Repeals section 265.37 of the penal law relating to the unlawful possession of certain ammunition feeding devices

BILL NUMBER:S3698

Title of bill

An act to repeal section 265.37 of the penal law relating to the unlawful possession of certain ammunition feeding devices

Purpose

To amend the penal law section 265.37 restricting more than seven rounds of ammunition from being loaded into a lawful firearm and to permit a lawful ten-round magazine to be loaded to capacity.

Summary of specific provisions

Section 1 repeals § 265.37 of the penal law. Section 2 provides the effective date.

Justification

This legislation repeals § 265.37 of the penal law which prohibits more than seven rounds of ammunition from being loaded into lawful firearm ammunition magazines. Adopted in 2013, this provision came about through the enactment of the Secure Ammunition and Firearms Enforcement Act. While New York Law permits the purchase, possession, and sale of ammunition magazines that hold up to ten rounds of ammunition, § 265.37 restricts these legal firearms from containing their actual capacity.

The act, and in particular, the seven-round restriction, violates the Second Amendment of the United States Constitution, as well as the Civil Rights law of the State of New York. The Second Amendment guarantees individuals the "right of the people to keep and bear Arms." This amendment has been interpreted by the Supreme Court to "guarantee the individual right to possess and carry weapons in case of confrontation." (District of Columbia v. Heller). The Court has also found that that individual self-defense is the central component of the Second Amendment right. (Heller). Furthermore, the Supreme Court has also held that the Second Amendment is fully applicable to the states, thus New York State may not impede the right of individuals to possess and carry weapons in case of confrontation. (McDonald v. Chicago).

The prohibition on fully loading a ten-round magazine precisely impedes the right of individuals to possess weapons in case of confrontation for self-defense. An individual using a firearm in self-defense should have the most rounds of ammunition available loaded in a lawful magazine in order to properly defend ones-self. A person with a fully loaded magazine is better able to defend herself from a violent attacker than a person who only has seven rounds of ammunition available in the firearm before it requires reloading. Lawful firearms used for self-defense are not dangerous and unusual weapons that may be constitutionally prohibited by the states.

Furthermore, this restriction has a detrimental effect on all legal gun owners, including hunters and sportsmen. The only exception to the seven-round limit is for shooting ranges, where ten round magazines may be loaded to capacity. This creates an environment in the state that is hostile to gun manufacture and ownership.

Section 265.37 impermissibly restricts an individual's right to self-defense and creates an antagonistic atmosphere in this state towards legal gun ownership. Lawful firearms containing lawful magazines should be loaded to their capacity. This legislation

restores the limit on rounds of ammunition that may be loaded into a firearm. The restoration of this provision is consistent with the

Second Amendment's right to bear and the amendment's integral protection of self defense. As such, and for all the aforementioned reasons, this legislation should be passed.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.