Sorry, I searched, and I went to the NYSP website, but it's not longer there, so I'm going to ask here:



Can you still sell >10 rnd mags privately to another NYS resident at this time?  

Yes Sir in NYS we have until 4/13/2013 to acquire all the 10 round magazines we will ever need please help us!

I'm not asking about 10 round mags, I"m asking about 20 & 30 round mags. . . the ">" symbol means "more than". . .





 

No you cant, only 10 round mags untill April 13, 2113. You can only sell that out of stste at this time.

Ok, I did download the statute, and I went back to read it. . . this section is now making me think I can sell them until next year:







 
 

I wouldn't do it. A lot of places aren't even shipping 10 round mags to NY and no one will ship 20 or 30 round mags at all.

The amendment to 265.00 (22) (Section 37) took effect immediately.  It reads, in part: "An  individual  who  transfers  any  such weapon  or  large capacity ammunition device to an individual inside New York state or without complying with the provisions  of  this  paragraph shall  be  guilty  of  a  class A misdemeanor..."

The definition of LCAFD changed immediately too as to subsection (a) of 265.00(23) it's plausible that the pre-ban fall into this prohibition.

Prolly not worth it...

FYI there is an exception in the law for mags over 50 years old- for example ww two era m1 carbine mags

The way it reads is that a transfer within NYS would be ok, but it would be on the new owner to have them out of state or destroyed by years end. I'm no lawyer, but I have stayed at a Holiday Inn.

Eta. I'd avoid doing this if it were me, but ymmv.

You think that is consistent with the language I posted above...?  I'm like 70/30 against that personally...

EMS: did you see my posting of this section of the statute above?  You left out the last part. . .



unless such large capacity ammunition feeding device. . . .
is transferred within one year of the effective  date of the chapter of
the laws of two thousand thirteen which added this paragraph.





 

For the rest of your life.

how can NYS have jurisdiction over an individual outside of state boundaries?

If you look at 265.02(8) which takes effect 60 days from signing, you are only exempt from prosecution under the statute if you possessed the pre-94 11+ mags before the effective date of that section.  Penalty is a Class D Felony.  So that would at least put a timeline on this of March 15 ish, if transferring them is otherwise legal?

265.36 is the companion that covers mags lawfully possessed prior to the effective date (60 days again) and makes it an A Misdemeanor.  

Together these are in tension with 265.00(22)'s allowance of a 1 year period...

Maybe try to break this down a little for myself...

(H) ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
   4  ANY  LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
   5  BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF  THE  LAWS  OF
   6  TWO  THOUSAND  THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
   7  EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS  SUCH
   8  WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
   9  ANY  SUCH  TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
  10  BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN-
  11  TY-TWO HOURS OF SUCH TRANSFER. AN  INDIVIDUAL  WHO  TRANSFERS  ANY  SUCH
  12  WEAPON  OR  LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
  13  YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS  OF  THIS  PARAGRAPH
  14  SHALL  BE  GUILTY  OF  A  CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
  15  AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS  MADE  ILLEGAL  BY
  16  THE  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA-
  17  GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP-
  18  TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.

1)Subject: a-"e" weapons, b-"f" weapons and c- LCAFD legally possessed before 1/15/13.
2)What can you do with c?: Only sell to authorized purchasers in-state or entity out of state.
3)Penalty: If you sell inside NYS or blow off the reporting requirement - Class A Misd.
4)Exception- Reading A) You can sell in the state for 1-year; Reading B) Possession is made immediately illegal by this statute (265.00 (22)(H)), you must sell in compliance with line 2 within 1 year.

This statute is providing the exemption for mags that were legally owned on 1/14/13...I think at best there might be a window to make the sale between 1/15/13 and 3/15/13 but then the new buyer wouldn't be availed of the 1 year grace period and would have to dispose of them or face the penalty of 265.36?

But then again, the effective date of the 265.00(23) section is also in question.  They say the changes to paragraph "a" take effect immediately, except they didn't change paragraph "a" they changed the phrase prior to the lettered list, so as it stands, pre-94 mags aren't LCAFDs until that whole section takes effect in 90 days...except its such a glaring mistake that I don't want to rely on it...

