NYPD After Your Legal “High Cap” Magazines

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

BRING RECEIPT FOR PURCHASE OF NEW MAGAZINE AND PROOF FOR THE DISPOSAL OF THE OLD MAGAZINE.”