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: An attached tubular device 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 a ten-round magazine. The federal courts invalidated that loading restriction, and the Second Circuit affirmed that result in 2015. The seven-round loading limit is no longer enforceable, while the ten-round device-capacity limit remains in effect.^[4]

Penalties

Possession of a large capacity ammunition feeding device is a Class D felony under PL 265.02(8). The sentence depends on the applicable Article 70 provisions and the facts of the case, so the felony classification does not establish one automatic prison sentence.^[5][6] There is no general grandfathering rule based only on a magazine's age. The statutory curio-or-relic exception applies only when all of its conditions, including State Police registration, are satisfied.

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