Shipping 8 round mag to NY legal question?

No need to cancel, you have up to April 15th to ship mags that hold up to 10 rounds. He doesn't even have to modify the mag, only load seven rounds. Now if he wants to resell it in NY, which isn't your concern, he may permanently alter the magazine to hold seven. That's my understanding, anyway.

You are good to go shipping the 8 round mag to NY. Here is a FAQ on the SAFE 2013 legislation.

Can't blame folks for treating New Yorkers like we have leprosy or something. This is one heck of a mess we have in this state, and it's getting worse and worse. I'm going to a rally on the 28th in Albany, but I believe it is a lost cause.

I'm going to Albany on the 28th because we are gonna' win. A semi-automatic with a ten round magazine isn't a type in common use? Pull the other one.

The gun grabbers have jumped the shark this time and can be beaten all the way back under their rock.

Yup, OK to sell them until April 15. You can use a 8-10 round mag but must load it to 7 except at an incorporated range or at a sanctioned event.
Possession of a 30-round mag will be a class "D" felony, worse than breaking some child exploitation laws. F'ing idiot politicians.
We lost the USPSA Limited category now, the best we can do is Limited 10.

jonnyringo said:

Guy from New York on ebay just bought two 8 round sig P220 mags from me. He say its legal if he puts a spacer in them. I say BS.
Can anyone enlighten me via a website or other document on this matter. I cancelled the transaction.
Thanks.

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If you had actually read it, instead of just calling BS, you would have seen that the 7 round maximum allowed to be sold in NY does not take effect until April 15th. And when the law takes effect, yes, it is legal to "block" magazines.

For what it's worth, by the letter of the law, when it says sold IN New York, that's exactly what it means. Magazines up to ten rounds are allowed to be POSSESSED in New York for competition, as long as they are registered within 30 days. 10-round-capacity magazines can be TRANSPORTED into New York and registered, for example, if someone moves into the state.

I opted to refund his money. Too much legality for me and a 100 bucks is not worth any future politician changing the rules. I appreciate your input but i am going to take THR.

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Someone is paying one hundred dollars for an eight round magazine?

lol buyer info please? =D

jrmiddleton425 said:

If you had actually read it, instead of just calling BS, you would have seen that the 7 round maximum allowed to be sold in NY does not take effect until April 15th. And when the law takes effect, yes, it is legal to "block" magazines.

For what it's worth, by the letter of the law, when it says sold IN New York, that's exactly what it means. Magazines up to ten rounds are allowed to be POSSESSED in New York for competition, as long as they are registered within 30 days. 10-round-capacity magazines can be TRANSPORTED into New York and registered, for example, if someone moves into the state.

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Ahh, I am not sure I am reading what you are saying. Here is my understanding, and I have spent much more time than I had ever planned on going through PL265 and 400 in both their old and new forms:

Mag restrictions (aka LCAFD) - here is the what will go into effect on Apr 15:

(A) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, OR (B) CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION, OR (C) IS OBTAINED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION AND HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT, MORE THAN SEVEN ROUNDS OF AMMUNITION

So, existing pre-ban mags (made before 9/19/94) have to be converted to 10 rounds or less. 10 round mags can still be purchased and moved to NY, until the new law section goes into effect (the part in UC above). After 4/15, any mag that is obtained needs to be 7 rounds or less.

Moving into NY with mags that are 10 rounders after 4/15 would be a risky proposition I think. I would not want to try to defend the fact that I "obtained" the mags outside NY before 4/15 but moved them into NY after that date.

To the OP: please reconsider sending the mags to NY. There is a massive shortage all over right now, and here in NY we may only have a few more weeks to effectively buy all the mags we may own for the forseeable future.

If you are not a NY resident, you have no liability regardless of the date the ban becomes effective.

NY laws do not apply to non-residents who are not physically in the state,.

mbogo

I hope Cuomo gets cought with his pants down like Spizer did, so he can be disgraced & discredited !

mbogo said:

NY laws do not apply to non-residents who are not physically in the state,.

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That is not good legal advice. Lots of state laws have applicability to individuals who are physically outside their borders. There are both state stautory and federal constitutional limits to those powers, often based on a due process, minimum-contacts analysis to see whether the state has jurisdiction over the non-resident. Lawyers spend weeks in law school learning about this complex area.

To be clear, I do not know the answer to the specific question. But the generalized, categorical statement I quoted is oversimplified and will be false in many circumstances.

Folks, it's legal to sell 10-round magazines into New York State until April 15th. All the big retailers and manufacturers are doing it: Midway, Brownell's, Ruger, Smith & Wesson, Beretta, CZ ... Ask me how I know.

Do what you think you have to do, but these people have legal departments that look into this stuff, and they're doing it.

ATLDave,

I'd like a citation or two where a state could reach across state lines to file criminal charges against an indiviidual involved in normal commerce.

State laws end at their borders (unless some compact exists with other states). They may have some impact on a commercial entity, but not individuals.

To wit, California gun laws do not apply to me here in Nevada. Maryland gun laws do not apply to me here. Their tax laws do not apply to me here.

There is no NY gun law that applies to me here in Nevada. Thank God.

mbogo

I recently sold and shipped a 10-round pistol to a guy in Penn Yan, NY. It had two mags total.

Felt sort of fulfilling to help someone out in a state where the 2nd Amendment is being treated like a piñata.

mbogo

That's my understanding as well.

The liability is with the buyer. They should know what's legal to possess, or not.

One thing to consider though. Cuomo/Bloomberg would have no qualm of coming to your state and kidnapping you, taking you back to New York to face prosecution. The straw buying scam in VA shows they only write laws, not follow them.

mbogo said:

ATLDave,

I'd like a citation or two where a state could reach across state lines to file criminal charges against an indiviidual involved in normal commerce.

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THE FOLLOWING IS NOT LEGAL ADVICE: I don't do legal memos on the internet, but allow me to give you a single example that may help you understand. Let's say person A lives in Florida, while persons B and C live in Washington state. Person A enters into a contract to pay person B to kill person C. Person A never enters Washington state. Do you doubt that person A can be indicted and convicted in Washington state?

If person A stays in Florida and never interacts with citizens of other states, he'll never have to worry about other states' laws. Once a person starts engaging in transactions with people or entities in other states, he risks granting those other states jursidiction over him. It is VERY common for civil suits to name out-of-state defendants.

Will putting one item into the mail allow NY state to have jurisdiction over you? Maybe, maybe not. Does the NY statute purport to have grant such jurisdiction? I don't know. A NY lawyer could answer that, but he would probably charge for it. But a basic assertion that laws of one state can never apply to a person in another state is false.

Murder and contract murder are illegal in both Florida and Washington state, so the analogy is invalid. I would like to see an example where an act that is legal in one state and is illegal in another state is actionable in the second state.

According to the 'SAFE Act' http://open.nysenate.gov/legislation/bill/S2230-2013, there is no penalty for shipping a magazine into NYS.
The liability lies with the possessor of the magazine.

mbogo