Having 10 rounds in a 10 round magazine?

[freddy]

Is the consensus that NYS tolerates 10 rounds in a 10 round magazine? Or is this true only at a sanctioned gun range type of affair?

The magazine provisions were struck down by Judge Skretny in 2013, and this ruling was upheld by the U.S. Court of Appeals for the Second Circuit in 2015, making it so "gun owners can legally load 10 rounds in a 10-round magazine."

- Wikipedia entry on NY safe act

 

[garyv350]

10 + 1 at all times....

 

[Doc8404]

Freddy?
From Albany?
Is that you Andy?

 

[freddy]

I'm gonna try not to take that personal doc.

 

[Marine Cpl]

What about a factory SKS 10 round magazine that holds 11 due to a worn spring?

 

[Doc8404]

I'm gonna try not to take that personal doc.

Good. Just busting chops man.
The whole "ten round discussion" is wicked old around "here.

 

[99cummins]

10+1 good to go. This dead horse was beaten pretty good in the past.

 

[Uzi]

What about a factory SKS 10 round magazine that holds 11 due to a worn spring?

Or any magazine that is sold as and or labeled a 10 round magazine, legally possessed and shipped and sold by ffls, but will hold more than 10 rounds new or used or modified etc. I'm sure some of us can relate.

 

[Uninformed and Compliant]

If anyone gives you grief about having 10 rounds in the mag, empty 3 of them into their face and call the problem "fixed".

 

[spat]

There was also the case where the judge ruled the cop didn't have probable cause to count them. So unless you were actually arrested for something else, or he watched you load it you'd probably be clear there too.

I don't think that was appealed, so not binding, but useful.

 

[Dr. Evil]

NOOOOOOOOOOOOOOOOOOOOOOOOOOO!

 

[togmaster]

If anyone gives you grief about having 10 rounds in the mag, empty 3 of them into their face and call the problem "fixed".

Dude. You got to lay off the caffeine.

 

[Phauxtoe]

Everyone remember this place has only been around since September, all that 10 round information is at the other place

(Oh I thought it was 7 rounds... the Terrorist has won! FUAC!)

 

[Catskillkid]

Everyone remember this place has only been around since September, all that 10 round information is at the other place

(Oh I thought it was 7 rounds... the Terrorist has won! FUAC!)

Exactly. Besides, there are gun shops I've been at that I heard advise people to only load 7 rounds even at a RANGE!

 

[eagleridge357]

loading 10 is reading too much into the Judge's decision. Play it SAFE when outside the home, load 7 and stay out of jail. That is, unless you are a martyr and out to argue with a cop and prove some point. Cops who have a bad day will give anyone a hard time. Balance the need for 10 against the possible consequences.

 

[nortatoga]

Is the consensus that NYS tolerates 10 rounds in a 10 round magazine? Or is this true only at a sanctioned gun range type of affair?

The magazine provisions were struck down by Judge Skretny in 2013, and this ruling was upheld by the U.S. Court of Appeals for the Second Circuit in 2015, making it so "gun owners can legally load 10 rounds in a 10-round magazine."

- Wikipedia entry on NY safe act

Yes Judge Skretny struck it down and the 2nd Circuit upheld it! But when you do a online search or the latest law book 2016, the law is still on the books! This is not opinion this is what's black and white! Make your own choice?

 

[Marine Cpl]

loading 10 is reading too much into the Judge's decision. Play it SAFE when outside the home, load 7 and stay out of jail. That is, unless you are a martyr and out to argue with a cop and prove some point. Cops who have a bad day will give anyone a hard time. Balance the need for 10 against the possible consequences.

Why should you load 7 to "Play it safe" when a Federal Appeals Court struck it down as unconstitutional?

http://politi.co/1GmHoCI

 

[Doc8404]

I just carry an airsoft instead

 

[Darth]

SAFE act?

Never heard of her.

 

[cgrutt]

Noratoga is spot on. Law still reads no more than 7 despite being overturned and upheld. My personal opinion is the vast majority of LEOs wouldn't care whether you had 10 rounds or 7 but technically you could still be arrested for having more than 7 outside your home or range. That is the law currently on books regardless of the court cases. You'd probably prevail in court but it would be a long expensive process and you'd most likely lose your guns and permit while it is being sorted out. Personally I think the likelihood of that happening for most otherwise law abiding citizens is very low but it is still a possibility. Were all big boys here know the law and make a choice that you're comfortable with.

 

[dsdmmat]

Why should you load 7 to "Play it safe" when a Federal Appeals Court struck it down as unconstitutional?

http://politi.co/1GmHoCI

I can only get 7 in the magazine anyway.....

