NYC magazine capacity restrictions

Ultra12 · July 28, 2010, 09:43 PM

I was at the range today an was told by ex nypd officer that even though nyc only allows rifles and shotguns with 5 rounds capacity a lever action due to its fixed magazine can be up to 10 rounds.
I am having hard time finding details of 1992 assault rifle ban as I was told i should check there. but perhaps you guys can point me in to the right direction.
if its in fact true i am no longer limited to 444 or 45-70 marlin lever actions among selected few that have 5 magazine capacity

Brian Pfleuger · July 28, 2010, 10:05 PM

There never was any such thing as a five round limit, unless it was NYC specific.

Lever actions are not assault weapons:

"Assault weapons does not include:
• any rifle, shotgun or pistol that: is manually operated by
bolt, pump, lever or slide action;"

and..

“Large capacity ammunition feeding device” means
a magazine, belt, drum, feed strip, or similar device,
manufactured after September 13, 1994, that has a
capacity of, or that can be readily restored or converted
to accept, more than ten rounds of ammunition. There
is an exception for an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.

In other words, state law allows lever action guns the same capacity as (virtually) every other gun.... 10 rounds.

Glenn Dee · July 29, 2010, 04:28 AM

NYC does have a capacity limit on rifles. Assault

or otherwise. Sadly you also must have a Rifle/shotgun permit to own a long gun within the city limits.
Mayor Bloomberg is smiling.

Musketeer · July 30, 2010, 08:01 AM

We do try I believe. In places like NYC where the anti sentiment is so dominating in the goverment though you could easily become a criminal with a stroke of the pen and never know it. Incorrect information from the authorities themselves can have the same effect. I have seen such information given incorrectly by the Suffolk County Police to pistol permit holders.

Ultra12 · August 1, 2010, 08:38 AM

I have rifle and shotgun permit so I can legally own a gun in NYC but I wanted another rifle (lever) for my collection but with 5 round capacity all I can get is marlin 444 or marlin 45-70. It's expensive to shoot so I was hoping to get something in pistol round for plinking

Slotback · August 1, 2010, 02:51 PM

NYC does have it's own "gun laws".

Ultra12 · August 3, 2010, 04:30 PM

can some one with nyc gun law knowledge chime in.

Ultra12 · August 16, 2010, 09:01 PM

Bueller... Bueller

maestro pistolero · August 16, 2010, 11:35 PM

Doesn't a ten-round magazine limit really amount to a trigger lock (think: Heller) with ten round delay? If a home invasion were occur for example, with multiple suspects as is the MO in such cases, 10 rounds might very likely not be enough.

Such a limit renders one's firearm temporarily inoperable after an arbitrary number of shots, and should therefore be invalidated under the functional firearm requirement of Heller vs DC.

Glenn Dee · August 23, 2010, 09:11 AM

Most NYC Gun shops can fit your rifle with a plug in a tubular magazine, or a block in a box magazine to limit it's capacity and make NY politicians happy.
If Ollinville Arms is still in in business in the Bronx, they may be able to help you.

Gary Slider · August 23, 2010, 12:58 PM

http://public.leginfo.state.ny.us/LA...2+&TARGET=VIEW

Crazy link but this is the link to the NYC Admin Code for Firearms. (Edited: Crazy Link is so long the whole thing won't show up in my post)

If that doesn't work go to his page and scroll to the bottom and click on NYC Admin Code

http://public.leginfo.state.ny.us/ME...S+&TARGET=VIEW

Link to NYC on obtaining a firearm permit to won
http://www.nyc.gov/html/nypd/downloa...tle38-rcny.pdf

Hope this is what you were looking for.

July 28, 2010, 09:43 PM	#1
Ultra12 Senior Member Join Date: May 15, 2010 Location: NYC Posts: 162	NYC magazine capacity restrictions I was at the range today an was told by ex nypd officer that even though nyc only allows rifles and shotguns with 5 rounds capacity a lever action due to its fixed magazine can be up to 10 rounds. I am having hard time finding details of 1992 assault rifle ban as I was told i should check there. but perhaps you guys can point me in to the right direction. if its in fact true i am no longer limited to 444 or 45-70 marlin lever actions among selected few that have 5 magazine capacity __________________ Abe Lincoln may have freed all men, but Sam Colt made them equal.

