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NY Penal Law § 26536 Unlawful possession of a large capacity ammunition feeding device

June 25, 2020 Federal Criminal Attorneys

NY Penal Law § 265.36: Unlawful possession of a large capacity ammunition feeding device

In the New York penal code, there are 2 offenses related to possessing ammunition feeding devices: unlawful possession of a large capacity ammunition feeding device, and unlawful possession of certain ammunition feeding devices. If you are in possession of an ammunition feed device that has the capacity of handling 7 or more rounds of ammunition, then you will be charged with unlawful possession of certain ammunition feeding devices.  On the other hand, if you are in possession of an ammunition feeding device that has the capacity for handling more than 10 rounds, then you will be charged with unlawful possession of a large capacity ammunition feeding device.

 

An Example

After being repeatedly threatened with a gun by her boyfriend, a woman contacted the police and informed them that her boyfriend had two illegally obtained guns in their apartment. Police arrived at the apartment to investigate.  When they searched the apartment, the police did not recover the guns, but they did find a magazine with the capacity of handling 12 rounds. On the basis of that evidence, the police arrested the woman’s boyfriend.  He was charged with the crime of  unlawful possession of large capacity ammunition feeding devices.

 

Offenses that are Related

Unlawful possession of certain ammunition feeding devices: New York Penal Code § 265.37

 

Possible Defenses

Weapons and ammunition are commonly recovered pursuant searches of a home or a vehicle. Sometimes, in their zeal to make an arrest, there are occasions when the police fail to follow proper procedure. Pursuant to the law, in order to conduct a search, whether it is a search of your car, apartment or office, the police must demonstrate that they had probable cause to do so. If it is determined that the search was unlawful, anything which the search produced would be inadmissible in court and your case would likely be dismissed.

 

The Sentence

Due to the fact that unlawful possession of a large capacity ammunition feeding device is categorized as a class A misdemeanor, if convicted, you could be sentenced to up to 1 year in jail. There is a possibility that the judge will decide to not send you to jail at all.  The judge may simply sentence you to a probation term of 3 years. If you are placed on probation, there will be a number of rules that you will be obligated to follow, including consistently reporting to your probation officer, refraining from being in possession of firearms and staying away from people who are known criminals. If you neglect to follow the rules, your probation may be revoked and you could be sent to jail.

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