Anaya Nolan
New York State's gun laws allow individuals to buy, sell, and possess any magazine that can hold up to 10 rounds. Hunters are also subject to these restrictions, with some specific exemptions. For example, a semi-automatic gun used for hunting cannot hold more than six rounds unless it uses .22 or .17 caliber rimfire ammunition, is an autoloading pistol with a barrel length of less than eight inches, or has been modified to hold no more than six rounds in total. Antique guns with magazines that can hold more than 10 rounds can be kept if the gun and magazine are registered using the same process as for assault weapons. This raises the question of whether retired law enforcement officers are subject to the same restrictions as the general public when it comes to possessing 10-round magazines in New York City.
| Characteristics | Values |
|---|---|
| Magazine capacity limit | 10 rounds |
| Magazine capacity limit for hunters | 10 rounds |
| Magazine capacity limit for shotguns | 3 rounds |
| Magazine capacity limit for certain guns before the SAFE Act | 5 rounds in a magazine and 1 round in the chamber |
| Deadline to modify magazine capacity to no more than 10 rounds | January 15, 2014 |
| Antique gun with a magazine capacity of more than 10 rounds | Yes, with registration |
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What You'll Learn
Magazine capacity laws in New York
New York's magazine limit is 10 rounds, and loading a magazine with more than 7 rounds is illegal, even with a CCW permit. However, there are exceptions for certain circumstances, such as hunting, being in one's home, or at a shooting range. The .22 tubular magazine is exempt from the 7-round law.
New York has strict laws regarding magazine capacity. The state defines a "large capacity ammunition feeding device" 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." These laws apply to both private citizens and those in law enforcement, with some exceptions for retired law enforcement officers.
Before the SAFE Act, hunters were limited to having 5 rounds in a magazine and 1 round in the chamber for certain guns. The 5-round restriction only applies to specific types of firearms, such as semi-automatic rifles, shotguns, and pistols with 8-inch or longer barrels.
Currently, hunters in New York are restricted to magazines with a capacity of 10 rounds. This applies to all manually operated rifles, including bolt-action, lever-action, and pump-action rifles. Shotguns used for migratory fowl hunting may be limited to 3 rounds by federal and state regulations.
For those who own antique guns with magazines that can hold more than 10 rounds, it is possible to keep the magazine by registering both the gun and the magazine using the same process as for assault weapons. Large-capacity ammunition magazines lawfully possessed prior to January 15, 2013, may be transferred to authorized purchasers within the state or outside of it, with the transfer reported within 72 hours.
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Gun laws for hunters in New York
Gun laws in New York State place restrictions on the type of firearm, magazine capacity, and location of use for hunters.
Hunters in New York are limited to a magazine capacity of 10 rounds. This applies to all manually-operated rifles, including bolt action, lever action, and pump action rifles. For semi-automatic firearms, the limit is 6 rounds unless the firearm uses .
Before the SAFE Act, hunters were restricted to 5 rounds in the magazine and 1 round in the chamber for certain guns, including center-fire semi-automatic rifles, shotguns, and pistols with 8-inch or longer barrels. The SAFE Act did not change this restriction.
In addition to magazine capacity limits, hunters in New York must comply with specific regulations regarding the type of firearm they use. For example, a muzzleloading firearm is considered unloaded when the cap is off the nipple, the primer is removed, or the primer powder is removed from the flintlock pan. Crossbows must be taken down or unloaded, and a modified crossbow permit is required for hunters with disabilities.
There are also restrictions on where hunters can discharge their firearms. It is illegal to discharge a firearm, crossbow, or bow within a certain distance of public areas such as highways, schools, playgrounds, factories, churches, and dwellings. Hunters must also comply with regulations regarding the transportation of firearms in motor vehicles, ensuring that firearms are unloaded and securely stored when not in use.
To hunt in New York State, individuals must possess a valid hunting license and comply with specific regulations for the type of game they are pursuing. For example, it is illegal to hunt with the aid of bait when pursuing big game, upland game birds, turkey, or waterfowl.
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Antique gun ownership in New York
Gun laws in New York are among the most restrictive in the United States. The state's gun laws regulate the sale, possession, and use of firearms and ammunition. Antique firearms can be purchased and sold in New York, but they must be registered after purchase, even if they would otherwise be considered assault weapons. Antique magazines must also be registered to the antique firearm. This transfer exemption is the only way an ordinary citizen can obtain assault weapons and standard capacity magazines.
In New York, you may buy, sell, and possess any magazine that can hold up to 10 rounds, regardless of when it was manufactured. If you have a magazine that can contain more than 10 rounds, you had until January 15, 2014, to permanently modify the magazine so that it holds no more than 10 rounds, responsibly discard it, transfer it to a law enforcement agency or officer, or sell it to a dealer or out-of-state purchaser.
