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AR15.COM
9/7/2015 7:42:18 AM EDT
I thought it was ruled that we could load to 10 period. That a judge struck down loading 7/10.
I just found this quote on the "find out what's new for the NYSA" section of the site.


Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds. Magazines may only contain up to 7 rounds regardless of their capacity, unless you are at an incorporated firing range or competition, in which case you may load your magazine to its full capacity.

I was originally checking to see if we were allowed to buy threaded bbl HK45 etc and never found that.
9/7/2015 8:20:25 AM EDT
[#1]

Quoted:


I thought it was ruled that we could load to 10 period. That a judge struck down loading 7/10.

I just found this quote on the "find out what's new for the NYSA" section of the site.



Suspending the requirement that only magazines that can contain 7 rounds or less can be purchased. Going forward, magazines can be purchased that can contain up to 10 rounds. Magazines may only contain up to 7 rounds regardless of their capacity, unless you are at an incorporated firing range or competition, in which case you may load your magazine to its full capacity.



 
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This is what is still open to debate and what recently came up in the Putnam County DA candidates debate.  In theory, the Skretny ruling only applies to the western part of the state covered by the U.S. District Court for the Western District of New York.  The candidates for Putnam DA noted this and said they would hold off prosecution in such cases but it implied it was still the law for the rest of the state.  Basically everywhere outside the ruling area, you are at the good will of the DA not to prosecute you.  That means you are SOL downstate where Nassau and Suffolk would prosecute you in a heartbeat for 8 rounds.

9/7/2015 8:36:06 AM EDT
[#2]
I also believed that if you were found in legal possession of the handgun, LEO cannot count your rounds without a warrant.
9/7/2015 8:49:20 AM EDT
[#3]
How can you allow it at the range and not in the home? So I can practice or be in a match but you can't protect your family with 10rds. Wtf backwards shit is that?
9/7/2015 10:42:34 AM EDT
[#4]


Quote History
Quoted:



How can you allow it at the range and not in the home? So I can practice or be in a match but you can't protect your family with 10rds. Wtf backwards shit is that?
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The entire SAFE act was written by a Bloomberg supported organization.  There was zero input from any pro-gun, or firearm law competent organization, and there were no hearings or debates to vet the legislation.  That is how we got the mess we did and how for a period of time, police officers were prohibited under the law from carrying at schools.  That required "emergency" legislation in March 2013 to fix that problem.  The lack of hearings and debate is also how we wound up with the requirement that ammunition purchases be subject to a NICS check.  That was until the state was told that NICS was not designed to conduct such checks and could only be used for firearms purchases.  The result was the state had to scramble to make its own clone of NICS and we know now how that has worked out.  Had there been hearings, it would have been noted from the get go that NICS checks were not possible.  But since the legislation was rammed through in under 24 hours without anyone really reading it, it is no surprise to see all the stupidity.  Unfortunately the courts, with the exception of "muzzle break" and the seven round limit, have found everything else good to go.  I expect the 2nd Circuit, whenever they finally wake up from their coma, to support Skretny's decision and possibly even reinstate the 7 round limit and "muzzle break" ban.





 
9/7/2015 12:08:30 PM EDT
[#5]
Quote History
Quoted:
I also believed that if you were found in legal possession of the handgun, LEO cannot count your rounds without a warrant.
View Quote


correct this was a big case when the SAFE act was introduced.  A guy was pulled over for a trf infraction and had a CCW, the leo counted the rounds and he had 12 i believe....the courts found they have to have reasonable suspicion to count the rounds which the leo did not...ill see if i can find the decision.


also i believe there is a ruling that within the districts of a circuit if there is not a differing circuit then the ruling applies to all the districts...time to start lookin decisions up lol.
9/7/2015 12:14:30 PM EDT
[#6]
well


“The New York State Police have followed the same sensible path taken by the New York Sheriffs’ Association and many local law-enforcement agencies in not enforcing a capricious, ill-conceived and unconstitutional portion of the NY SAFE Act,” stated NYSRPA President Thomas King in a press release.

http://www.guns.com/2014/03/27/ny-state-police-update-ny-safe-guide-will-enforce-7-round-mag-limit/



A municipal court judge in New York ruled Wednesday that Paul Wojdan’s rights were violated when police counted the number of rounds in his handgun and then charged him with violations under the SAFE Act.


At a traffic stop  Wojdan was found to have 10 rounds in the magazine of his legally owned pistol, in violation of the SAFE Act’s arbitrary seven-round limit.

“In observing the magazine, I did notice there were at least 10 rounds in the magazine,” Barrancotta testified, noting the casings visible through the witness holes. He then emptied the magazine.

“I did count rounds just to confirm our reasonable suspicion that there were more than 10,” Piedmont said.

This discovery led to Wojdan being charged with unlawful possession of an ammunition-feeding device, which carries a fine of up to $200 and a possible imprisonment of up to six months in jail.

Wojdan’s lawyer argued that once the firearm was unloaded, in other words the magazine dropped free of the frame and the chamber emptied, so that the gun could be inspected safely, there was no reason for officers to count the rounds and at that point, it was an unreasonable search.


He was backed up by the September 2013 New York State Police guide to SAFE Act enforcement which states: “Unless there is probable cause to believe the law is being violated, there is no justification for checking a magazine to determine whether or not it contains more than 7 rounds.”


second article
9/7/2015 1:17:24 PM EDT
[#7]
But...ofcourse his firearms have not been returned and a motion had to be filed to get them back.
9/7/2015 8:30:01 PM EDT
[#8]
Last word was the magazine(s) were not to be removed or rounds counted unless involved in a crime.
Last I knew it wasn't a crime to defend yourself, family or stop the commission of a violent felony crime.
Cop's aren't supposed to be "checking" unless again, you and/or your firearm are under suspicion of a crime.
I suspect there are a good many that if forced into deadly force really won't give a damn if the magazine has too many rounds to satisfy .gov
9/7/2015 8:42:05 PM EDT
[#9]
Quote History
Quoted:
Last word was the magazine(s) were not to be removed or rounds counted unless involved in a crime.
Last I knew it wasn't a crime to defend yourself, family or stop the commission of a violent felony crime.
Cop's aren't supposed to be "checking" unless again, you and/or your firearm are under suspicion of a crime.
I suspect there are a good many that if forced into deadly force really won't give a damn if the magazine has too many rounds to satisfy .gov
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Empty it. ...ah yeah I only shot 7
9/7/2015 10:46:59 PM EDT
[#10]
Quote History
Quoted:Empty it. ...ah yeah I only shot 7
View Quote

I like the way you think.


9/8/2015 8:20:22 PM EDT
[#11]
Putnam Co DA debate