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NY Gun Owners’ Knickers Twisted by Hi-Cap Mag Warning

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NYPD tricking gun owners out of their lawfully owned property? That’s the headline over at thegunzone.com re: the New York Police Department’s letter to gun owners not-so-gently reminding them that owning a firearm with a magazine capable of holding more than 10 bullets makes them a serial killer or, at the very least, invites a 2am flash-bang-boom SWAT visit. The blogosphere has donned its aluminum foil hat on this one, as the NYD somehow forgot to mention that pre-1994 large capacity magazines are as legal as a high ball served in a frosty glass at the 19th green. Accidentally on purpose? I don’t think so. The more interesting aspect: following this directive is a complete pain in the ass. Check it out. . .

Dear License Renewal Applicant:

A review of the application you submitted reflects that you possess a handgun that may be in violation of the New York State Penal Law. This violation pertains to the number of bullets{sic} that can be stored in the magazine used to supply your handgun. New York State Penal Law § 265.02(8) makes it illegal to possess of a ‘large capacity ammunition feeding device’ which is defined to include, among other items, a magazine that has the capacity to hold more than ten rounds of ammunition. This provision of state law took effect November 1, 2000. A violation of this section of the Law is a class ‘D’ felony.

If your handgun is equipped with a ‘large capacity feeding device,’ you must acquire a magazine that complies with state law. After your handgun is modified you must report to the License Division for a handgun inspection prior to renewal of your license. Gun Inspections are performed Monday through Friday (except holidays) between the hours of 12:00 noon to 2:00 p.m. at One Police Plaza, Room 152. If you fail to either (1) modify your handgun; or (2) surrender it to a local police precinct; or (3) supply a detailed letter setting forth reasons that exempt you from this provision of the Penal Law, within 30 days of this notice your handgun license will be cancelled{sic}.

If you have any questions related to this correspondence, please direct them to Sergeant Chris Gonzalez of my staff who may be contacted at (646) 610-5872.

Very truly yours,

Andrew Lunetta
Deputy Inspector

BRING RECEIPT FOR PURCHASE OF NEW MAGAZINE AND PROOF FOR THE DISPOSAL OF THE OLD MAGAZINE.

Here’s another idea: buy a legal magazine or four and throw the other one(s) away. If your gun can’t comply with the law, trade it for another one. Next?

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