What's happening
This bill repeals laws on unlawful possession of certain ammunition feeding devices and related exemptions at firing ranges.
Why it matters
Eliminating Section 265.37 removes criminal penalties for possessing certain high-capacity ammunition feeding devices, which could lead to broader civilian access to these items. This may impact public safety debates and law enforcement practices regarding gun control.
Repealing exemptions for firing ranges (Paragraph 7-f) means there is no longer a special carve-out for using otherwise prohibited magazines at shooting ranges. This could affect how gun owners and ranges operate, potentially changing the types of equipment allowed during recreational or training activities.
The immediate effectivity of the act signals a swift policy shift, potentially creating a period of legal uncertainty as law enforcement and the public adjust to the new legal landscape regarding magazine possession. This could prompt quick changes in enforcement, compliance, and litigation.
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Who cares
Headline styles
Repeal High-Capacity Magazine Ban
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
479
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. OBERACKER, BORRELLO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to repeal section 265.37 and paragraph 7-f of subdivision a of section 265.20 of the penal law, relating to unlawful possession of certain ammunition feeding devices and the exemption of certain ammunition feeding devices at firing ranges
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 265.37 of the penal law is REPEALED.
§ 2. Paragraph 7-f of subdivision a of section 265.20 of the penal law is REPEALED.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01133-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to repeal section 265.37 and paragraph 7-f of subdivision a of section 265.20 of the penal law, relating to unlawful possession of certain ammunition feeding devices and the exemption of certain ammuni- tion feeding devices at firing ranges
Purpose
To repeal the provision of the SAFE Act that limits the number of legal- ly permissible cartridges in a semi-automatic firearm's magazine to seven, so that state law conforms to a federal court ruling.
Summary of provisions
Section 1 repeals a section of the SAFE Act which limits the number of legally permissible cartridges in a ten round magazine to seven, thus conforming state law to a federal court's decision finding this provision an unwarranted burden on the exercise of one's Second Amend- ment rights. Section 2 repeals the exemptions authorized for use of ten round magazines at specific locations or events. Section 3 provides for the effective date.
Read the full memo (629 words)
Existing law
Current law inexplicably limits the number of legally permissible cartridges in a ten round firearm magazine to seven, except at a shoot- ing range or sanctioned firearm match. It imposes harsh penalties for violations of the law, including fines and imprisonment.
Justification
This section of Governor Cuomo's SAFE Act poses an untenable and undem- onstrated theory that public safety is enhanced when lawful gun owners are denied by law from loading more than seven cartridges in firearm magazines manufactured for ten; and that criminals will observe the law and limit the discharge of their weapons in firearm-related crimes to the legal cap of seven in each of their magazines. Because ten rounds may be loaded in a magazine in certain other locations, the law invites violations due to oversight, travel between a range and home, or miscounting; and further imposes harsh penalties when a gun owner has more than seven cartridges in a magazine in a forbidden location. In addition, the law is vague in that a police officer might presume that a firearm with one cartridge in its chamber and seven in its magazine would have impermissibly had a total of eight (8) cartridges in the firearm in the first instance before the owner pulled the slide to place one cartridge in the chamber and thereby cocked the gun. Government has no special insight into how many cartridges a homeowner may need to protect his or her dwelling or family, and the provision impermissibly infringes on the rights of gun owners to secure their homes and persons.
In addition, the law allows more than seven cartridges in a magazine at a shooting range, but not in the house of the gun owner, where he or she is more likely to rely on a firearm for personal protection or defense against a home invasion. This dichotomy defies logic and is ludicrous in the extreme. Last, and to the point, this provision of the governor's signature gun control law was struck down by federal district court Judge William Skretny on December 31, 2013 (New York State Rifle and Pistol Associ- ation, et. al. v. Andrew M Cuomo); when he ruled that the provision was arbitrary and could not survive intermediate scrutiny. Judge Skretny's decision was upheld by the U.S. Court of Appeals for the Second Circuit on October of 2015.
For all of these reasons, and perhaps others, a number of the state's district attorneys and police agencies have declined to prosecute violations of this section of the SAFE Act. The state legislature should accept the federal courts decision and repeal the arbitrary limit.
This bill simply conforms state law to the federal decision.
Legislative history
S.2612A/A.5630 - 2015-2016
S.3966/A.6448 - 2017-2018
S.3936 - 2019-2020 S.5360 of 2021-2022
S.1170 of 2023-2024
Fiscal implications
None to the state
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.