Quote Originally Posted by jrs View Post
From BC1: "This law was enacted January 15, 2013 and took affect April 15, 2013. He should have known. Ignorance of the law is not a defense."

Yes, passage of this "law" (I use that term lightly) took place without time for exposure to the public, time for our elected 'representatives' (I also use that term lightly) to actually read the legislation, digest it, and make a reasoned (not emotional) decision on how to vote.

First.... lets look at the "emergency"... this was passed without Constitutional requirements because it was an emergency....SO WHY DID IT BECOME EFFECTIVE 90 DAYS LATER??? If it was an emergency, why was it not effective immediately???

Next... if our legislators actually looked at the "law" and thought reasonably about its place and where it stands in the 'grand scheme', they would have realized how ridiculous their reasoning really is... in New York State, having that 8th round in the magazine is now a MORE SERIOUS offense than CHILD MOLESTATION!!!

ARE YOU KIDDING ME??? Any and all of the legislators, if asked during the 3 day Constitutional review period, would have at least had to answer that question.... is an 8th round actually worse than Child Molestation?

While I believe that this "law" is a horrible attempt to limit our Constitutional Rights, I also agree with BC1...it's the current law...and a fact of life for those of us in NY.
As a result, we have to follow that law until it's overturned or amended. So, the man who was pulled over for the light bulb should have been bright enough (pun intended) to know that he was in violation of the "concealed" part of NY law... In violation of the limits on number of rounds... In violation of vehicle and traffic law(driving with a suspended license... and finally, he should have been "bright enough" to know that just because he doesn't like the law, he still has to follow it until it's revoked or amended.

In a state (and county) where they are LOOKING FOR ANY REASON to revoke your permit, why give them "just another reason", even in protest, to take it!

For me, I am following the law, keeping 7 in the mag although it holds more, but now carry multiple 7 round mags.

Finally, every law has unintended consequences which the lawmakers never consider. So, I am also considering purchase of and have been researching larger caliber pistols with 7+1 capacity....
The "unintended consequences" of this legislation will be that while they may have succeeded in limiting my capacity per mag, they will actually have caused me to become more lethal if the need ever arises.
Authorities are not looking to revoke everyone's permit. In fact permits are being handed-out in NYS (not NYC) in record numbers at this time.
The statement that it’s a lower offense to molest a child than to possess more than eight rounds in NY is quite incorrect. The sexual abuse of a child is a class A, B or C felony, depending on the actual act. Jail is mandatory in these cases and anyone convicted of the crime is subject to imprisonment for 15-25 years in prison. This is exactly how the myths about NYS get started. Please see NYS Penal Law S70.80 for sentences. A person carrying more than seven rounds in a magazine is subject to a $200 fine. Also see the offenses below.
§ 130.50 Criminal sexual act in the first degree.
A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person:
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen year old or more.
Criminal sexual act in the first degree is a class B felony.
§ 130.96 Predatory sexual assault against a child.
A person is guilty of predatory sexual assault against a child when, being eighteen years old or more, he or she commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, and the victim is less than thirteen years old.
Predatory sexual assault against a child is a class A-II felony.
§ 265.37 Unlawful possession of certain ammunition feeding devices.
If such device containing more than seven rounds of ammunition is possessed in any location other than the home of the possessor, the person so possessing the device shall, for a first offense, be guilty of a class B misdemeanor and subject to a fine of two hundred dollars.
A good document to help understand the role of police in conducting searches of peoples handguns is set forth in the “Guide to The New York Safe Act for Members of the Division of State Police.” Link is below.
This document (page-9) advises police that if a person produces a permit and there are no indications of unlawful conduct, an inspection of the magazine may not be performed. In this case, the weapon should be secured temporarily, in the same condition as it was found, for the duration of the stop and returned to the motorist at the conclusion of the encounter. Unless there is probable cause to believe the law is being violated, there is no justification for checking a magazine to determine whether or not it contains more than 7 rounds.