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Posted: 12/11/2013 6:21:09 AM EST
[Last Edit: 12/11/2013 6:22:32 AM EST by TnMike]
I'm not finding an answer to my question anywhere so here goes... Can a magazine with a capacity greater than 10rd be disassembled as a repair parts kit and shipped to residents of NY, legally?
Link Posted: 12/11/2013 6:29:17 AM EST
Classic city offers it from their website. If a real business is offering it then I'm guessing they have researched it. I am probably going to order some from them shortly so we will see how it goes. I don't think the SAFE act website has any info on it either. What a bunch of BS btw

Link Posted: 12/11/2013 7:44:39 AM EST
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.
Link Posted: 12/11/2013 7:59:46 AM EST
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Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.
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Is this law or opinion?
Link Posted: 12/11/2013 8:06:27 AM EST
[Last Edit: 12/11/2013 8:06:51 AM EST by MisterPX]
IIRC, it's teh law. SAFE made no provisions for rebuild kits.

However, you can send a regular mag to a NY FFL, just like you can send a normal AR. Only exalted ones however, can take possesion form teh FFL.
Link Posted: 12/11/2013 8:14:14 AM EST
[Last Edit: 12/11/2013 8:15:22 AM EST by Mach]
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Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.
View Quote



Where does the law ban magazine parts, because the body is one of the parts. A stripped body can not function as a magazine.

Is there a definition of what constitutes a magazine that can hold more than 10 rounds because a stripped mag body can not hold any rounds without a floor plate and if you don't have a spring in a ten round mag it can hold more than 10, so how exactly does the law define magazine and 10 round magazine.

Most likely it doesn't define any of this.
Link Posted: 12/11/2013 8:14:37 AM EST
Yea, I was wondering the same thing. Can get some great deals on pmags around, but only the evil scary variety. Was going to get some blocks from magazineblocks.com to reduce them to 10 rounds.

I know at least one vendor that will ship them as rebuild kits. But I'm nervous about the time between them being shipped, and me modding them to 10 rounds.
Link Posted: 12/11/2013 8:43:08 AM EST
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Originally Posted By TnMike:

Is this law or opinion?
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Originally Posted By TnMike:
Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.

Is this law or opinion?


It's widely held opinion. There is no case law. It doesn't exist.
Link Posted: 12/11/2013 8:49:00 AM EST
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Originally Posted By Enlightenme556:


It's widely held opinion. There is no case law. It doesn't exist.
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Originally Posted By Enlightenme556:
Originally Posted By TnMike:
Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.

Is this law or opinion?


It's widely held opinion. There is no case law. It doesn't exist.

So basically there is no law or rule preventing someone from disassembling a magazine, selling it a rebuild kit, and shipping it to NY. What the end user does with it is what they do with it. Am I correct here?
Link Posted: 12/11/2013 8:54:01 AM EST
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Originally Posted By Mach:



Where does the law ban magazine parts, because the body is one of the parts. A stripped body can not function as a magazine.

Is there a definition of what constitutes a magazine that can hold more than 10 rounds because a stripped mag body can not hold any rounds without a floor plate and if you don't have a spring in a ten round mag it can hold more than 10, so how exactly does the law define magazine and 10 round magazine.

Most likely it doesn't define any of this.
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Originally Posted By Mach:
Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.



Where does the law ban magazine parts, because the body is one of the parts. A stripped body can not function as a magazine.

Is there a definition of what constitutes a magazine that can hold more than 10 rounds because a stripped mag body can not hold any rounds without a floor plate and if you don't have a spring in a ten round mag it can hold more than 10, so how exactly does the law define magazine and 10 round magazine.

Most likely it doesn't define any of this.


Of course it doesn't define any of that.


Penal Law § 265.36: Makes it a class A misdemeanor to knowingly possess a “greater than ten” magazine manufactured before 9/13/1994, if owned before 1/15/2013.
• Penal Law § 265.37: Makes it a class A misdemeanor to knowingly possess an “ammunition feeding device” that was possessed before 1/15/2013 if it has a capacity of “more than seven but less than ten” if loaded with more than seven.
Link Posted: 12/11/2013 9:11:03 AM EST
[Last Edit: 12/11/2013 9:11:57 AM EST by Enlightenme556]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TnMike:

So basically there is no law or rule preventing someone from disassembling a magazine, selling it a rebuild kit, and shipping it to NY. What the end user does with it is what they do with it. Am I correct here?
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TnMike:
Originally Posted By Enlightenme556:
Originally Posted By TnMike:
Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.

