new york penal code 265 37 unlawful possession of certain ammuni

New York Penal Code 265.37 makes it illegal for a person to knowingly possess an ammunition feeding device that contains more than seven rounds of ammunition. This law has been controversial, with proponents arguing it improves public safety and opponents claiming it infringes on Second Amendment rights.

Overview of the Law

Penal Code 265.37 states: It shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than seven rounds of ammunition. This effectively bans the possession of magazines or clips that hold more than seven rounds, with some exceptions.

The law was passed as part of the NY SAFE Act in 2013 following the Sandy Hook school shooting. Supporters said restricting magazine capacity would reduce casualties in mass shootings. Critics argued the limit arbitrarily restricts law-abiding gun owners.

Violating 265.37 is a misdemeanor offense. Possession of a magazine able to hold up to 10 rounds is punishable by up to 1 year in jail and a fine of up to $1000. Possession of a magazine able to hold more than 10 rounds is punishable by up to 1 year in prison and a fine of up to $1000 [2].

Exemptions and Defenses

There are some exemptions and defenses to 265.37 charges:

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Legal Scenario: What Would You Do?

Scenario

After purchasing a used rifle at a gun show in Pennsylvania, you discover that the magazine it came with holds ten rounds. You drive home to New York with the rifle and magazine in your trunk, not realizing the magazine capacity violates state law.

Can I really be charged just for having a magazine with more than seven rounds, even if I didn't know about the limit when I bought it?

Attorney's Answer

Under New York Penal Code 265.37, knowingly possessing an ammunition feeding device loaded with more than seven rounds is a misdemeanor offense, regardless of where you purchased it. The key element prosecutors must prove is that you 'knowingly' possessed the device — meaning you were aware you had the magazine, though ignorance of the law itself is generally not a defense. You should immediately unload the magazine to seven rounds or fewer and consult an attorney about voluntarily surrendering the non-compliant device. A skilled defense lawyer may be able to challenge the 'knowingly' element or argue that the statute's constitutionality remains in question following ongoing Second Amendment litigation in federal courts.

This is general information only. Contact us for advice specific to your situation.

• Possession at an authorized shooting range or competition
• Possession by active or retired law enforcement officers
• Antique feeding devices possessed as curiosities or relics
• Devices possessed prior to the law’s enactment in 2013

For the pre-ban exemption, the feeding device must have been lawfully possessed prior to the law’s enactment. The defendant also must have notified authorities they possessed the banned device [3].

Debates Around the Law