New York 30 Round Magazine Ban

[WeaponsCollector]

I want to move to New York just so I can ignore their unconstitutional infringements and then get caught with a "huge stockpile" of 30 round "assault clips".
I will be famous as they talk about me endlessly on the news.

 

[6-Pack]

I would like to get independent confirmation on this, but, the sanctions for possession of a 30 round magazine is classified as a Class D Felony! Below are lesser crimes than being caught in possession of a 30 round magazine.


Crimes NY finds less offensive than owning an empty 30rd magazine (D class Felony)

--------------------------------------------------------------------------------

120.70 - Luring a child | E Felony
121.11 - Criminal obstruction of breathing or blood circulation | A Misdemeanor
125.10 - Criminally negligent homicide | E Felony
130.20 - Sexual misconduct | A Misdemeanor
130.25 - Rape 3rd degree | E Felony
130.40 - Criminal sexual act 3rd degree | E Felony
130.52 - Forcible touching | A Misdemeanor
130.53 - Persistent sexual abuse | E Felony (repeat child molester, must be caught and convicted in two separate cases before the charges even reach this level)
130.65A - Aggravated sexual abuse 4th degree | E Felony
130.85 - Female genital mutilation | E Felony
135.05 - Unlawful imprisonment 2nd degree | A Misdemeanor
135.10 - Unlawful imprisonment 1st degree | E Felony
135.45 - Custodial interference 2nd degree | A Misdemeanor
135.50 - Custodial interference 1st degree | E Felony
135.55 - Substitution of children | E Felony (switched at birth type of thing)
135.60 - Coercion 2nd degree | A Misdemeanor
150.01 - 5th degree Arson | A Misdemeanor
150.05 - 4th degree Arson | E Felony
178.10 - 4th degree Criminal diversion of prescription medications and prescriptions | A Misdemeanor
178.15 - 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony
220.28 - Use of a child to commit a controlled substance offense | E Felony
240.05 - Riot 2nd degree | A Misdemeanor
240.06 - Riot 1st degree | E Felony
240.08 - Inciting to riot | A Misdemeanor
240.10 - Unlawful assembly | B Misdemeanor
240.15 - Criminal anarchy | E Felony
240.20 - Disorderly conduct | Violation
240.61 - Placing a false bomb or hazardous substance 2nd degree | E Felony
250.45 - Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification)
255.25 - Incest 3rd degree | E Felony
263.11 - Possessing an obscene sexual performance by a child | E Felony
263.16 - Possessing a sexual performance by a child | E Felony

Hmmm....an empty 30 round magazine is worse than rape??? WTF!!!

Also, what the hell is "unlawful assembly"? Doesn't 1A guarantee us the right to assemble?

 

[WeaponsCollector]

.... Doesn't 1A guarantee us the right to assemble?

Of course not, the Bill Of Rights doesn't guarantee us anything at all when domestic enemies of the constitution are running things.

 

[MaxVO2]

I want to move to New York just so I can ignore their unconstitutional infringements and then get caught with a "huge stockpile" of 30 round "assault clips".
I will be famous as they talk about me endlessly on the news.

****You will be talked about famously as new meat in a pound you in the ass prison after your sentencing. Good luck affording to move to New York after buying your huge stockpile of 30 rounders at current prices!

The law IS stupid if it actually goes through.. I would like confirmation on all of this as I haven't seen this mentioned anywhere else..

 

[Screwatts]

What if you rape a child in a house you set on fire with a 30 rd mag?

 

[HarCo2ANewb]

So I want to cut out my eyes now but I read the whole law that was passed and did not see any part of it that laid out the penalty for possession of a 11rd+ mag. Does anyone have any info other than what is in the OP?

Just fact checking, not arguing with the absurdity or unconstitutional nature of this asinine law.

Edit: what I did find :

Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E Felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory minimum
sentence for these new Class D felonies is a three and one-half year
determinate sentence, although the court may consider mitigating
factors and impose a lesser sentence in some limited circumstances
involving drug trafficking.

Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under � 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.

Section 32 amends Penal Law � 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.

Section 43 amends Penal Law � 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.


Section 31 adds Penal Law � 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to among or between two or more persons
at least one of whom is not authorized pursuant to law to possess such
firearm.

