Ny Shotgun Magazine Law
- Colorado Shotgun Magazine Law
- California Shotgun Laws Magazine Capacity
- New York State Gun Laws Magazine Capacity
- Legal Shotguns Ny
As New York Gun Lawyers we are aware that New York has a ban on possessing firearms magazines that are capable of containing more than 10 rounds. However, not everyone is as aware of the gun laws as they should be and this week two different cases in two opposite ends of New York State demonstrated how serious these cases are and how the right representation can make all of this difference in the world.
As was widely reported in the paper last week (see another article here) a former Army veteran who spent more than 9 years in the army was convicted of three felonies in Niagra County in far western New York, after he was found to be in possession of three magazines for a Glock 9mm handgun. Each of the magazines was capable of holding more than 10 rounds of ammunition. The Army veteran did not possess any firearm, only the magazines. He is awaiting sentencing in two months according to the reports and faces up to 21 years in prison.
Meanwhile, in far Northern New York, on the same day that the veteran was convicted a man was being arrested and charged for bringing two handguns that were illegal in New York along with two high capacity ammunition feeding devices across the Canadian border in New York. This man possessed both the firearms and the high capacity magazines, also for a Glock pistol (albeit for a different model). Within a period of a week, the individual in Northern New York had the gun charges dismissed and had the high capacity magazine charges reduced to two counts of disorderly conduct. He paid fines totaling $500 a state mandated surcharge of $125 and the record of the arrest and conviction were sealed.
These two cases, which played out over the same period starkly illustrate what criminal defense lawyers already know; that there can be tremendous disparities in the way cases are handled from county to county and court to court but also the difference that can be made by hiring the right criminal defense lawyer.
Every case is an individual and we will never know why these two cases had such disparate results. The number of factors that go into the decisions being made by prosecutors and judges is probably approaching infinite. However, the decision that an individual makes in choosing the right attorney for a particular case and also have very significant and far reaching effects and also lead to very disparate results.
There are many lessons that can be learned from these two cases. Clearly, one must know the gun laws of all the states that they are travelling through with a firearm, a magazine or even a single round of ammunition. Especially when traveling in States such as New York and New Jersey. In addition, if a gun owner finds themselves charged with a weapons related offense of any kind they should endeavor to find an attorney that knows the law, knows the Courts and has a proven track record for obtaining exceptional results for their clients.
Page 1 of 2 - Shotgun magazine capacity and legality in NYS - posted in Open Firearm Discussions: I just have a simple question for the NYS residents who live outside the borders of NYC. Is it legal to add an extended magazine tube to a shotgun which say comes from the factory with a 5 round tube? The extended tube is US made, which should be 922r compliant, and will increase the shotgun. Even after allowing the sale of 10-round magazines, New York’s law would still be among the strongest in the country. Only three other states — California, Hawaii and Massachusetts — and the District of Columbia have a 10-round magazine limit, according to the Law Center to Prevent Gun Violence.
We have received many inquiries as to the CompMag being used in New York. Recently we have had Peter E. Brill from Brill Legal Group, one of the top firearms attorneys in New York, do a legal analysis of our products. His analysis can be found below. Please read it. Unlike Peter, I am not an attorney. I cannot give legal advice, but I will give you a quick summary of NY law and how I understand it pertains to our products.
Colorado Shotgun Magazine Law
The CompMag was originally designed to be a 'fixed magazine' in accordance with California law. California law states that to have a fixed magazine you must break the action of the firearm to remove the magazine. This is solved for California by screwing the magazine in from inside of the firearm. One must break the action and loosen the screw to remove the magazine, making your rifle compliant in California.
New York law is different. It states that you cannot have the 'ability to accept a detachable magazine'. 'Ability' means having the capacity or the physical ability to accept a detachable magazine or switch one magazine out for another. Therefore, just screwing it in from the inside or breaking the action to remove the magazine is not enough to comply with N.Y. law. The ability is still there. For New York compliance you will need to take installation of your CompMag a step further, making your CompMag 'permanent' and removing the ability.
The easiest and most inexpensive way to do this is to simply apply epoxy over the screw in the top of your CompMag so it cannot be removed. This is the method that has been approved by our NY firearms attorney. This analysis can be found below. The epoxy should be applied once the CompMag is installed and checked for functionality. Epoxying over the screw 'permanently' attaches the CompMag into your firearm and removes the ability of your firearm to accept a detachable magazine. If you do not have epoxy, a single use packet can be found on our website HERE.
There are also other ways that companies in New York have come up with to “permanently attach” the CompMag into your firearm to meet this New York criteria. You are free to use them instead of epoxying the screw on the magazine. One solution for the AR-15 is the 'Safe Mod' by All Star Tactical. This inexpensive device disables your mag release. This is available on our website HERE. Another is the AR-15 Magazine lock from D.D.'s Ranch. This replaces your whole mag release. This is available on our website HERE.
Once 'permanently attached' according to N.Y. law, the CompMag is an ideal loading and unloading solution for your AR-15, AR-10, or AK-47 and allows you to keep your features.
If you are unsure if your particular firearm is compliant or not, I would check with your local N.Y. gun store or firearms attorney as to what needs to be done for your specific compliance. I hope this helps, Thank you.
IMPORTANT NOTE: If you are using an external locking device on an AR-15 that disables the magazine release with a screw, do NOT tighten it down enough to squeeze the CompMag. Squeezing the CompMag with the magazine catch will result in rounds not being able to pass through the magazine. Always check functionality of the firearm and the ability for rounds and the follower to move through the magazine BEFORE using the epoxy to seal the screw.The CompMag is not compatible with the Mean Arms MA Lock as it squeezes the CompMag and may prevent it from functioning properly.
California Shotgun Laws Magazine Capacity
New York State Gun Laws Magazine Capacity
Legal Analysis of the CompMag for N.Y. Compliance.