I'm at the point where this whole thing is so FUBAR'ed I think the best thing to do is just to try to divine legislative intent and lump the mags in with what they did with the assault weapons.  Just due to the mistakes and contradictions and poor language I don't know if we can know what is legal and what is not.

"Section 20.20 Geographical jurisdiction of offenses; jurisdiction of state" generally, but I think we are talking in-state sales here...

They don't have any jurisdiction. No one has ever been prosecuted for an act that is legal in the state they were in at the time. No one on this forum has ever been able to prove otherwise.

What does it matter if it's legal in the other state?  The whole point is that it concerns the laws of New York.  New York doesn't need to concern itself with the statutes of another state.  You really still have no idea what you are talking about.

EMS: thanks for taking the time to try and part the veil. . . lol. . . clear as mud!  I edited my EE ad to say no sale to NYS residents, citing the non-clarity of the statue and taking the advice of you and others. . . and I also denied the interested party (from NY) the sale, . . . his join date was only in December. . .
 

Yeah, I'm sorry I can't give you something more authoritative, but in the presence of such ambiguity I hope everyone here can just stay out of the headlines for now...

the law is written that anyone caught selling a mag to an NYer from out of state is guilty of a Class A Misdemeanor. My question is how on earth can they prosecute someone conducting an online sale?

They can, it's complicated, if it happens it will probly be the result of a sting operation or in connection with a crime eventually committed with the mag.

States can exercise extraterritorial jurisdiction, though for a variety of reasons it is rare it is still possible.  The statute is CPL 20.20, but it's just as much fun as reading the SAFE Act.  You could write a 2 volume book about the statute itself and not work out all of the relevant issues.  Point is, it is rare, but possible.  And as long as a portion of the crime is "consummated" in New York either by the principal or by way of an accomplice situation, the laws of the other state don't matter (ie. if you went to PA and bought a PMAG and brought it home, the seller is probably not committing a crime, my cursory reading of 20.30).  Most often it is invoked in drug running operations and governmental corruption and fraud.

If your question was a practical one, my thought is that it would be difficult and probably not worth anyone's time.  I would just be worried about running into a sting operation with a DA looking to make a name for themselves or if your mag ended up in a public incident and you had the press pushing for someone to blame.  Online is anonymous only to a certain extent, you know very well how they like to hold up a baby killing gun/magazine and proclaim victory.

It's never happened. There is a make-believe lawyer here who says it can happen, but he has no proof . NY juristiction stops at it's borders, period.

The statute is quoted.  Even if you believe that it doesn't apply to these facts, your statement is patently false and purposefully misleading.

You still can't show where NY prosecuted someone from beyond it's borders for mail order sales. You are patently full of shit.

Show me where I can search prosecutions and I'll be happy to do it for you.

All I'm asking you to do is back up your bullshit or STFU.

I have in very significant ways, but not to your satisfaction for whatever reason, probably because you don't understand that in the scheme of things a prior prosecution really doesn't mean much except that the theory is on some level sound as judged by other people of similar education.  There are other ways to lend credibility to a theory of law which include such things as the plain language of the statute and finding conceptual and factual parallels in cases that HAVE been prosecuted and come under scrutiny of appeal. Those examples I have provided to you willingly, you don't like them because they involve Widget X instead of Widget Y which is a rather inconsequential fact as the other concepts line up rather nicely.  I'm not trying this case arrest to appeal, I'm just demonstrating that prosecution isn't barred by the plain language of the statute and that the theory has been employed in similar situations.  I don't think you can really get a better picture than that from anyone without some serious research.  Not every topic has a case on point, if that was what was required, we wouldn't really ever get much of anywhere.

New York cannot, and never has prosecuted someone from beyond it's borders for a mail order sale. Now go to bed junior, you are sleepy and starting to ramble.

How do you know this?

Does mommy know you are still up?

Enough, meet me here to end this: http://www.ar15.com/forums/t_1_130/1441375_.html&page=1

In otherwords, your constant whining to the mods, trying to ban people who don't buy your fake lawyering has has got you nowhere, so you throw down a challenge?

You want to make an argument that has some merit, you are welcome to do it, I would really like some additional perspectives on the issue.  Take the personal BS to the other thread please.