NYC magazine capacity restrictions

Ultra12

New member
I was at the range today an was told by ex nypd officer that even though nyc only allows rifles and shotguns with 5 rounds capacity a lever action due to its fixed magazine can be up to 10 rounds.
I am having hard time finding details of 1992 assault rifle ban as I was told i should check there. but perhaps you guys can point me in to the right direction.
if its in fact true i am no longer limited to 444 or 45-70 marlin lever actions among selected few that have 5 magazine capacity
 
There never was any such thing as a five round limit, unless it was NYC specific.

Lever actions are not assault weapons:

"Assault weapons does not include:
• any rifle, shotgun or pistol that: is manually operated by
bolt, pump, lever or slide action;"

and..

“Large capacity ammunition feeding device” means
a magazine, belt, drum, feed strip, or similar device,
manufactured after September 13, 1994, that has a
capacity of, or that can be readily restored or converted
to accept, more than ten rounds of ammunition. There
is an exception for an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.


In other words, state law allows lever action guns the same capacity as (virtually) every other gun.... 10 rounds.
 
NYC does have a capacity limit on rifles. Assault:( or otherwise. Sadly you also must have a Rifle/shotgun permit to own a long gun within the city limits.
Mayor Bloomberg is smiling.
 
We do try I believe. In places like NYC where the anti sentiment is so dominating in the goverment though you could easily become a criminal with a stroke of the pen and never know it. Incorrect information from the authorities themselves can have the same effect. I have seen such information given incorrectly by the Suffolk County Police to pistol permit holders.
 
I have rifle and shotgun permit so I can legally own a gun in NYC but I wanted another rifle (lever) for my collection but with 5 round capacity all I can get is marlin 444 or marlin 45-70. It's expensive to shoot so I was hoping to get something in pistol round for plinking
 
Doesn't a ten-round magazine limit really amount to a trigger lock (think: Heller) with ten round delay? If a home invasion were occur for example, with multiple suspects as is the MO in such cases, 10 rounds might very likely not be enough.

Such a limit renders one's firearm temporarily inoperable after an arbitrary number of shots, and should therefore be invalidated under the functional firearm requirement of Heller vs DC.
 
Most NYC Gun shops can fit your rifle with a plug in a tubular magazine, or a block in a box magazine to limit it's capacity and make NY politicians happy.
If Ollinville Arms is still in in business in the Bronx, they may be able to help you.
 
http://public.leginfo.state.ny.us/L...&BROWSER=BROWSER+&TOKEN=16699482+&TARGET=VIEW

Crazy link but this is the link to the NYC Admin Code for Firearms. (Edited: Crazy Link is so long the whole thing won't show up in my post)

If that doesn't work go to his page and scroll to the bottom and click on NYC Admin Code

http://public.leginfo.state.ny.us/MENUGETF.cgi?COMMONQUERY=LAWS+&TARGET=VIEW

Link to NYC on obtaining a firearm permit to won
http://www.nyc.gov/html/nypd/downloads/pdf/permits/title38-rcny.pdf

Hope this is what you were looking for.
 
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