PL 265.00(23):
Large Capacity Ammunition Feeding Device

New York Penal Law Section 265.00, subdivision 23 defines "large capacity ammunition feeding device" (LCAFD) 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] This definition is the statutory foundation for the state's ban on high-capacity magazines.

Scope of the Definition

The ten-round threshold applies regardless of the type of firearm the device is designed for. A magazine designed for a rifle, pistol, or shotgun is subject to the same limit. The phrase "can be readily restored or converted to accept" is particularly significant: a magazine that has been modified to hold only ten rounds but can be easily returned to its original higher capacity is still classified as a large capacity device.^[2]

Exceptions

• Attached tubular devices for .22 caliber rimfire ammunition: A tubular magazine that is designed to accept, and is capable of operating only with, .22 caliber rimfire ammunition is not an LCAFD, regardless of its capacity.
• Curio or relic feeding devices: A feeding device qualifies as a curio or relic if it was manufactured at least fifty years before the current date, is capable of being used exclusively in a firearm, rifle, or shotgun also manufactured at least fifty years prior (not including modern replicas), is possessed by a person not prohibited from possessing firearms under state or federal law, and is registered with the Division of State Police.^[3]

The Seven-Round Loading Limit (Struck Down)

The original SAFE Act of 2013 imposed a seven-round loading limit, making it illegal to load more than seven rounds into any magazine, even a ten-round magazine. In 2013, Judge William Skretny of the Western District of New York struck down this provision as an arbitrary restriction that violated the Second Amendment. The Second Circuit upheld that ruling in 2015, and the seven-round loading limit is no longer enforceable.^[4] The ten-round capacity limit on the magazine itself remains in full effect.

Penalties

Possession of a large capacity ammunition feeding device is a Class D felony under PL 265.02(8), punishable by two to seven years in prison.^[5] This classification makes New York one of the strictest states in the nation for magazine capacity violations, as many other states treat similar offenses as misdemeanors. There is no grandfathering provision that permits continued possession of pre-ban magazines exceeding ten rounds.

See also: Large Capacity Magazine Ban (10-Round Limit)