What's happening
This bill allows New York residents to possess magazines holding more than seven but less than ten rounds at home for self-defense.
Why it matters
Expands legal options for home self-defense. By allowing possession of magazines holding more than 7 but less than 10 rounds at home, the bill gives residents greater flexibility in choosing firearms for self-defense, potentially affecting how people prepare for home protection.
Clarifies storage and legal boundaries. The exemption only applies if the magazines are kept in a "safe storage depository" in the home, highlighting the importance of secure firearm and ammunition storage and setting a legal boundary for where higher-capacity magazines can be kept.
Retroactive application. The law is made effective as of March 16, 2013, which could impact past or ongoing legal cases involving possession of these magazines, potentially leading to dismissals or changes in prosecution for affected individuals.
Repeals previous restrictions. By repealing a specific provision of existing law, the bill removes certain restrictions that previously criminalized possession of these magazines, signaling a shift in New York's approach to magazine capacity regulations within the context of home defense.
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Who cares
Headline styles
Allow Larger Magazines at Home
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
639
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the "defend our homes act" providing exemptions for ammunition feeding device capacity in homes; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "defend our homes act".
§ 2. Subdivision a of section 265.20 of the penal law is amended by adding a new paragraph 3-a to read as follows:
3-a. Possession of a magazine or similar ammunition feeding device that contains more than seven rounds of ammunition, but that does not have a capacity of or can readily be restored or converted to accept more than ten rounds, in a safe storage depository, as defined in section 265.45 of this article, in the home of the possessor for the protection of a person or property.
§ 3. The second undesignated paragraph of section 265.37 of the penal law is REPEALED.
§ 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on March 16, 2013.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05397-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to establishing the "defend our homes act" providing exemptions for ammunition feeding device capacity in homes; and to repeal certain provisions of such law relating thereto
Purpose or general idea of bill
Provides an exemption to the ammunition feeding device limit to less than 10 rounds in the confines of the possessor's home and repeals
Section 265.37 of the penal law.
Summary of specific provisions
Section 1. Titles this act as the "Defend Our Homes Act".
Section 2. Provides an exemption to the penal law, under Section 265.20, to allow for the possession of a magazine or ammunition feeding device with more than 7 rounds and not more than 10 rounds, stored in a safe storage depository, in the home of the possessor.
Section 3. Repeals Section 265.37 of the penal law.
Section 4. Effective date and deems to have been in full force as of March 16, 2013.
Justification
The arbitrary round limit for ammunition feeding devices imposed by the NY SAFE Act has no practical basis for existence. Therefore, for the purposes of defense within one's home, this legislation would allow the possessor to resume the previous 10 round limit for ammunition feeding devices, within the confines of one's home. In order to prevent the misuse of such allowance, like any firearm, it must be stored in a safe storage depository. The restoration of the 10 round limitation is a reasonable round limit and provides the possessor with reassurance in the event they should need to protect themselves or their property.
Prior legislative history
2015-2016: S.612 Died in Codes 2013-2014: S.4990 Died in Codes
Fiscal implications
None.
Effective date
Immediately and shall be deemed to have been in full force and effect on
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.