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AR15.COM
9/28/2011 4:44:01 AM EDT
In short, my question is whether or not-high capacity magazines (post ban) can be shipped to me (NY), from a private citizen in a legal state (FL), with the one caveat that I am a Law Enforcement Officer clearly defined in section - New York Criminal Procedure - Article 2 - § 2.10 Persons Designated as Peace Officers.

I have provided the following statutes to see what you think.

NYS Penal Law Section - 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.
 2. Any person who transports or ships any machine-gun, firearm
silencer, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more
firearms, is guilty of a class D felony.

NYS Penal Law Section - 265.20 Exemptions.

 a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.


I am thinking this is legal, but don’t know if there are rules on how this would have to be done.
I would imagine that the USPS will ship as they’re rules state that only a “firearm” cannot be shipped.
I feel that most internet vendors have a blanket statement about not shipping to NY as a general “play it safe rule” regarding trying to verify who really is LEO’s. This would be a nightmare for them.

I bought several “post ban magazines” while at a gun show in FL and did not want to deal with any airline problems. So I left them with a friend in FL to be shipped.
9/28/2011 4:52:50 AM EDT
[#1]
I would just box them and ship to you , its your responsibility to follow your state laws
and no one has ever asked me whats in the box.
9/28/2011 6:01:46 AM EDT
[#2]
It's my understanding that all shippers are required to ask what's in the package. I guess the answer is "assorted magazines" LOL
Just did not want my friend to get nervous etc...
9/28/2011 7:54:02 AM EDT
[#3]
shall not apply to:
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.


what does section 2.10 say. It may define Peace Officer for this section as "for duty only" or something.
9/28/2011 1:32:19 PM EDT
[#4]
It merely lists all New York State and Local Departments that are classified as "Peace Officers".
It was too long to cut and paste, but here is a link.

http://law.onecle.com/new-york/criminal-procedure/CPL02.10_2.10.html

Thanks!