csmdave wrote:
# In New York state it is illegal to have a magazine that holds more
# than 10 rounds (aren't we lucky?).. I w3ant to get a
# (9mm) and I have a mag I would like to modify. My plan is to cut 2
# coils off the mag spring and insert a block between the mag spring and
# mag bottom. Does this sound workable or does anyone have a better
# idea?
# Thanks.
# csmdave
#
It is not illegal to own a magazine that holds over 10 rounds as long as
it was made prior to the AWB which never expired in NY.
"New York's version of the law is very similar to the Federal version,
but New York's version does not have a sunset provision. According to
the laws of the State of New York, a magazine with a capacity of more
than 10 rounds manufactured after September 14, 1994 cannot be legally
possessed by anyone other than a law enforcement officer. A provision of
the Federal law required the date of manufacture to be stamped on every
newly manufactured "large capacity" magazine. Because that requirement
is no longer in effect, the New York magazine ban becomes potentially
unenforceable except with respect to those magazines manufactured during
the ban and marked according to federal regulations then in effect.
NYS Penal Law � 265.02(6) makes it a class D felony to possess "a large
capacity ammunition feeding device," which is defined in Penal Law �
265.00(23) as "a magazine, belt, drum, feed strip, or similar device,
manufactured after [September 13, 1994], that has a capacity of, or that
can be readily restored or converted to accept, more than ten rounds of
ammunition." Possession of unmarked "large capacity" magazines made
after the sunset of the federal ban thus subject New Yorkers to felony
charges. Police and prosecutors may be able to determine actual
manufacture dates of seized magazines from information not generally
available to consumers, such as the dates of magazine design changes and
parts assembly numbers. The New York ban thus leaves possessors of
unmarked post-ban magazines at risk of felony charges since they may not
know the magazines were manufactured post-sunset and not pre-ban.
However, the prosecution must be able to prove that the subject in
possession of the magazine had knowledge that it was in fact a post ban
magazine."
--
Steve W.