July 28, 2010, 10:05 PM	#2
Brian Pfleuger Moderator Emeritus Join Date: June 25, 2008 Location: Austin, CO Posts: 19,578	There never was any such thing as a five round limit, unless it was NYC specific. Lever actions are not assault weapons: "Assault weapons does not include: • any rifle, shotgun or pistol that: is manually operated by bolt, pump, lever or slide action;" and.. “Large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device, manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition. There is an exception for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. In other words, state law allows lever action guns the same capacity as (virtually) every other gun.... 10 rounds. __________________ Nobody plans to screw up their lives... ...they just don't plan not to. -Andy Stanley

July 30, 2010, 08:01 AM	#4
Musketeer Senior Member Join Date: September 12, 2005 Posts: 3,733	We do try I believe. In places like NYC where the anti sentiment is so dominating in the goverment though you could easily become a criminal with a stroke of the pen and never know it. Incorrect information from the authorities themselves can have the same effect. I have seen such information given incorrectly by the Suffolk County Police to pistol permit holders. __________________ "Religions are all alike - founded upon fables and mythologies." Thomas Jefferson "The way to see by faith is to shut the eye of reason." Benjamin Franklin

August 1, 2010, 08:38 AM	#5
Ultra12 Senior Member Join Date: May 15, 2010 Location: NYC Posts: 162	I have rifle and shotgun permit so I can legally own a gun in NYC but I wanted another rifle (lever) for my collection but with 5 round capacity all I can get is marlin 444 or marlin 45-70. It's expensive to shoot so I was hoping to get something in pistol round for plinking __________________ Abe Lincoln may have freed all men, but Sam Colt made them equal.

August 3, 2010, 04:30 PM	#7
Ultra12 Senior Member Join Date: May 15, 2010 Location: NYC Posts: 162	can some one with nyc gun law knowledge chime in. __________________ Abe Lincoln may have freed all men, but Sam Colt made them equal.

July 29, 2010, 04:28 AM	#3
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	NYC does have a capacity limit on rifles. Assault or otherwise. Sadly you also must have a Rifle/shotgun permit to own a long gun within the city limits. Mayor Bloomberg is smiling.

August 1, 2010, 02:51 PM	#6
Slotback Senior Member Join Date: May 30, 2010 Posts: 162	NYC does have it's own "gun laws".

August 16, 2010, 09:01 PM	#8
Ultra12 Senior Member Join Date: May 15, 2010 Location: NYC Posts: 162	Bueller... Bueller __________________ Abe Lincoln may have freed all men, but Sam Colt made them equal.

August 16, 2010, 11:35 PM	#9
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Doesn't a ten-round magazine limit really amount to a trigger lock (think: Heller) with ten round delay? If a home invasion were occur for example, with multiple suspects as is the MO in such cases, 10 rounds might very likely not be enough. Such a limit renders one's firearm temporarily inoperable after an arbitrary number of shots, and should therefore be invalidated under the functional firearm requirement of Heller vs DC.

August 23, 2010, 09:11 AM	#10
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	Most NYC Gun shops can fit your rifle with a plug in a tubular magazine, or a block in a box magazine to limit it's capacity and make NY politicians happy. If Ollinville Arms is still in in business in the Bronx, they may be able to help you.

August 23, 2010, 12:58 PM	#11
Gary Slider Senior Member Join Date: October 10, 2006 Location: New Martinsville, WV Posts: 432	http://public.leginfo.state.ny.us/LA...2+&TARGET=VIEW Crazy link but this is the link to the NYC Admin Code for Firearms. (Edited: Crazy Link is so long the whole thing won't show up in my post) If that doesn't work go to his page and scroll to the bottom and click on NYC Admin Code http://public.leginfo.state.ny.us/ME...S+&TARGET=VIEW Link to NYC on obtaining a firearm permit to won http://www.nyc.gov/html/nypd/downloa...tle38-rcny.pdf Hope this is what you were looking for. __________________ ___________ Gary Slider Co-Owner Handgunlaw.us Member Armed Citizens Legal Defense Network.