Pre-Ban Pistol Mags in the City

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[ARCHIVED THREAD] - Pre-Ban Pistol Mags in the City

Posted: 11/30/2007 3:11:06 PM EDT

I was under the impression that NYC did not recognize Pre-Ban magazines for pistols as well as assault weapons" however after poring over the NYC Administrative law online I can only find the language on rifle and shotgun magazines at maximum of 5 rounds.

thx

Posted: 11/30/2007 3:42:12 PM EDT

[#1]

New York City Administrative Code

Chapter 1 - PUBLIC SAFETY

.....................

§ 10-131 Firearms.

.....................

6. It shall be unlawful for any person to possess any ammunition
feeding device designed for use in a firearm except as provided in
subparagraphs (a), (b), (c), (d) and (e) of this paragraph.

(a) Any pistol or revolver licensee or permittee may possess an
ammunition feeding device designed for use in the pistol or revolver
such licensee or permittee is authorized to possess, provided that such
ammunition feeding device is not capable of holding more than seventeen
rounds of ammunition and provided further that such ammunition feeding
device does not extend below the grip of the pistol or revolver.

.....................

Posted: 11/30/2007 3:56:47 PM EDT

[#2]

Quoted:
New York City Administrative Code

Chapter 1 - PUBLIC SAFETY

.....................

§ 10-131 Firearms.

.....................

6. It shall be unlawful for any person to possess any ammunition
feeding device designed for use in a firearm except as provided in
subparagraphs (a), (b), (c), (d) and (e) of this paragraph.

(a) Any pistol or revolver licensee or permittee may possess an
ammunition feeding device designed for use in the pistol or revolver
such licensee or permittee is authorized to possess, provided that such
ammunition feeding device is not capable of holding more than seventeen
rounds of ammunition and provided further that such ammunition feeding
device does not extend below the grip of the pistol or revolver.

.....................

thx I saw that but thought maybe it was old. I was looking to find if their was any law capping the mag limit at 10 rd.

Posted: 11/30/2007 4:32:21 PM EDT

[#3]

You could always check the FAQ tacked at the top of the forum

Posted: 11/30/2007 5:17:48 PM EDT

[#4]

Does that mean it's legal to have post ban normal capacity magazines in NYC? Or only preban state legal magazines are allowed?

Posted: 11/30/2007 5:18:17 PM EDT

[#5]

Quoted:
You could always check the FAQ tacked at the top of the forum

thanks for the info, Is that current?

Posted: 11/30/2007 5:51:23 PM EDT

[#6]

Quoted:
Does that mean it's legal to have post ban normal capacity magazines in NYC? Or only preban state legal magazines are allowed?

You still have top abide by the state law.

Basically it means you can't have a preban glock 18 (33 round mag) in your Glock 17 in the 5 boroughs.

Posted: 11/30/2007 5:57:14 PM EDT

[#7]

Hey Jack. As far as I know, that's still the deal. I'll hunt around, but I don't think the pistol mag capacity has changed.

Posted: 12/1/2007 4:25:15 AM EDT

[#8]

Quoted:
Hey Jack. As far as I know, that's still the deal. I'll hunt around, but I don't think the pistol mag capacity has changed.

thanks Vinny, for some silly reason (I think I was told) I thought the city didnt entertain pre-bans

anyway this is great news as I'm going into the city more and more

Posted: 12/1/2007 7:29:17 AM EDT

[#9]

Quoted:

thx I saw that but thought maybe it was old. I was looking to find if their was any law capping the mag limit at 10 rd.

The info I posted was Cut-N-Pasted from the NYS Legislative Bill Drafting Commission website.

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Posted: 12/1/2007 7:31:05 AM EDT

[#10]

Quoted:

Quoted:
Does that mean it's legal to have post ban normal capacity magazines in NYC? Or only preban state legal magazines are allowed?

You still have top abide by the state law.

Basically it means you can't have a preban glock 18 (33 round mag) in your Glock 17 in the 5 boroughs.

Or any mag that extends past the pistols grip frame.

Posted: 12/1/2007 1:51:53 PM EDT

[#11]

Quoted:

Quoted:
New York City Administrative Code

Chapter 1 - PUBLIC SAFETY

.....................

§ 10-131 Firearms.

.....................

6. It shall be unlawful for any person to possess any ammunition
feeding device designed for use in a firearm except as provided in
subparagraphs (a), (b), (c), (d) and (e) of this paragraph.

(a) Any pistol or revolver licensee or permittee may possess an
ammunition feeding device designed for use in the pistol or revolver
such licensee or permittee is authorized to possess, provided that such
ammunition feeding device is not capable of holding more than seventeen
rounds of ammunition and provided further that such ammunition feeding
device does not extend below the grip of the pistol or revolver.

.....................

thx I saw that but thought maybe it was old. I was looking to find if their was any law capping the mag limit at 10 rd.

the above is old
nyc has its own law limiting to 10 rounds. letter were sent out to all permit holders includung retired l/e stating this

Posted: 12/1/2007 3:15:10 PM EDT

[#12]

Quoted:

Quoted:
New York City Administrative Code

Chapter 1 - PUBLIC SAFETY

.....................

§ 10-131 Firearms.

.....................

6. It shall be unlawful for any person to possess any ammunition
feeding device designed for use in a firearm except as provided in
subparagraphs (a), (b), (c), (d) and (e) of this paragraph.

