How Many Rounds in Magazine

[hunter]

Has this question ever been answered for sure? How many rounds can you carry in your pistol magazine? Just got a new one and it came with 9 and 8 round magazines but I'm not sure what this miserable safe act requires. I heard a judge in the western district ruled 10 but was told eastern district might not agree. Does anyone know? Lawyers, Law enforcement? Thanks for any help.

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[Jeremy K]

It's crazy that we still can't even get a clear answer on something so simple. This state is a joke ,and yet the idiots will continue to vote the POS back in office.

[Steve D]

Originally they tried to ban the ownership of 10 round magazines all together. When they found out no one manufactures 7 round magazines they limited the amount that can be in a 10 round magazine to 7 unless you are at a range. I doubt it is ever enforced but who knows. To be on the "safe" side I carry 7.

A few days ago, a judge in NY upheld the NY Safe Act as constitutional, except for the 7 round magazine limit.

"Governor Andrew Cuomo stated in a video that the ruling is now law, meaning that a citizen of NY with a pistol permit may now carry up to 10 rounds in their magazine again unless the ruling is overturned down the road. At least that is our interpretation of his comment.The federal judge in Buffalo last Tuesday ruled that most of the so-called SAFE Act adopted a year ago is constitutional, rejecting most of the arguments made by gun-rights groups in their lawsuit against the state. The judge, however, said the state’s seven-bullet limit in a magazine is “arbitrary” and shot it down.Now the sides are planning appeals.

“It’s going to be appealed. I think it was good the law was upheld. But I’m sure there are going to be appeals,” Cuomo, the former state attorney general, told reporters.

Cuomo said he believes the seven-bullet limit would be restored on appeal. The law only allows seven bullets to be loaded in a 10-bullet magazine.

He said the state had a 10-bullet limit before last year’s law, and New York City has a five-bullet limit for some firearms, he said.

“If you’re going to throw out this limit, you are going to have to throw out all the limits,” Cuomo said.

Still, Cuomo indicated that the judge’s ruling on the seven-bullet limit is now the law, unless it overturned. The case may make its way to the U.S. Supreme Court.

 

[hunter]

Thank you

[TACC]

That would be great if it went to SCOTUS, but doubtful they will taking it.

Originally they tried to ban the ownership of 10 round magazines all together. When they found out no one manufactures 7 round magazines they limited the amount that can be in a 10 round magazine to 7 unless you are at a range. I doubt it is ever enforced but who knows. To be on the "safe" side I carry 7.
A few days ago, a judge in NY upheld the NY Safe Act as constitutional, except for the 7 round magazine limit.
"Governor Andrew Cuomo stated in a video that the ruling is now law, meaning that a citizen of NY with a pistol permit may now carry up to 10 rounds in their magazine again unless the ruling is overturned down the road. At least that is our interpretation of his comment.The federal judge in Buffalo last Tuesday ruled that most of the so-called SAFE Act adopted a year ago is constitutional, rejecting most of the arguments made by gun-rights groups in their lawsuit against the state. The judge, however, said the state’s seven-bullet limit in a magazine is “arbitrary” and shot it down.Now the sides are planning appeals.

“It’s going to be appealed. I think it was good the law was upheld. But I’m sure there are going to be appeals,” Cuomo, the former state attorney general, told reporters.

Cuomo said he believes the seven-bullet limit would be restored on appeal. The law only allows seven bullets to be loaded in a 10-bullet magazine. He said the state had a 10-bullet limit before last year’s law, and New York City has a five-bullet limit for some firearms, he said.

“If you’re going to throw out this limit, you are going to have to throw out all the limits,” Cuomo said.

Still, Cuomo indicated that the judge’s ruling on the seven-bullet limit is now the law, unless it overturned. The case may make its way to the U.S. Supreme Court.

 

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[Marion]

Erie court ruled a couple years back it was 10 so carry 10

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[Nomad]

Ya a Western district court made its ruling , but the law is still on the books, even though many won’t charge you some areas still do . How do I know  ? Daughters former boyfriend is fighting a felony charge for a Safe act arrest for that very thing. His arrest was last month, to many rounds in the mag .

My county ( Monroe ) won’t charge you with a Safe act only violation , in other words, if they come across your mag in a traffic stop ,or the like it’s ok, robbing a bank they’ll charge you with the Safe act violation too .

NOT  every county will do this , the law is still on the books , despite the Western District courts ruling , some county’s will arrest you . 

His attorney only needed a 10k retainer , to try and beat the FELONY charge .

I carry 10 in Monroe county , 7 when I travel outside of it, kid was arrested in a neighboring county .

Say what you want, he went to jail , they got a search warrant, took all his guns , he’s facing jail time and loss of his job .

Steve D YOU carrying 7 is a wise move......

here READ THIS 

https://psanded.com/7-or-10-rounds/

 

Edited July 23, 2019 by BeIo

[turkeyfeathers]

I saw months ago that they were not going to enforce 10 rounds in Erie county and prior convictions thrown out 

[Nomad]

To the OP , don’t use internet for your sole basis of legal advice . Call your DA’s office and ask them, getting something in writing would be even better . There is not an even enforcement of these laws state wide . So what your county says only applies there.

