NYPD After Your Legal “High Cap” Magazines

High Capacity Magazine Ban
High Capacity Magazine Ban

NYPD’s License Division is sending letters to handgun permit renewal applicants suggesting their pre-ban standard capacity magazines may be in violation of the law.

The letter uses the date 11/1/2000 as being the date of New York’s assault weapons ban and magazine limits.  However, any capacity magazine possessed prior to 9/13/1994 is legal.  The letter is written in such a way that NYPD essentially wants you to write them a letter stating your magazines are pre-ban.

NYC residents with permits, please take note of this important distinction.  As long as your magazines were purchased prior to 9/13/1994, they are perfectly legal.

Here’s the text of the letter:

Dear License Renewal Applicant:

A review of the application you submitted reflects that you possess a handgun that may be in violation of the New York State Penal Law. This violation pertains to the number of bullets{sic} that can be stored in the magazine used to supply your handgun. New York State Penal Law § 265.02(8) makes it illegal to possess of a ‘large capacity ammunition feeding device’ which is defined to include, among other items, a magazine that has the capacity to hold more than ten rounds of ammunition. This provision of state law took effect November 1, 2000. A violation of this section of the Law is a class ‘D’ felony.

If your handgun is equipped with a ‘large capacity feeding device,’ you must acquire a magazine that complies with state law. After your handgun is modified you must report to the License Division for a handgun inspection prior to renewal of your license. Gun Inspections are performed Monday through Friday (except holidays) between the hours of 12:00 noon to 2:00 p.m. at One Police Plaza, Room 152. If you fail to either (1) modify your handgun; or (2) surrender it to a local police precinct; or (3) supply a detailed letter setting forth reasons that exempt you from this provision of the Penal Law, within 30 days of this notice your handgun license will be cancelled{sic}.

If you have any questions related to this correspondence, please direct them to Sergeant Chris Gonzalez of my staff who may be contacted at (646) 610-5872.

Very truly yours,

Andrew Lunetta
Deputy Inspector



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Calvin has been a key contributor to USA Carry since it launched. Along with the founder Luke McCoy, he helped gather information, research laws as well as moderate the forums and contributing firearm related articles.
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