(a) Any pistol or revolver licensee or permittee may possess an
ammunition feeding device designed for use in the pistol or revolver
such licensee or permittee is authorized to possess, provided that such
ammunition feeding device is not capable of holding more than seventeen
rounds of ammunition and provided further that such ammunition feeding
device does not extend below the grip of the pistol or revolver.

.....................

thx I saw that but thought maybe it was old. I was looking to find if their was any law capping the mag limit at 10 rd.

the above is old
nyc has its own law limiting to 10 rounds. letter were sent out to all permit holders includung retired l/e stating this

I had heard something like that but have not been able to find anything on paper saying so. As far as the letter going out, I think thats what retirees got when they retired cause they had LE mags.

do you know where in the law its written ?

Posted: 12/1/2007 3:51:03 PM EDT

[#13]

Just went through a myriad of sources and there is no language capping mags at 10 rds by NYC. The state obviously has it in the assault weapons ban but that grandfathers in pre-bans.

As of now I'm going with the 17 rd / protruding mag limitations that are in the Admiinistrative code of NYC

Posted: 12/1/2007 10:04:32 PM EDT

[#14]

Quoted:
Just went through a myriad of sources and there is no language capping mags at 10 rds by NYC. The state obviously has it in the assault weapons ban but that grandfathers in pre-bans.

As of now I'm going with the 17 rd / protruding mag limitations that are in the Admiinistrative code of NYC

It's 17 rounds not protruding below the grip, that's the current NYC rule for pistols.

Posted: 12/2/2007 5:27:52 AM EDT

[#15]

Quoted:

the above is old
nyc has its own law limiting to 10 rounds. letter were sent out to all permit holders includung retired l/e stating this

I know several NYS residents who have NYC pistol permits. They have never received such a letter from the NYPD pistol licensing division nor AFAIK no such letter has ever been posted in this forum.

I think the original post years ago on a policeone.com message board was misinterpreted when it stated that a retiring NYPD PO was required to dispose of +10 mags in his/her possession. I also don't believe that the NYPD PC has the authority to ban the posession of 11-17 round pistol mags.

Posted: 12/2/2007 7:31:40 AM EDT

[#16]

Quoted:

Quoted:

the above is old
nyc has its own law limiting to 10 rounds. letter were sent out to all permit holders includung retired l/e stating this

I know several NYS residents who have NYC pistol permits. They have never received such a letter from the NYPD pistol licensing division nor AFAIK no such letter has ever been posted in this forum.

I think the original post years ago on a policeone.com message board was misinterpreted when it stated that a retiring NYPD PO was required to dispose of +10 mags in his/her possession. I also don't believe that the NYPD PC has the authority to ban the posession of 11-17 round pistol mags.

Thats what I was thinking of. NYPD retirees receive a letter telling them that their post ban Hi-cap LEO magazines are no longer legal for them and to dispose of them.

Posted: 12/2/2007 7:43:15 AM EDT

[#17]

Perhaps I'm just dense but, does this mean that as a non lEO, I can legally own higher cap magazines for my 10 rd USPC on Long Island, or is this discussion strictly related to retired LEO and NY CITY?

Posted: 12/2/2007 8:49:34 AM EDT

[#18]

Quoted:
Perhaps I'm just dense but, does this mean that as a non lEO, I can legally own higher cap magazines for my 10 rd USPC on Long Island, or is this discussion strictly related to retired LEO and NY CITY?

AFAIK (could be wrong) there are no USPc preban mags available so you are stuck with 10 rd mags unless you're a NYS LEO, Federal LEO or active on duty military.

Posted: 12/2/2007 9:40:40 AM EDT

[#19]

Quoted:
Perhaps I'm just dense but, does this mean that as a non lEO, I can legally own higher cap magazines for my 10 rd USPC on Long Island, or is this discussion strictly related to retired LEO and NY CITY?

Also, once you retire from LE, you are no longer exempt from the NYS penal law. Retired LEO can no longer have hi cap postban mags in NYS.

(ET make myself more clear)

Posted: 12/2/2007 12:07:30 PM EDT

[#20]

Quoted:

Quoted:

the above is old
nyc has its own law limiting to 10 rounds. letter were sent out to all permit holders includung retired l/e stating this

I know several NYS residents who have NYC pistol permits. They have never received such a letter from the NYPD pistol licensing division nor AFAIK no such letter has ever been posted in this forum.

I think the original post years ago on a policeone.com message board was misinterpreted when it stated that a retiring NYPD PO was required to dispose of +10 mags in his/her possession. I also don't believe that the NYPD PC has the authority to ban the posession of 11-17 round pistol mags.

Thats what I was thinking of. NYPD retirees receive a letter telling them that their post ban Hi-cap LEO magazines are no longer legal for them and to dispose of them.

As far as that letter, I have heard the tale as well but my response is the following

1. NYPD does not have the power to make a 17 round magazine illegal for anyone. They are an executive and administrative agency, and not a legislature.

2. Retired MOS are entitled to a pistol permit as a matter of right. Again, NYPD does not have the power to condition permit issuance on disposal of hi cap mags.

3. NYPD *could* condition issuance of pistol permits to civilians on a no hi cap basis, but has not done so.

[ARCHIVED THREAD] - Pre-Ban Pistol Mags in the City

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