 

[Cleck]

Everyone remember this place has only been around since September, all that 10 round information is at the other place

(Oh I thought it was 7 rounds... the Terrorist has won! FUAC!)

Also, not all of us were as active over there either. Some of us are still catching up and learning, so it's good to have our own stuff too

 

[Doc8404]

Sorry about my delay in posting. I had to pop one round out of my PPS. She's currently riding with the eight round magazine.

 

[NirvanaFan]

Noratoga is spot on. Law still reads no more than 7 despite being overturned and upheld. My personal opinion is the vast majority of LEOs wouldn't care whether you had 10 rounds or 7 but technically you could still be arrested for having more than 7 outside your home or range. That is the law currently on books regardless of the court cases. You'd probably prevail in court but it would be a long expensive process and you'd most likely lose your guns and permit while it is being sorted out. Personally I think the likelihood of that happening for most otherwise law abiding citizens is very low but it is still a possibility. Were all big boys here know the law and make a choice that you're comfortable with.

I seriously, seriously doubt that a judge would agree to try a case of someone just loading 10 rounds into their magazine. The Sheriff's association advised it's members to only enforce a 10 round limit. The state police association said to enforce a 10 round limit. Even Cuomo said 10 rounds is the law until it's overturned, "The law is what a court says it is until it's appealed and another court says differently." Any lawyer would have a field day with this. There is no way a DA would bring this case against someone.

Before the 2nd Circuit upheld Skretny's decision, Sandra Doorley (Monroe County DA) said, she does not consider the ruling binding and she likely would not prosecute any alleged violations of the magazine limit. Once the 2nd Circuit upheld Skretny's ruling, it became binding upon the entire state. Even before it was upheld, Doorley said that arresting for this could open police up to civil rights violation lawsuits.

My magazines contain 10 rounds, and have for a long time now.

 

[cgrutt]

NirvanaFan, my personal thoughts on the subject are pretty much in line with yours. Like I said in my post I think the possibility of actually being arrested and charged is very low but it is still a possibility and everybody needs to decide for themselves what they are comfortable with. I recently took my RSO training and spoke with instructor about this who is retired NYPD. His opinion was to carry no more than seven rounds. Here is a recent article on this subject (I don't know who author is or his background) but his conclusion was the same.

The State Troopers have been given a directive not to charge anyone with breaking the law for having 8-10 rounds in their magazine. However, that does not mean other law enforcement agencies in the state won’t arrest you, because they can, and the District Attorney won’t bring charges against you, because they can! A Judge MIGHT throw the case out, but who in-their-right-mind would want to take the chance and possibly have to spend time in jail, court, and spend their hard-earned money defending themselves? It is still a law in the books, and until that changes, my advice is to only keep seven-rounds in your magazines, unless you are at the range!

How many rounds, 7 or 10? - PS&Ed

My only point is the regardless of what the courts have ruled the Law as currently written still says no more than 7 rounds. Typically when a law (or part of it) is struck down by a court it is amended by the legislature. That has not happened in this case. You also should keep in mind NY is a large state and the perspective near Albany, NYC, LI, Rockland & Westchester may be much different than in Western or Northern NYS. That goes for the citizens as well as local LE agencies. Everything you said is true. Unfortunately, it's not cut and dry. Just my opinion.

 

[Marine Cpl]

For arguments sake, let's say you fit the description of a perp they are looking for and are searched and arrested for having 10 in the magazine even after the arresting officer had been instructed not to by his superiors.

Now lets just say the District Attorney who knows the law has been stricken agrees to press charges in this highly, unlikely scenario anyway against a Federal judge's orders. You wouldn't even need to hire a lawyer. A public defender or yourself without representation can argue that the law has been stricken via 2 judges.

It wouldn't even make it out of Grand Jury to a trial after the evidence is presented to the jurors. Afterwards, you can sue the arresting agency just like that one officer did after a wrongful arrest for the arresting agency ignoring Federal Leosa laws and like that guy did after being wrongfully arrested for having an AR in California with a bullet button that was legal at the time.

 

[cgrutt]

I'm tired of arguing, in fact that's why I jumped ship more than two years ago, LOL...

 

[Darth]

"We will not comply!"

...


This thread.

:'(

Pathetic.

 

[Marine Cpl]

I'm tired of arguing, in fact that's why I jumped ship more than two years ago, LOL...

Respectfully, you cannot argue with the facts above. There is no way possible you can be convicted of something declared unconstitutional via a Federal Judge that's in writing for all to see.

 

[nortatoga]

This is for everyone to make there own choice! My post above only said what was black and white. Do what you feel comfortable doing!