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Thread: NY State Magazine Capacity Laws

  1. #1

    Default NY State Magazine Capacity Laws

    Don't know who else to ask. Thought I'd try here. I've been lax in keeping up with the law changes. Recently been looking for a hi cap pistol and learned that NY doesn't allow more than 10 round mags. No problem because I only have 10 or less mags....except....
    Long story short....I have an AK47 30 round mag and want to be sure its legal.

    In 2004 I bought a SAR-1 at a gunshow in NY. It came with a 10 round mag and the guy thru in a 30 rounder too. Never really used it - I always use the 10 rounder.

    Is there a pre-ban / post-ban thing here like some of the older "assault rifles". I'll gladly trash it if it isn't legal....just want to be sure.

  2. #2
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    Anything pre-1994 is okay, and plentiful and common. There are dealers and stupid people with postban mags, and they generally fly under the radar and aren't bothered by the cops unless something happens, but the letter of the law says preban only.

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    ASSAULT WEAPONS
    It shall be unlawful to possess any “assault weapon”
    or “large capacity ammunition feeding device.” So called
    assault weapons lawfully possessed prior to September
    14, 1994 and large capacity ammunition feeding devices
    manufactured prior to such date can continue to be
    lawfully possessed..
    “Assault weapon” is defined as:
    A semiautomatic rifle that has an ability to accept a detachable
    magazine and has at least two of the following characteristics:
    • a folding or telescoping stock;
    • a pistol grip that protrudes conspicuously beneath the action
    of the weapon;
    • a bayonet mount;
    • a flash suppressor or threaded barrel designed to accommodate
    a flash suppressor;
    • a grenade launcher.
    • A semiautomatic shotgun that has at least two of the following
    characteristics:
    • a folding or telescoping stock;
    • a pistol grip that protrudes conspicuously beneath the action
    of the weapon;
    • a fixed magazine capacity in excess of five rounds;
    • an ability to accept a detachable magazine.
    • A semiautomatic pistol that has an ability to accept a detachable
    magazine and has at least two of the following characteristics:
    • an ammunition magazine that attaches to the pistol outside
    of the pistol grip;
    • a threaded barrel capable of accepting a barrel extender,
    flash suppressor, forward handgrip, or silencer;
    • shroud that is attached to, or partially or completely encircles,
    the barrel and that permits the shooter to hold the firearm
    with the nontrigger hand without being burned;
    • manufactured weight of fifty ounces or more when the
    pistol is unloaded.
    • A semiautomatic version of an automatic rifle, shotgun or
    firearm.
    • Any of the weapons, or functioning frames or receivers of such
    weapons, or copies or duplicates of such weapons, in any caliber,
    known as:
    • Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs
    (All Models);
    • Action Arms Israeli Military Industries UZI and Galil;
    • Beretta Ar70 (SC-70);
    • Colt AR-15;
    • Fabrique National FN/FAL, FN/LAR, and FNC;

  4. #4

    Default

    Thanks so much for the quick responses. Sounds like I "Might" be legal. How can i tell if it was made before 1994?

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    Quote Originally Posted by PistlePeat44 View Post
    Thanks so much for the quick responses. Sounds like I "Might" be legal. How can i tell if it was made before 1994?
    That's of Feb 2008, and I can't believe what I'm reading at the end there....

    No Colt AR-15's or Poly tech AK's. No semi versions of any fully autos.

    Since you have 2 of the following, (mag excess of 5 rounds + pistol grip), you have a problem.
    Last edited by oldFred; 08-31-2009 at 06:59 PM.

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    Quote Originally Posted by PistlePeat44 View Post
    How can i tell if it was made before 1994?
    for a AK mag you can't, there is no date stamps on them.
    Last edited by SfcRet; 08-31-2009 at 07:03 PM.

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  8. #8

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    Quote Originally Posted by oldFred View Post
    That's of Feb 2008, and I can't believe what I'm reading at the end there....

    No Colt AR-15's or Poly tech AK's. No semi versions of any fully autos.

    Since you have 2 of the following, (mag excess of 5 rounds + pistol grip), you have a problem.
    Now you have me totally confused. I read your link to NYS and it sounded OK to me.

    Whats Feb 2008?
    Whats "reading at the end" What end?
    Semi versions of full autos is not in the NY regs.
    5 rounds? Where did 5 come from...they all said 10?
    Last edited by PistlePeat44; 08-31-2009 at 07:28 PM.

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    Actually, Colt SP-1s and Poly AKs are some of the commonest Evil Rifles we have, because they're grandfathered. Remember, the NY ban happened at the same time as the national ban, and once the national ban sunset, all the preban stuff dropped in value everywhere but here, meaning there was demand and money pulling them in from other states.

    Generally speaking, other than Bulgarian Waffle Mags and commercial mags, any military surplus mag is legal or indetermineable, and in both cases you're safe- the law is only enforced as a tack-on charge when you're already in deep trouble for doing something highly illegal.

