Machine Shop

NY SAFE Act Magazine Capacity: Legislative Rewrites

I AM NOT A LAWYER.

Some concerted rummaging reveals the source of the enigmatic reference “ch 1/2013 § 58” in the previous post to be part of Senate Bill S2670D-2013 and Assembly Bill A3007D-2013:

  • Passed by the NY Senate: 27 March 2013
  • Passed by the NY Assembly: 28 March 2013
  • Signed by Governor Cuomo: 29 March 2013

This legislation (seems to) change the definition of a large capacity ammunition feeding device by making sections (b) and (c) “not effective”:

S 4. Subdivision b of section 58 of chapter 1 of the laws of 2013 amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses, is amended to read as follows:

b. The amendments to subdivision 23 of section 265.00 of the penal law made by section thirty-eight of this act shall take effect on the ninetieth day after this act shall have become a law, except that the amendments [made to] DESIGNATING paragraph (a) of subdivision 23 shall take effect immediately; AND PROVIDED FURTHER THAT THE EFFECTIVE DATE OF THE AMENDMENTS ADDING PARAGRAPHS (B) AND (C) TO SUCH SUBDIVISION SHALL BE SUSPENDED AND NOT EFFECTIVE;

Note that the asterisk leading to that footnote in the previous post seemed to apply to only section (b), not (c).

I cannot find the text defining the amendments to section (a), but if that part stands as written, then the definition of a “large capacity ammunition feeding device” reduces to:

23. “Large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device, that
(a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition

S2670D-2013 / A3007D-2013 redefined unlawful possession based on the actual number of rounds in the ammunition feeding device, rather than its maximum capacity:

S 2. Section 265.37 of the penal law, as added by chapter 1 of the laws of 2013, is amended to read as follows:

S 265.37 Unlawful possession of certain ammunition feeding devices.

It shall be unlawful for a person to knowingly possess an ammunition feeding device [that such person lawfully possessed before the effective date of the chapter of the laws of two thousand thirteen which added this section, that has a capacity of, or that can be readily restored or converted to accept more than seven but less than ten rounds of ammunition,] where such device contains more than seven rounds of ammunition.

If such device containing more than seven rounds of ammunition is possessed within the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a violation and subject to a fine of two hundred dollars, and for [a second] EACH SUBSEQUENT offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars and a term of up to three months imprisonment. If such device containing more than seven rounds of ammunition is possessed in any location other than the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars and a term of up to six months imprisonment, and for [a second] EACH SUBSEQUENT offense, be guilty of a class A misdemeanor.

S2670D-2013 / A3007D-2013 does not, however, amend NY PL 265.36, so the penalty for possession of a large capacity ammunition feeding device, as defined in PL 265.00 Section 23, remains intact.