Revolvers Vs. New York Law

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bird_dog

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I know new 'New York' threads are getting closed as fast as they come up, but I have a specific question, pertaining to revolvers:

I've read the law and can't find anything addressing revolvers with capacities greater than 7. Anyone have any idea if they are or are not a part of this legislation?

Thanks,

Joel
 
I'm thinking they 'should' be too. It's the details that scare me. In the process of securing a Taurus 992, and just want to make sure that it's going to be legal. Or am I going to hear some version of Cuomo's speech, such as "you DON'T NEED NINE SHOTS TO KILL A SQUIRREL!!!".

Fellow WNY guy here.
 
Actually, the New York threads being closed are the ones generally opening discussion which is already ongoing...

Yours seems different enough that I cannot call it a redundant thread...;)

Brent
 
Given their ability to change the meaning of words I would not be surprised to see a double action revolver considered a semi automatic pistol with a fixed magazine.

They wrote the law with zero input from anyone but their side as far as I can tell. They will interpret and enforce as they see fit.
 
Given their ability to change the meaning of words I would not be surprised to see a double action revolver considered a semi automatic pistol with a fixed magazine.
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Well, technically, since one pull of the trigger equals one round fired there isn't a whole lot of difference until you need to reload, but of course they aren't limiting how many magazines you can carry (yet). The antis aren't really the sharpest tools in the shed, so it might take a while to dawn on them.
 
The law is against magazines holding more than 7 rounds. Magazines.
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Tom, I'm going to have to play devil's advocate here.

The law doesn't simply restrict magazines; it restricts "large capacity ammunition feeding devices", which are defined as...
...a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic... (definition of curio or relic omitted for brevity)
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[Emphasis mine]

My argument is that a revolver cylinder is similar enough to a "drum" that it may fall under the definition of an "ammunition feeding device", if the NYSP takes a hard line in their interpretation of this provision, which I suspect they will.

The good news is that AFAIK hardly any revolvers with a capacity of over 10 rounds even exist, and current 8-10 shot revolvers in NY will be grandfathered.

I do, however, believe that revolvers like the S&W Model 627 (8-shot) and Ruger Single Ten (10-shot) are now verboten for new commercial sale in NY.
 
And black powder revolver cylinders were removable and replaceable for faster reloading. Which isn't directly on point but could be used to bolster an arguement.
 
Of course if anybody in NY sees this video of Jerry Miculek shooting a revolver you can be sure the revolver shooters will be out of luck too.

http://www.youtube.com/watch?v=uisHfKj2JiI

I'd really like to see their reaction when they realize what they HAVE NOT banned. Maybe we could tell them this is a typical revolver shooter with four hours of really good range instruction under their belt.

And to Jim March, thanks a lot buddy!!!

(Jim March - I've followed your threads on this and they have been very entertaining and informative and hope to see even more stuff from you.)
 
It really depends upon how the regulations are written, in implementing this law.

As it is worded, I can see a clear path that a detachable cylinder can be considered an "ammunition feeding device." For a non-detachable cylinder, I can see that a speed loader could also be considered as such.

For those of you that have M1's, make sure your stripper clips are 1 rnd short of full.

At least until the regs are actually written and you can see what is what.

The above is based solely upon how the actual wording of the law is and how courts have, by and large, interpreted those words. I am not an attorney nor am I a legal expert of any kind. So take what I have written with a large dose of salt.
 
For those of you that have M1's, make sure your stripper clips are 1 rnd short of full.
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Pardon the slight sidetrack- not to mention my own ignorance- but will an M1 function properly if the en bloc clip is inserted with only 7 rounds in it?

Also, the definition of "Curio or Relic... Ammunition Feeding Device" may allow out-ot-state purchase of M1 clips if owners and the NYSP can come up with a reliable and consistent method of determining whether a simple unmarked sheet metal doohickey is more than 50 years old, and then registering that doohickey. :rolleyes:

One other interesting note... as far as I can tell, the "Curio or Relic" provision should still allow the purchase of 32rd "Trommelmagazin" drum mags for Luger-type pistols, since they've been out of production for well over 50 years!
At least until the regs are actually written and you can see what is what... The above is based solely upon how the actual wording of the law is and how courts have, by and large, interpreted those words.
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+1, although IANAL either.
 
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carguychris said:
Pardon the slight sidetrack- not to mention my own ignorance- but will an M1 function properly if the en bloc clip is inserted with only 7 rounds in it?
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Certainly. Slide one or two cartridges onto the stripper clip and insert as usual. The clip was designed to hold a max of 8 cartridges, because that's all the magazine well will hold.

Just make sure you don't come away with the infamous garand thumb! ;)

Also, the definition of "Curio or Relic... Ammunition Feeding Device" may allow out-ot-state purchase of M1 clips if owners and the NYSP can come up with a reliable and consistent method of determining whether a simple unmarked sheet metal doohickey is more than 50 years old, and then registering that doohickey. :rolleyes:
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Clerk: Thank you sir. You've just completed the registration requirements for 10 dohickies.
toofunny.gif
 
What if you have an 8 rd speed loader? Is the term "magazine" clearly defined?
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Article 265 of the NY Penal Law apparently never clearly defines the term "magazine" despite using it numerous times.

The key provisions are excerpted in my first post. If I were a betting man, I would wager that it will boil down to whether the NYSP and/or the courts determine that a revolver cylinder constitutes a "drum... or similar device."
 
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