law since 1994 (or.. technically just in NY since 2004).
Nothing to do with 'Safe Act'.
Safe act is simply a series of amendments and additions to sections of the NY penal code, but that line is a holdover from the 1994 Federal AWB that NY ruled to continue in state after it's federal expiration in 2004.
meketrefe
.450/400 Nitro Ex
The answer does not exist. It is open to arbitrary interpretation. For example a lever action with a 10 round tube might take 9 rounds of 357 Max and 14 rounds of 357 magnum and 15 rounds of 38 special. So we should start by defining maximum capacity itself that is not even well defined.
spat
.700 Nitro Express
Because nobody has decided to crack down on them yet.
Or the same thing that makes a 10 round 50 beowulf mag legal for an AR.
If some cop wanted to be a dick, he could certainly arrest you for it.
If some DA wanted to make headlines he could prosecute you for it.
If some judge just hated gun owners he could probably help the DA convict.
Tinman
.308 Win
Well I talked to 2 FFL locations and they said if I purchased a lever action rifle on a web site that held more than 10 rounds in the tube, they would not transfer it to me because it is illegal in NY except for rim fire rifles. I did trade a Rossi 92 with a 24” barrel and held 12 +1 and the store sold it on Gun Broker because they could not sell it NY. So thanks for all of the comments and advice. I appreciate the input.