TF I think you mean “ they are not going to enforce 7 rounds in Erie “  if they don’t enforce 10 rounds that would mean over 10 would be ok . Throwing out prior convictions, is good, still cost those guys 5 figures to fight it , and good luck getting your guns and permit back .

The whole things a mess , I had an email from a law firm in Roch. Who specializes in these gun cases, but it appears I deleted it after I sent it to daughters ex. 

 

Edited July 23, 2019 by BeIo

[Marion]

Ya a Western district court made its ruling , but the law is still on the books, even though many won’t charge you some areas still do . How do I know  ? Daughters former boyfriend is fighting a felony charge for a Safe act arrest for that very thing. His arrest was last month, to many rounds in the mag .
My county ( Monroe ) won’t charge you with a Safe act only violation , in other words, if they come across your mag in a traffic stop ,or the like it’s ok, robbing a bank they’ll charge you with the Safe act violation too .
NOT  every county will do this , the law is still on the books , despite the Western District courts ruling , some county’s will arrest you . 
His attorney only needed a 10k retainer , to try and beat the FELONY charge .
I carry 10 in Monroe county , 7 when I travel outside of it, kid was arrested in a neighboring county .
Say what you want, he went to jail , they got a search warrant, took all his guns , he’s facing jail time and loss of his job .
Steve D YOU carrying 7 is a wise move......
here READ THIS 
https://psanded.com/7-or-10-rounds/
 

I look forward to the overturning of his conviction and further lawsuit against the state. Can't wait for him to become a wealthy young man. Also how the fuck did they even know he had more than 7 in the gun? Was he waving it around like some drunken asshole?

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[Marion]

Ya a Western district court made its ruling , but the law is still on the books, even though many won’t charge you some areas still do . How do I know  ? Daughters former boyfriend is fighting a felony charge for a Safe act arrest for that very thing. His arrest was last month, to many rounds in the mag .
My county ( Monroe ) won’t charge you with a Safe act only violation , in other words, if they come across your mag in a traffic stop ,or the like it’s ok, robbing a bank they’ll charge you with the Safe act violation too .
NOT  every county will do this , the law is still on the books , despite the Western District courts ruling , some county’s will arrest you . 
His attorney only needed a 10k retainer , to try and beat the FELONY charge .
I carry 10 in Monroe county , 7 when I travel outside of it, kid was arrested in a neighboring county .
Say what you want, he went to jail , they got a search warrant, took all his guns , he’s facing jail time and loss of his job .
Steve D YOU carrying 7 is a wise move......
here READ THIS 
https://psanded.com/7-or-10-rounds/
 

I look forward to the overturning of his conviction and further lawsuit against the state. Can't wait for him to become a wealthy young man. Also how the fuck did they even know he had more than 7 in the gun? Was he waving it around like some drunken asshole?

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[Nomad]

I won’t get into specifics in an open forum while case is moving forward. 

He didn’t have gun on him, and he called them to report what he thought was a crime in progress ..... 

[turkeyfeathers]

Yes , enforcing 7 rounds in a mag is what I meant.  Also thought it was illegal for the cops to strip rounds counting them.  

[Nomad]

45 minutes ago, turkeyfeathers said:

Yes , enforcing 7 rounds in a mag is what I meant.  Also thought it was illegal for the cops to strip rounds counting them.  

Correct, court ruled in that Lockport case that counting rounds, when not arresting someone for something else was an illegal search , doesn’t mean it doesn’t still happen .

Recently when this issue “ came up “ I asked some cops I know at the gym, if say on a traffic stop they could count the rounds in a legally owned gun.

They basically said , “ I guess if I wanted to, although not sure why I’d I’d want to .”  Which is why asking cops legal questions is iffy at best .

 

Edited July 23, 2019 by BeIo

[Five Seasons]

not legal advice, but having more than 7 rounds in your mag is kind of like removing your front plate from your sports car. It's unlikely to cause you grief, but it is a reason for them to hold you or dig deeper, for example if you've had a glass of wine or 2 while eating out.

It's still gray enough for me that I carry 7. However, in my safe and the gun by my bedside it's possible that there might be mags that have even more than 10. Which is of course  to protect my family, for which I'm happy to face the consequences should I ever need to.

I'd rather be judged by 6 than carried by 12.

[Five Seasons]

PS so many years later all the safe act did was kind of take away some scary black guns, for which we have alternatives for, and pause online sales of ammo for a short period of time. Those were the major points of the bill and they're being slowly chipped away

[Marion]

I won’t get into specifics in an open forum while case is moving forward. 
He didn’t have gun on him, and he called them to report what he thought was a crime in progress ..... 

Well given the scant details sounds like the DA is a major jerk and I will wait patiently for his success fighting the corruption

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[rachunter]

22 hours ago, BeIo said:

To the OP , don’t use internet for your sole basis of legal advice . Call your DA’s office and ask them, getting something in writing would be even better . There is not an even enforcement of these laws state wide . So what your county says only applies there.

 

 

^^^^^^^^^^^^

Best advice on this subject. 

[hunter]

Thanks to all for info and real life situations. Unfortunately I travel a lot so my DA will only apply to my county as you noted rachunter. Honestly I believe many of the dems think any misery they give gun owners is a bonus.