New York prohibits the manufacture, transportation, disposal and possession of any large capacity ammunition feeding device that can hold more than ten rounds of ammunition.1
There are exceptions to this prohibition for “an attached tubular device designed to accept, and capable of operating only with .22 caliber rimfire ammunition or a feeding device that is a curio or relic.”2
legacy provision for Previously Legal Magazines
Prior to the passage of the SAFE Act in 2013, New York allowed those in possession of a large capacity ammunition feeding device made before September 13, 1994 that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition to continue to possess those ammunition feeding devices. The SAFE Act eliminated this legacy provision.
However, someone who has a reasonable belief that these are allowed to possess such a device, but who surrenders his or her device within 30 days of being notified of their illegality is not criminally liable.3
Transfer and Registration
New York law provides that large capacity ammunition magazines lawfully possessed prior to January 15, 2013, may only be transferred to a purchaser in the state who is authorized to possess them, or otherwise may only be transferred outside of the state. If transferred outside the state, the transfer must be reported to the registration system within 72 hours. An exception exists, however, that allows an individual to transfer a lawfully possessed pre-ban large capacity magazine within one year of January 15, 2013. An individual not complying with this provision is criminally liable for a Class A misdemeanor.4
A feeding device that qualifies as a curio or relic may be transferred. However, the transfer must be processed through a licensed dealer, who must conduct a background check of the transferee. Curios or relics that are transferred into the state from outside the state must be registered within 30 days.5
Registrations of large capacity ammunition magazines are transferrable. However, the state must confirm that the transferee is not a prohibited person. Registrations must be recertified every five years.6
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- “Large capacity ammunition feeding device” is defined 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.” N.Y. Penal Law §§ 265.00(23); see also 265.02(8), 265.10. As originally drafted, the 2013 SAFE Act would have prohibited the loading of a magazine with more than seven rounds of ammunition. See N.Y. Penal Law § 265.37. However, this provision was struck down in a court decision that otherwise upheld the SAFE Act. New York State Rifle & Pistol Ass’n v. Cuomo, 804 F.3d 242, 264 (2d Cir. 2015.
- N.Y. Penal Law § 265.00(23). A “feeding device that is a curio or relic” is a device that: 1) was manufactured at least 50 years before January 15, 2013; 2) is only capable of being used exclusively in a firearm that was manufactured at least 50 years prior to January 15, 2013, but not including replicas thereof; 3) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm; and 4) is registered with the Division of State Police pursuant to New York law.
- N.Y. Penal Law § 265.36.
- N.Y. Penal Law § 265.00(22)(h).
- N.Y. Penal Law § 265.00(23).
- N.Y. Penal Law § 400.00(16-a).