By Eddie Devir
Under New York’s Orwellian-monikered SAFE Act, having a magazine with a capacity of more than a 10 rounds is now defined as criminal possession of a weapon in the third degree, a “Class D Violent Felony.” So soon, having a 13-round magazine stashed in the back of a drawer or a 10-rounder downloaded to only eight rounds rather than the legal limit of seven and you’re pinched. How does this grave offense against society compare with other crimes in the Empire State? Here’s a sample of similar hijinks that will also get you tagged with a class D violent felony wrap . . .
- Rape in the Second Degree – § 130.30
- Course of sexual conduct against a child in the second degree – § 130.80
- Reckless assault of a child – § 120.02
- Aggravated sexual abuse in the third degree – § 130.66
Which means that 13-round mag or a too-full ten-rounder in your possession will be a more serious offense than these simple Class D felonies (a step less serious that the Class D Violent variety):
- A.Promoting an obscene sexual performance by a child – § 263.10
- B. Promoting a sexual performance by a child – § 263.15
- C. Reckless endangerment in the first degree – § 120.25
- D. Vehicular manslaughter in the second degree – § 125.12
Or these Class E Violent Felonies (one step below Class D):
- Persistent sexual abuse – § 130.53
- Aggravated sexual abuse in the fourth degree – § 130.65-a
Or these simple Class E no-nos:
- Luring a child – § 120.70
- Use of a child to commit a controlled substance offense- § 220.28
- Possessing an obscene sexual performance by a child – § 263.11
- Possessing a sexual performance by a child – § 263.16
So there you have it. Carry one too many rounds (or only seven in a mag that’s — oops! — too capacious) and what you’ve done is considered as bad molesting a child. And it’s worse than vehicular manslaughter — yes, where someone has died. That’s what now passes as common sense gun law in the state of New York.