Edit 2, more Google-fu

Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, criminal possession of a weapon
in the third degree as defined in subdivision five, six, seven [or],
eight, NINE OR TEN of section 265.02, criminal sale of a firearm in the
third degree as defined in section 265.11, intimidating a victim or
witness in the second degree as defined in section 215.16, soliciting or
providing support for an act of terrorism in the second degree as
defined in section 490.10, and making a terroristic threat as defined in
section 490.20, falsely reporting an incident in the first degree as
defined in section 240.60, placing a false bomb or hazardous substance
in the first degree as defined in section 240.62, placing a false bomb
or hazardous substance in a sports stadium or arena, mass transportation
facility or enclosed shopping mall as defined in section 240.63, and
aggravated unpermitted use of indoor pyrotechnics in the first degree as
defined in section 405.18.

Leads to:

S 41-b. Subdivision 8 of section 265.02 of the penal law, as amended
by chapter 764 of the laws of 2005, is amended and two new subdivisions
9 and 10 are added to read as follows:

(8) Such person possesses a large capacity ammunition feeding device.
FOR PURPOSES OF THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING
DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED
BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACI
TY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN
SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR THAT WAS MANUFAC
TURED BEFORE SEPTEMBER THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT
HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO
ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR
(9) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG
TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00
OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR
(10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS ANY
VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.

All bolding/underlining is my own

Still need coffee but that might be the proof, help me out with your eyes, guys and gals

 

[john_bud]

So simple possession of a post 9/13/94 mag of capacity 11 or more is a class D felony (and worse than having your kid sells heroin for you while you watch child porn and commit sexual assault)

I think I'm gonna hurl...

 

[DoubleTap007]

Going to be lots of crime there once they can't arm the police anymore.

 

[Arcamm]

What if you rape a child in a house you set on fire with a 30 rd mag?

They will plea bargain the rape and arson charges if you plead to the "clip" charge. You'll get life with the chance of parole after death.

I'm not sure I even want to go to a state that borders NY, much less Communist occupied NY itself!

 

[Markp]

You might think this was bad, BUT:

§ 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:

(2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm silencer, machine-gun or any other firearm or weapon simulating
a machine-gun and which is adaptable for such use; or

(5) (i) Such person possesses three or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter within the five years
immediately preceding the commission of the offense and such possession
did not take place in the person's home or place of business; or

(6) Such person knowingly possesses any disguised gun; or
(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D
felony.


What if you own an assault closet with 10 or more weapons in it?


A person is guilty of criminal possession of a weapon in the first
degree when such person:
(1) possesses any explosive substance with intent to use the same
unlawfully against the person or property of another; or
(2) possesses ten or more firearms.
Criminal possession of a weapon in the first degree is a class B
felony.


NY has mandatory minimums, a Class B felony, has a MINIMUM time of imprisonment of 1 year (no matter what)!
NY has mandatory minimums, a Class D felony, has a MINIMUM time of imprisonment of 1 year (unless the judge likes you)!


2. Maximum term of sentence. The maximum term of an indeterminate
sentence shall be at least three years and the term shall be fixed as
follows:
(a) For a class A felony, the term shall be life imprisonment;
(b) For a class B felony, the term shall be fixed by the court, and
shall not exceed twenty-five years;
(c) For a class C felony, the term shall be fixed by the court, and
shall not exceed fifteen years;
(d) For a class D felony, the term shall be fixed by the court, and
shall not exceed seven years; and
(e) For a class E felony, the term shall be fixed by the court, and
shall not exceed four years.


(b) For any other felony, the minimum period shall be fixed by the
court and specified in the sentence and shall be not less than one year
nor more than one-third of the maximum term imposed.

So if the court determines you get a 21 year sentence, they can specify the minimum time served as 7 years, and you'll do 7 years no matter what. Just for owning 10 firearms (or more), and the minimum possible sentence is 3 years, of which you MUST complete 1 year for a class B felony.

Class D felony, minimum of one year, unless the judge over-rides it.

 

[Recoil45]

A firearm is not a firearm under NYS law. NYS defines a firearm as things like unregistered pistols, SBS/SBR, or in a few months an unregistered AW.

 

[2ndsupporter]

This needs to get some print or air time. Completely ridiculous. The kicker is that the law exempts curio and relic hi cap mags. They must be less dangerous if you throw them at someone.