Nypd after your legal “high cap” magazines

golocx4

Got Beretta's?
Parsing this letter from NYPD.

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.

A review of the application you submitted – Bold face deceptive lie. They are sending these out with renewals. If anyone hears of someone with a revolver on their license getting one of these letters. That is the proof the very first sentence is a lie.


May? May be? Where are the lawyers on that one.

The reason I pulled you over is because the vehicle you are driving may be able to drive over the speed limit.

May be in violation of the New York State Penal Law. WHAT? Either I am in violation or I am not.

Nothing in NYC laws regarding magazines for handguns

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.

Again, nothing in NYC laws regarding magazines for handguns .

After your handgun is modified you must report to the License Division for a handgun inspection prior to renewal of your license.

I don’t know what this sentence is trying to say.

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}.

The letter states that all the gun owner need do is provide a letter stating why any high cap mags in his possession are legal, they are not required to bring them in for "inspection"

Again, nothing in NYC laws regarding magazines for handguns .

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.”


If I was Andrew Lunetta Deputy Inspector I would be embarrassed to send this out.
The Structure, grammar, intent are going to cost the City of New York millions in law suits.
This letter and rouse is wrong on so many Constitutional levels.
 
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I will assume that New York City is subjuct to the New York state laws, which is a 10 round magazine limit. Welcome to the liberal northeast. I guess showing proof of their destruction is their way of enforcing the law. Did you recently move to New York City? Per the documentation, the law has been in effect for 10 years, so it seems peculiar that if you have been in New York for awhile that they are questioning you about it now. If you moved to a different part of New York, that may explain a bit, as some counties are more apt to issue permits than others, hence the state's "May issue" status. If this is an application for a concealed carry permit in New York City, I think they are as difficult to get in New York City as they are in New Jersey.
 
I will assume that New York City is subjuct to the New York state laws, which is a 10 round magazine limit. Welcome to the liberal northeast. I guess showing proof of their destruction is their way of enforcing the law. Did you recently move to New York City? Per the documentation, the law has been in effect for 10 years, so it seems peculiar that if you have been in New York for awhile that they are questioning you about it now. If you moved to a different part of New York, that may explain a bit, as some counties are more apt to issue permits than others, hence the state's "May issue" status. If this is an application for a concealed carry permit in New York City, I think they are as difficult to get in New York City as they are in New Jersey.

New York City License Rules state
NYC administrative code,


§ 10-131

6. It shall be unlawful for any person to possess any ammunition feeding device designed for use in a firearm except as provided in subparagraphs (a), (b), (c), (d) and (e) of this paragraph. (a) Any pistol or revolver licensee or permittee may possess an ammunition feeding device designed for use in the pistol or revolver such licensee or permittee is authorized to possess, provided that such ammunition feeding device is not capable of holding more than seventeen rounds of ammunition and provided further that such ammunition feeding device does not extend below the grip of the pistol or revolver.

New York State Assault Weapon Law dose not mention Handguns.

This letter is either badly written or written in such a way as to fool the readers into turning in guns and mags as a bold face deception.
 
In my opinion, many policies, and laws, are poorly written. With thousands of gun laws throughout the country, it is almost a guarantee that you will get some that appear to contradict each other, and a few that actually do. I have seen firearm websites that will not ship a magazine to New York with a cpacity over 10 rounds. Are they interpreting the law differently? I don't know. They may have been able to hire a lawyer to interpret laws that appear to sometimes be written in a confusing manner, or they may just be playing it safe. States like New York that may have condradicting laws may have sellers favor the side with caution that keeps them in a position to be able to at least sell 10 round magazines.

Someone from New York will probably be able to direct you on this better than I can.
 

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