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Old May 12, 2010, 11:17 AM   #1
M4Sherman
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Hi-cap magazines in NY

Alright I have some old AR magazines (32rnd 9mm) colt magazines on gunbroker and I have NY as one of my "no ship" areas but I have gotten 2 emails saying that I can ship them to NY because they are "pre-ban" (pre 1994)

so is there any truth behind this?

I probably still will not ship to him but I am curious
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Old May 12, 2010, 11:29 AM   #2
Brian Pfleuger
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Pre-ban in NY only applies to having the item IN POSSESSION prior to the ban.

It can not be shipped into the state.
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Old May 12, 2010, 11:42 AM   #3
Musketeer
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I live in NY and Peetzakiller is correct.

What is more, given the personal agenda Bloomberg has against guns and the illegal stings he has run outside NY already I would not be surprised if he had people online trying to show the "holes in the system."

don't take the bait.
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Old May 12, 2010, 11:48 AM   #4
Brian Pfleuger
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The exact law:

NY Penal Code 265.02 Criminal Possession of a Weapon in the Third Degree:

A person is guilty of criminal possession of a weapon in the third degree when:

1)Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subsection one, two, three or five of subsection 265.01, and has been previously convicted of any crime; or


(8) Such person possesses a large capacity ammunition feeding device.

Criminal possession of a weapon in the third degree is a class D felony.
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Old May 12, 2010, 07:55 PM   #5
M4Sherman
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thanks now I have something to send back to these mates so they know and wont get in trouble
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Old May 13, 2010, 07:04 AM   #6
blume357
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Good enough answer for me....

but keep in mind, you can even be wrong about this and still choose to not sell/ship them to NY. This is your right as the seller and the folks can spit and moan all they want.... tell them to spend their time more wisely, like trying to educate their stupid lawmakers.
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Old May 13, 2010, 09:29 AM   #7
Musketeer
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Living in NY I can understand their frustration. Some companies will not ship even LEGAL mags to NY.

Also, don't pick on those looking for the mags as needing to convince/change their leaders. Trust me, we are far outnumberred by memebers of certain voting blocks who traditionally are sided with the antis. Personally I think our only hope here is the upcoming SCOTUS decision and suits to follow.
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Old May 13, 2010, 10:48 AM   #8
hexidismal
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I would like to know where peetzakilla and Muskateer got the information they are giving. I don't believe they are correct. Some companies, as Muskateer said, will not ship to NY but there are others that will send pre-ban mags here.

For example from JGsales "ATTENTION: The following locations have magazine restrictions; please check for your local law and regulations before placing an order.

California- No mags over 10rds without a high-cap mag permit.
Hawaii- No handgun mags over 10rds.
Massachusetts- No mags over 10rds.
Maryland- No mags over 20rds.
New Jersey- No mags over 15rds.
New York- No mags over 10rds made after 1994 (i.e. none marked Law Enforcement only).
Chicago-No mags over 10rds.
Washington DC- No mags over 10rds."

The penal law code sited by peetzakilla really doesn't apply at all. Pre-ban (pre-'94) "high capacity" magazines are absolutely legal here in NY, and are regularly sold legally in gun stores. The question is in regards to shipping in to NY, and though it's possible I'm simply not aware of it, I haven't seen any written law barring it.
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Old May 13, 2010, 11:34 AM   #9
Brian Pfleuger
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Quote:
The penal law code sited by peetzakilla really doesn't apply at all. Pre-ban (pre-'94) "high capacity" magazines are absolutely legal here in NY, and are regularly sold legally in gun stores. The question is in regards to shipping in to NY, and though it's possible I'm simply not aware of it, I haven't seen any written law barring it.

Hm.

Well, you could be right.

Section 265.00 Para 23 states:

"Large Capacity ammunition feeding device" means a magazine, belt drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can readily be converted to accept, more than ten 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."


How exactly does one prove that manufacture date of a magazine?
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Old May 13, 2010, 02:38 PM   #10
yourang?
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i live in ny

this is always confusing

i have a sw 5906 that was made in 1984
it came with a 15 round mag that was made before the ban (1994)
it is legit

i cant buy more NEWLY made 15 rounders for the gun, even though
the gun is made in 1984

it's not about the age of the gun
it's about the age of the mag

now, i have a keltec sub 2000 that takes sw 59 mags
i can use the old mags, but cant use larger capacity mags NEWLY made

thing is: it is usually not the thing you are going to get called to task on,
even though it is illegal....although it is up to the owner to prove that they are "pre-ban"

i just bought some us govt surplus 15 rounders for my m1 carbine.....
the company selling them shipped to ny with no questions asked
(because they were made sometime in the late 40s or early 50s...way way
pre-ban)

but i couldnt buy newly made 15 rounders for the M1

confusing

i asked my ffl about some obviously not pre-ban ar mags that were
being sold at the syracuse show last month.....it is on the buyer to prove
that they are pre-ban....so the sellers can sell and get in trouble or not,
but the owner of the mags has the burden of proof on them to show that
they are pre-ban....

sorry to ramble
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Old May 14, 2010, 05:51 AM   #11
Musketeer
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It gets even worse. I have listenned to officers at the Suffolk County Pistol Licensing Office tell people the could own pre-ban mags but if an SCPD officer catches them with more than 10 in one they will be arrested. These are the very officers in that office who decide who is allowed to even own a handgun and oversee the process.

This is the problem in NY. The law matters only so much because the authorities are willing to do as they please. I don't know about you but I don't have the cash to spend to fight the false arrest when NY incorrectly prosecutes me.
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