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30 rd pre ban mags to NY State

bountyhunter101
Can 30 rd pre ban mags be sent to NY State.
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11 comments

Date Votes
  • competentone
    quote:Originally posted by bountyhunter101
    Can 30 rd pre ban mags be sent to NY State.


    Some have argued that New York State law allows "pre-1994" (pre-Federal ban, now expired) magazines to be imported into the state. My wife, the lawyer, read New York state law, while she is not licensed to practice law in New York -- and can't offer any legal opinions about their laws -- she wasn't comfortable enough with the wording of their "ban" laws to say I should ship a pre-1994 "high"-capacity magazine there. (While there were no markings on the magazine showing its date of manufacture, I know it was pre-1994 because I had personally purchased it prior 1994.)

    The law did seem to make it pretty clear that an FFL within New York state could receive "high"-capacity magazines. Since I was shipping a firearm to the FFL anyway, I included the "high"-capacity magazine and let the FFL make the decision about whether or not it was legal for him to transfer it to the rifle buyer.
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  • nmyers
    If you have the original sales receipt for the mags, you should be comfortable shipping them to NYS.

    Otherwise, I don't know..... NYS laws are obtuse & confusing. I would not blame anyone who said, "I'm not taking any chances." No one has ever been prosecuted for violating another state's magazine laws, but I don't want to be the test case.

    Neal
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  • Spider7115
    Yes for now but Cuomo wants to prohibit the possession of all hi-cap mags, including pre-ban.
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  • bountyhunter101
    Thanks guys. I finally called a shop in NY. He said not a good idea since they were military mags. Seems that anything military or police issue isn't allowed. Can't tell the difference between them & any other mag. Don't ya just love these communists.
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  • SwanKong
    Isn't the DOM of the firearm the decider here?...
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  • tsr1965
    Lets not forget, that if they are military issue, there iis also military surlpus. I have a whole stock pile of pre-ban made for military LaBelle made, 30 round magazines.

    There is nothing in the law, lawyer read, or not, that prohibits the sale of legit pre-september 1994 magazines, that are high capacity to NY. I have even went as far to ask law enforcement, at the state level. You might get an arse wipe of a DA, try to make it an issue, but then again, they are just lawyer's.

    Best

    EDIT 1

    quote:So you're saying "law enforcement, at the state level" are giving legal opinions?


    That is what I said, is it not? I asked shortly the NY AWB was enacted, when I had to call Albany about a handgun issue, as we all have to have permits here in NY, to possess a handgun. It was not their opinion, either, it was their interpretation, just like your lawyer's, just that they are the ones who enforce it.

    I might also add, untill you have lived the laws here in NY, in the firearms retail business, please do not act like you are an authority on it from another state.
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  • cpermd
    quote:Originally posted by bountyhunter101
    Thanks guys. I finally called a shop in NY. He said not a good idea since they were military mags.


    WTH??

    Going to have to have more than some gunshop commandoes word on that.
    Show the statute please.
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  • nmyers
    I agree with TSR; the NYS definition of "high capacity magazines" makes no mention of "military" or "police".

    And, prior to the ban, there was no difference in military or civilian M16-type magazines. The only markings were on the floor plate, & these were always the same for Colt contract mags, &, I assume, other contractors.

    M16 mags are still current issue, so there's no such thing as "milsurp" M16 mags. There are only commercial mags, & stolen military mags, but, for the reasons above, I can't tell the difference.

    Neal
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  • competentone
    quote:Originally posted by tsr1965
    I have even went as far to ask law enforcement, at the state level. You might get an arse wipe of a DA, try to make it an issue, but then again, they are just lawyer's.



    So you're saying "law enforcement, at the state level" are giving legal opinions?
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  • competentone
    quote:Originally posted by tsr1965
    Lets not forget, that if they are military issue, there iis also military surlpus. I have a whole stock pile of pre-ban made for military LaBelle made, 30 round magazines.

    There is nothing in the law, lawyer read, or not, that prohibits the sale of legit pre-september 1994 magazines, that are high capacity to NY. I have even went as far to ask law enforcement, at the state level. You might get an arse wipe of a DA, try to make it an issue, but then again, they are just lawyer's.

    Best

    EDIT 1

    quote:So you're saying "law enforcement, at the state level" are giving legal opinions?


    That is what I said, is it not? I asked shortly the NY AWB was enacted, when I had to call Albany about a handgun issue, as we all have to have permits here in NY, to possess a handgun. It was not their opinion, either, it was their interpretation, just like your lawyer's, just that they are the ones who enforce it.

    I might also add, untill you have lived the laws here in NY, in the firearms retail business, please do not act like you are an authority on it from another state.




    >> 2. Any person who transports or ships any machine-gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony.<<

    http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.10




    The definition of "Large capacity ammunition feeding device" is:

    >>23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition;<<

    http://codes.lp.findlaw.com/nycode/PEN/THREE/P/265/265.00


    The question is whether the date "September 13, 1994" was intended to simply "grandfather" existing magazines already in the state, or whether it was meant to allow the importation into the state of magazines manufactured prior to that date.

    If we don't get a national ban on the magazines that roughly matches New York's, I expect there will be test cases, or legislation, that will settle the question.

    While I think New York's laws (along with a lot of national laws) are disgusting violations of Constitutional rights, I personally am not willing to put myself into a position where I might become a "test case" over such laws. I have more important battles to fight; fighting with the loser-socialists that New Yorkers have chosen to represent them isn't on my "to-do" list.

    I do reserve the right to express my opinions on New York laws. Your comments suggesting that only someone who has "lived [with] the laws here in NY," or been "in the firearms retail business" is somehow "more expert" than others outside your state reading your laws is nonsense.
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  • competentone
    There is a reason large companies (who have their own legal departments) that sell "high-capacity" magazines do not ship them to New York State even if they have magazines they know are "pre-ban."
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