Most Read
Image 01 Image 02 Image 03

NY to ease 7-round magazine limit

NY to ease 7-round magazine limit

The NY Gun law effectively banned the purchase of new pistols because pistols are not generally made to hold 7-round magazines, and even if some manufacturers would produce such magazines for the NY market, it still presented a constitutional problem:  Under the Heller and McDonald cases, the state cannot effectively ban handguns either outright or by setting up irrational and onerous obstacles.

This was a point made by attorney Alan Gura in response to a question I asked when he spoke at Cornell Law School.  (Video at bottom of post.)

“Well the 7-round limit to me is clearly unconstitutional, for the reasons mentioned, Americans have expectation  to find in common use handguns that have more than 7-rounds, and so a 7-round limit is plainly unconstitutional.”

So it is no surprise that Governor Andrew Cuomo now is open to changing that part of the law, via NY Times:

… after weeks of criticism from gun owners, Mr. Cuomo said on Wednesday that he would seek to ease the restriction, which he said had proved unworkable even before it was scheduled to take effect on April 15.

The gun-control law, approved in January, banned the sale of magazines that hold more than seven rounds of ammunition. But, Mr. Cuomo said Wednesday, seven-round magazines are not widely manufactured. And, although the new gun law provided an exemption for the use of 10-round magazines at firing ranges and competitions, it did not provide a legal way for gun owners to purchase such magazines.

As a result, he said, he and legislative leaders were negotiating language that would continue to allow the sale of magazines holding up to 10 rounds, but still forbid New Yorkers from loading more than 7 rounds into those magazines.

“There is no such thing as a seven-bullet magazine,” Mr. Cuomo said at a news conference. “That doesn’t exist. So you really have no practical option.” ….

Even after allowing the sale of 10-round magazines, New York’s law would still be among the strongest in the country. Only three other states — California, Hawaii and Massachusetts — and the District of Columbia have a 10-round magazine limit, according to the Law Center to Prevent Gun Violence.

There are many other problems with this law, as we have discussed before.  As indicated above, NY still will restrict gun owners to loading 7 rounds into the 10-round magazines.  That’s just irrational and arbitrary.

[Note — the subtitle has been removed after a number of people pointed out that 7-round magazines exist for some models, although still not many. So it was not correct to say they “don’t exist” and now that subtitle doesn’t exist.]

DONATE

Donations tax deductible
to the full extent allowed by law.

Comments

“That’s just irrational and arbitrary.”

Liberalism in a nutshell.

BannedbytheGuardian | March 21, 2013 at 12:45 am

may i have a 7 round magazine & a 30 oz raspberry pop thanks sir.

Sorry they do not exist. What about a 10 rounder & a 3 oz soda?

Ok then.

Subotai Bahadur | March 21, 2013 at 1:55 am

Today the governor of Colorado, John Hickenlooper [Democrat, of course] signed into law a raft of gun control bills. One of them makes any weapon and magazine THAT CAN BE MODIFIED to hold more than 15 rounds a banned assault weapon. THAT CAN BE MODIFIED is interpreted liberally, and any magazine or shotgun tube can be so modified. So anything but break shotguns, single shot rifles and pistols, and revolvers is now illegal.

Molon Labe.

Subotai Bahadur

as i’ve said before: any fool can pass an illegal law.

unfortunately, the fools who pass them won’t be the poor saps out trying to enforce them.

All laws which infringe on constitutional protections, ESPECIALLY WHEN EXPLICITLY STATING THAT THEY “SHALL NOT BE INFRINGED” are arbitrary and irrational, and clearly unconstitutional as well.

    Paul in reply to Paul. | March 21, 2013 at 3:08 am

    Oh, and if the States want to regulate arms so badly, then the states should argue for the repeal of the 14th amendment. Fat Chance.

Yes, 7 round mags exist, and they’re standard on quite a few pistols, most notably the M1911.

Think we’ll see prosecutions of people for firing 9 shots without changing magazines when defending themselves? That ought to be fun.

Henry Hawkins | March 21, 2013 at 8:48 am

Watching liberal pols write gun control law is like watching pigs play ice hockey.

[…] If Andrew Cuomo has truly had an epiphany about his approach to gun regulation, it’s not really evident from this admission.  The New York Times reports that Cuomo will now try to rush some changes into his banner gun-control legislation that forced New York gun owners to use magazines that no one manufactures, with even the one exception to the rule found to be unworkable (via Legal Insurrection): […]

So, I can have 7 rounds and 3 empty spaces in a 10 round magazine, but I can’t have 7 rounds and 13 empty spaces in a 20 round magazine? What difference does it make? Loading that eighth bullet is a crime, either way.

And why should I bear the expense of replacing my 20 round magazines with 10 round magazines, if the only difference is going to be more empty space below the last legal round? Where is the pressing societal interest in that? Either way, the only way to demonstrate non-compliance is to remove the magazine, count off 7 bullets, and see if any remain.

Henry Hawkins | March 21, 2013 at 3:38 pm

See, what happens is that the next time some nutjob shoots up a school or mall and then ices himself, the police will check his magazine and if there are more than 7 rounds, oh boy is HE gonna be in trouble. Word’ll get around and that’ll be the end of mass shootings. Pure GENIUS.

Oh boo-hoo-hoo-hoo. The Albany Times Union has its panties in a wad because its story about the turn-in-your-neighbor-for -gun-possession-collect-$500 story has gone viral.

“The story has gone viral on conservative websites, where headlines like “New York state offers $500 reward for reporting gun owners” and “Big Brother is bribing snitches” will give you a sense of the quality of the analysis.”

The lack of critical reasoning in the article is astounding. The reporter points out the law has been in effect for the past year without garnering controversy but fails to report that His-A$$hat-Majesty Governor Cuomo criminalized formerly legal gun owners with the stroke of a pen when he passed the SAFE Act.

http://blog.timesunion.com/capitol/archives/182791/because-you-asked-more-on-illegal-guns-tipline/

Stupid is, as Stupid does!

[…] New York Governor Andrew Cuomo appealed to emotion after the Newtown tragedy and created a crisis atmosphere to force through a restrictive gun ban. The bill Cuomo proudly signed was a perfectly contemptible example of bad governing. He would like it to go on his resume has having taken action on an issue of import, but it really attests to how ill-served voters are to have someone like Cuomo represent them in office. At Legal Insurrection, William Jacobson explains: […]

[…] New York Governor Andrew Cuomo appealed to emotion after the Newtown tragedy and created a crisis atmosphere to force through a restrictive gun ban. The bill Cuomo proudly signed was a perfectly contemptible example of bad governing. He would like it to go on his resume has having taken action on an issue of import, but it really attests to how ill-served voters are to have someone like Cuomo represent them in office. At Legal Insurrection, William Jacobson explains: […]

Font Resize
Contrast Mode
Send this to a friend