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Posted: 2/15/2006 4:03:46 PM EDT
Hi
Im selling some Glock hicaps in the EE and someone from NY has expressed more than a passing interest in them. Ive looked around the net and as I understand NY law if the mag is made before 9/13/94 then its OK. Is this correct? If the mag isnt dated then I assume NY would view it as banned. Correct? Before I send them I want to make sure this isnt going to cause problems.
Link Posted: 2/15/2006 5:02:32 PM EDT
Link Posted: 2/15/2006 6:16:09 PM EDT
Thanx very much I appreacite your help!!!
Link Posted: 2/15/2006 6:19:20 PM EDT
I was actualy eyeballing your ad. Yes, the gen 1 ndf mags were made before the ban and legal for sale in NY.
Link Posted: 2/16/2006 1:32:11 AM EDT
This is almost enough to make me wonder if some of my Glock 17 magazines are NY legal. And of the ones that are, who would be interested in buying them.

Almost.
Link Posted: 2/16/2006 3:57:49 AM EDT
Thanks Vinnie, Raptor

Steve 'Cityrepo61'
Link Posted: 2/16/2006 4:22:22 AM EDT
I haven't bought any Glock mags since the ban ended -- what stupid rules, that I commit a felony unless I bring a 20 page feature guide to determine the year the mag was made.
Link Posted: 2/16/2006 4:50:28 AM EDT

Originally Posted By Phil_A_Steen:
I haven't bought any Glock mags since the ban ended -- what stupid rules, that I commit a felony unless I bring a 20 page feature guide to determine the year the mag was made.



Is that true? That the burden of proof is on the accused? Very anti-American!
Link Posted: 2/16/2006 5:10:25 AM EDT
[Last Edit: 2/16/2006 3:38:30 PM EDT by Phil_A_Steen]
.
Link Posted: 2/16/2006 8:52:57 AM EDT
Well, this is making me feel much better...I get to sell mags I no longer use which will also go to a 'good cause'.

One more Q...is there any prohibition for converting a preban mag to a bigger size...as in the Glock +2 florrplate?
Link Posted: 2/16/2006 3:14:39 PM EDT

Originally Posted By Phil_A_Steen:

Originally Posted By maddog_enigma:

Originally Posted By Phil_A_Steen:
I haven't bought any Glock mags since the ban ended -- what stupid rules, that I commit a felony unless I bring a 20 page feature guide to determine the year the mag was made.



Is that true? That the burden of proof is on the accused? Very anti-American!



Yes, it's true. The state only has to prove that you have a mag with >10 round capacity. It's up to you to prove it's preban.



Phil-help me out here-I thought under the Penal Law (Section 25 below) a defendant only has the burden of proving an "affirmative defense" and that an affirmative defense has to be clearly defined as such by statute. I didn't think the "grandfather clause" constituted an affirmative defense because the Penal Law does not declare it to be one.

Thanks!

Penal Law § 25.00. Defenses; burden of proof

1. When a "defense," other than an "affirmative defense," defined by
statute is raised at a trial, the people have the burden of disproving such
defense beyond a reasonable doubt.

2. When a defense declared by statute to be an "affirmative defense" is
raised at a trial, the defendant has the burden of establishing such
defense by a preponderance of the evidence.
Link Posted: 2/16/2006 3:38:19 PM EDT
ACDer, you may be right. Under the old Federal law it would have been different. I'm going to look into this tomorrow.
Link Posted: 2/16/2006 3:59:39 PM EDT

Originally Posted By AssaultPossum:
Well, this is making me feel much better...I get to sell mags I no longer use which will also go to a 'good cause'.

One more Q...is there any prohibition for converting a preban mag to a bigger size...as in the Glock +2 florrplate?



Nope, a preban mag can have more than 10 rounds, so adding an extension is perfectly legal. One caveat is that in NYC you cannot have a pistol mag that protrudes from the bottom of the mag well so no extensions.
Link Posted: 2/16/2006 8:25:13 PM EDT
Great...thanx very much for all the infos
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