Antique and replica handguns must be registered to be legally loaded and fired. All firearms must comply with the NY SAFE Act, which bans firearms that it defines as assault weapons, unless they were owned prior to the ban and registered by April 15, 2014. The SAFE Act does not alter the 5-round restriction under the state's Environmental Conservation Law, which applies to center-fire, semi-automatic rifles, semi-automatic shotguns, and semi-automatic pistols with barrels of 8 inches or longer.
New York City has additional restrictions on gun ownership and licensing regulations separate from the rest of the state. For example, NYC requires rifle/shotgun magazines to have a maximum capacity of five rounds and bans the ownership and sale of BB guns, paintball guns, air guns, and pellet guns without a license. The city also limits the colour of guns, banning colours that would make an actual gun appear like a toy.
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Background check requirements for gun sales
In New York, you may buy, sell, and possess any magazine that can hold up to 10 rounds. If you have a magazine that can contain more than 10 rounds, you had until January 15, 2014, to permanently modify the magazine to hold no more than 10 rounds, discard it, transfer it to a law enforcement officer, or sell it to an out-of-state purchaser. Hunters in New York should be mindful of the round limitations for guns used during hunting. You may not hunt with a semi-automatic gun that can contain more than 6 rounds unless certain conditions are met.
Now, regarding background check requirements for gun sales:
Federal law requires background checks to be conducted when a person attempts to buy a gun from a licensed gun dealer to ensure that the buyer is not prohibited by law from owning a gun. These background checks have prevented millions of sales to people with felony convictions or other prohibiting histories. While federal law mandates these background checks, there is a loophole: it does not address gun sales by unlicensed sellers, such as those who sell guns online or at gun shows. This loophole allows individuals with felony convictions, domestic abuse restraining orders, or a history of mental illness to acquire guns without undergoing a background check.
To address this issue, some states have implemented their own background check requirements for gun sales. For example, Texas voters overwhelmingly support strengthening background checks to keep guns out of the hands of individuals with violent histories. However, Texas currently has no state-level requirement for comprehensive background checks when purchasing firearms. This means that individuals can circumvent federal background check requirements by obtaining guns through private sales or gun shows.
To enhance gun safety, it has been recommended that all private sellers in Texas, including those selling at gun shows or online, must conduct background checks through a federally licensed dealer before finalizing a sale, with exceptions for transfers to close relatives. This proposal aligns with the majority of Texans' views and will undoubtedly save lives.
Additionally, organizations like the American Academy of Pediatrics (AAP) advocate for universal background check laws to mitigate the detrimental impact of guns on children and adolescents. They propose measures such as mandatory waiting periods, closing the gun show loophole, and implementing mental health restrictions for gun purchases. Research supports the effectiveness of these measures, showing that states with universal background check requirements have lower firearm homicide and suicide rates and reduced gun trafficking.
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Knife possession laws in New York
New York State knife laws are quite restrictive, and the possession of certain knives is illegal and punishable by law. The laws apply to both concealed and unconcealed knives. Here is a detailed overview of knife possession laws in New York:
Prohibited Knives
- Switchblades: Knives with blades that open automatically using hand pressure, a button, spring, or other devices in the handle are prohibited.
- Metal Knuckle Knives: Knives with blades attached to metal knuckles or similar devices are banned.
- Pilum Ballistic Knives: Knives that use ballistic technology for blade deployment are illegal.
- Cane Swords: Knives concealed within a cane or walking stick are prohibited.
- "Kung Fu Stars": Throwing stars or similar weapons are illegal to possess.
- Dangerous Knives: Any knife can be considered a "dangerous knife" based on judicial interpretation, even without criminal conduct by the possessor.
Size Restrictions
In New York City, it is illegal to possess or carry a knife with a blade longer than four inches, regardless of whether it is visible or concealed. However, there is no size restriction in the rest of New York State.
Exemptions
- Military and Law Enforcement Personnel: Members of the military and certain law enforcement officers are exempt from some knife possession restrictions while on duty.
- Work or Professional Use: Individuals who require knives for their work or professional duties, such as ambulance drivers and EMTs, may be exempt from certain restrictions.
- Hunting: Individuals with a valid license for hunting, trapping, or fishing may possess and carry automatic knives for those specific activities.
Penalties
Possession of prohibited knives or knives over four inches in New York City is generally considered a misdemeanor. Violators may face penalties, including fines or jail time of up to one year, depending on the specific circumstances and the discretion of law enforcement.
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Frequently asked questions
Yes, they can buy, sell and possess any magazine that can hold up to 10 rounds.
They had until January 15, 2014, to permanently modify the magazine to hold 10 rounds or fewer, responsibly discard it, transfer it to a law enforcement agency, or sell it to a dealer or out-of-state purchaser.
You can keep it, but you must register both the gun and the magazine using the same registration process as for assault weapons.
Yes, you may load up to a capacity of 10.