Is this law or opinion?


It's widely held opinion. There is no case law. It doesn't exist.

So basically there is no law or rule preventing someone from disassembling a magazine, selling it a rebuild kit, and shipping it to NY. What the end user does with it is what they do with it. Am I correct here?


There have been many debates here about what, if anything, could happen to an out of state private seller. It's unclear at best, and totally dependent on how far a NY DA is willing to go. Conspiracy to " - - - " is what's been thrown around. The law is intentionally vague.
Link Posted: 12/11/2013 9:15:53 AM EST
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Originally Posted By Enlightenme556:


Of course it doesn't define any of that.


Penal Law § 265.36: Makes it a class A misdemeanor to knowingly possess a “greater than ten” magazine manufactured before 9/13/1994, if owned before 1/15/2013.
• Penal Law § 265.37: Makes it a class A misdemeanor to knowingly possess an “ammunition feeding device” that was possessed before 1/15/2013 if it has a capacity of “more than seven but less than ten” if loaded with more than seven.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Enlightenme556:
Originally Posted By Mach:
Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.



Where does the law ban magazine parts, because the body is one of the parts. A stripped body can not function as a magazine.

Is there a definition of what constitutes a magazine that can hold more than 10 rounds because a stripped mag body can not hold any rounds without a floor plate and if you don't have a spring in a ten round mag it can hold more than 10, so how exactly does the law define magazine and 10 round magazine.

Most likely it doesn't define any of this.


Of course it doesn't define any of that.


Penal Law § 265.36: Makes it a class A misdemeanor to knowingly possess a “greater than ten” magazine manufactured before 9/13/1994, if owned before 1/15/2013.
• Penal Law § 265.37: Makes it a class A misdemeanor to knowingly possess an “ammunition feeding device” that was possessed before 1/15/2013 if it has a capacity of “more than seven but less than ten” if loaded with more than seven.

unless there is a clause that says "readily convertible" or something similar, it sounds like a 30 round mag blocked to 10 or 7 would be legal even if the block was removable with tools.
Link Posted: 12/11/2013 9:22:54 AM EST
[Last Edit: 12/11/2013 9:42:53 AM EST by Enlightenme556]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Mach:

unless there is a clause that says "readily convertible" or something similar, it sounds like a 30 round mag blocked to 10 or 7 would be legal even if the block was removable with tools.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Mach:
Originally Posted By Enlightenme556:
Originally Posted By Mach:
Originally Posted By Enlightenme556:
No.
The body of the mag, is the mag. Assembled, disassembled, doesn't matter. The person receiving it is breaking the law.



Where does the law ban magazine parts, because the body is one of the parts. A stripped body can not function as a magazine.

Is there a definition of what constitutes a magazine that can hold more than 10 rounds because a stripped mag body can not hold any rounds without a floor plate and if you don't have a spring in a ten round mag it can hold more than 10, so how exactly does the law define magazine and 10 round magazine.

Most likely it doesn't define any of this.


Of course it doesn't define any of that.


Penal Law § 265.36: Makes it a class A misdemeanor to knowingly possess a “greater than ten” magazine manufactured before 9/13/1994, if owned before 1/15/2013.
• Penal Law § 265.37: Makes it a class A misdemeanor to knowingly possess an “ammunition feeding device” that was possessed before 1/15/2013 if it has a capacity of “more than seven but less than ten” if loaded with more than seven.

unless there is a clause that says "readily convertible" or something similar, it sounds like a 30 round mag blocked to 10 or 7 would be legal even if the block was removable with tools.




http://www.governor.ny.gov/nysafeact/gun-owners

Q: How does the SAFE Act impact magazines?

A: Since 1994, magazines sold in New York could contain up to 10 rounds. This continues to be true today. You may buy, sell, and possess any magazine that can hold up to 10 rounds, regardless of when it was manufactured. If you have a magazine that can contain more than 10 rounds, you have until January 15, 2014 to permanently modify the magazine so that it holds no more than ten rounds, responsibly discard it, or sell it to a dealer or an out of state purchaser



Eta

Now define permanent.
Link Posted: 12/11/2013 9:27:56 AM EST
I suppose if I possess all the parts needed to manufacture a magazine that can only hold 10 rounds, that it just might possibly be not illegal enough to do. If assembled properly.
Link Posted: 12/11/2013 12:48:36 PM EST
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