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    Pre ban mags are cheep in NY. I get imported AK mags for 15 dollars from a guy from Jersey. Pre ban AR mags for 20 and some times 15 dollars. For 30s. If you live in the city of Rochester ( I don't ) You cant have Hi caps 20 or 30 rounders. Its a No No. I live out side of town and have a couple. I get all of my mags from the shows leagaly. You can only have OLDER PREBAN mags in NY for HI CAPS 20 plus rounders. 10 rounds are fine. You cant hunt with 10 rounders. You can hunt with 5 rounds. That may be the issue.

    The city limits that you live in will have there own laws I found out by reading the ATF book on state laws.

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    Quote Originally Posted by Vaarok View Post
    Actually, Colt SP-1s and Poly AKs are some of the commonest Evil Rifles we have, because they're grandfathered. Remember, the NY ban happened at the same time as the national ban, and once the national ban sunset, all the preban stuff dropped in value everywhere but here, meaning there was demand and money pulling them in from other states.

    Generally speaking, other than Bulgarian Waffle Mags and commercial mags, any military surplus mag is legal or indetermineable, and in both cases you're safe- the law is only enforced as a tack-on charge when you're already in deep trouble for doing something highly illegal.
    He is right. The pre ban stuff dropped in value becouse most of the other 50 states could buy brand new hi cap mags. not us we get the old left over mags that have seen "pre enjoyment".

    Dont own new stuff if you are going to do bad stuff and get caught. Bad for you. I was sent a gift of a newer mag and had to disassemble it to be legal.

  12. #12

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    Quote Originally Posted by Florida Mike View Post
    I was sent a gift of a newer mag and had to disassemble it to be legal.
    That's my dilemma. The one I have appears to be unused, but I have no idea how old it is. I bought it at a gun show in Clarence, NY in 2003.

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    It's an AK mag. Nobody can tell and nobody will cause you trouble unless you do something bad.

    The interesting thing about the NY AWB is that the way it's written, you can technically buy a preban lower and build it up with whatever modern widgets you want, there's no original-configuration clause, just preban and not.

  14. #14
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    In New York State you are limited to one round magazines. It is also required that the single round in your magazine be serialized and that the ballistic related marks made by your firearm on the casing and bullet when fired be recorded with the state police. You must also have the permission, in writing, of Governor Patterson, Mayor Bloomberg, Shelly Silver, Malcomn Smith, Chuck Schumer ,Jerry Nadler and your scout troop leader before you are permitted to own a firearm and a single round (smile).
    Last edited by mjmd; 09-01-2009 at 10:53 AM.

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    The complication is explaining a pre-ban weapon to an uninformed cop with a hard-on.
    - Richie

    C&R: Shoot a firearm with some soul.

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    ^
    truth

    You will be fine with that mag.

    The tough part is getting people to ship anything here, even if it is legal. lol

    My 01 was arguing with centerfire because they wouldn't ship a single stack wasr to him for one of his customers. I guess you can't blame the vendors for covering their asses though.

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    Quote Originally Posted by Zer0DazE View Post
    ^
    truth

    You will be fine with that mag.

    The tough part is getting people to ship anything here, even if it is legal. lol

    My 01 was arguing with centerfire because they wouldn't ship a single stack wasr to him for one of his customers. I guess you can't blame the vendors for covering their asses though.
    Thats stupid arnt those 10 round Post ban compliant mags anyway? CYA
    Last edited by Florida Mike; 09-01-2009 at 07:16 PM. Reason: Im stupid

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    Interordinance got in a huge amount of trouble for selling postban STG-2000s to NY in 05-06, so you can't really blame others for being cautious. Albany County and I think Rochester both have silly local bans on certain firearms, and the downstate bedroom communities are unfriendly, and then the City has its own ridiculous legal system...

  19. #19
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    Quote Originally Posted by Florida Mike View Post
    Pre ban mags are cheep in NY. I get imported AK mags for 15 dollars from a guy from Jersey. Pre ban AR mags for 20 and some times 15 dollars. For 30s. If you live in the city of Rochester ( I don't ) You cant have Hi caps 20 or 30 rounders. Its a No No. I live out side of town and have a couple. I get all of my mags from the shows leagaly. You can only have OLDER PREBAN mags in NY for HI CAPS 20 plus rounders. 10 rounds are fine. You cant hunt with 10 rounders. You can hunt with 5 rounds. That may be the issue.

    The city limits that you live in will have there own laws I found out by reading the ATF book on state laws.
    where outside of Rochester are you? i'd love to shoot with other milsurp junkies

  20. #20
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    I'm over in Buffalo. You 2 need to stay away from the gun shows over here

    Quote Originally Posted by Vaarok View Post
    Interordinance got in a huge amount of trouble for selling postban STG-2000s to NY in 05-06, so you can't really blame others for being cautious. Albany County and I think Rochester both have silly local bans on certain firearms, and the downstate bedroom communities are unfriendly, and then the City has its own ridiculous legal system...
    Yeah, the laws here differ from county to county, and city to city. Like I said, I don't blame them, it just sucks. You end up having to buy them from the local stores that tack 200+ to the price.

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