The Ten-Round Limit
Penal Law Section 265.00(23) defines a "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.[1] New York first enacted a ten-round magazine limit in 2000, and the SAFE Act of 2013 retained this restriction while briefly attempting to impose an even stricter seven-round loading limit.[2]
The Seven-Round Loading Limit and Its Invalidation
The SAFE Act originally prohibited gun owners from loading more than seven rounds of ammunition into a ten-round magazine, even though ten-round magazines themselves remained legal to possess. In December 2013, U.S. District Judge William Skretny struck down the seven-round loading limit in NYSRPA v. Cuomo, calling it "an arbitrary restriction" that "could result in pitting the criminal with a fully-loaded magazine against the law-abiding citizen limited to seven rounds."[3]
The Second Circuit upheld Judge Skretny's ruling in 2015, confirming that the seven-round loading limit violated the Second Amendment. As a result, gun owners in New York may lawfully load up to ten rounds in any lawfully possessed ten-round magazine.[4]
What Is Prohibited
The following are prohibited under current law:
- Possession of any magazine, belt, drum, feed strip, or similar device capable of accepting more than ten rounds of ammunition
- Manufacture of large capacity ammunition feeding devices within the state
- Sale, transfer, or importation of large capacity ammunition feeding devices into the state
The statute does not include a grandfathering provision for magazines exceeding ten rounds that were purchased before any particular date. Unlike assault weapons, there is no registration mechanism for pre-existing large capacity magazines. Magazines capable of holding more than ten rounds are simply prohibited regardless of when they were acquired.[5]
Exceptions
Limited exceptions exist under PL 265.20 for law enforcement officers, military personnel, and licensed firearms dealers acting in the course of business. Certain magazines manufactured before September 13, 1994 that were lawfully possessed prior to the 2000 ban have been the subject of legal debate, but the current statutory framework does not recognize any civilian grandfathering exception for large capacity magazines.[6]
Penalties
Possession of a large capacity ammunition feeding device is charged under PL 265.02(8) as criminal possession of a weapon in the third degree, a Class D felony. Conviction carries a mandatory minimum sentence of two years and a maximum of seven years in state prison.[7] This penalty applies regardless of the number of magazines possessed and regardless of whether the magazine is loaded at the time of arrest.
Interaction with Federal Law
There is no federal large capacity magazine ban currently in effect. However, New York's state law applies to all persons within the state, including visitors from states where large capacity magazines are legal. Travelers passing through New York with magazines exceeding ten rounds may be subject to prosecution under state law, even if the magazines are legal in their state of origin.[2]