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So I find out that the XD sub-compact 40 S&W has a 9 round magazine and many XD owners use these magazines in their XD sub compact 9mm and it will hold 13 rounds. So my question is legality. This should be legal since the magazine is design only to hold 10 rounds, right?

James
 

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This is the definition relevant.

"Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, manufactured after September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

I would say you are definitely breaking the law if you use it to hold more then 10 rounds of 9mm.
I would say its iffy on using it to hold 9 rounds as designed. I would not sweat it though because my
defense would revolve around being able to legally purchase it from a gun shop and the fact that your
county added the pistol in which its magazines are capable of holding more then 10 of a different caliber
to your permit. Plus what you read is internet "rumor" and since you never tried it to begin with you did
not know if it was true.

Edit: NYS law also says words not defined are to have there fair value of meaning to be used. So this is the definition of capacity that could be imported to interpret the law. This definition is taken from the mariam-webster dictionary

a : the potential or suitability for holding, storing, or accommodating <a large seating capacity>
b : the maximum amount or number that can be contained or accommodated <a jug with a one-gallon capacity> <the auditorium was filled to capacity>
 

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I don't know of a ruling/case that proves it one way or the other but you wouldn't catch me being a test case for it. I would have an easy time arguing that you violated the law, as would a DA.
 

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I could swear my XD subcompact 40 is a 10 round magazine. Both short and extended.

Want me to see how many 9mm i can cram into it?
I belive there are two kinds of subcompact mags. New and old. No clue what the physical differences are but they are different capacities.

Mine (older) is 9 rounds of .40. I think the newer mags are 10 rounds of 40. The newer 9mm mags (in free states) hold 13 and sit flush with the bottom of the gun. The older 9mm mags held 10 rounds.
 

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I don't know of a ruling/case that proves it one way or the other but you wouldn't catch me being a test case for it. I would have an easy time arguing that you violated the law, as would a DA.
Well it is a "legal from the factory magazine" so the DA would have a hard time arguing that it was an illegal feeding device. They would not have a hard time saying using it improperly to place a smaller caliber in it was a crime though.

Another note a 20 round AR-15 mag only hold five (and feed) 450 bushmaster rounds. The 450 bushmaster mag will not hold 20 rounds of 223 though (feed lips too far apart). Would grabbing post ban AR-15 20 rounders and changing the follower to the 450 bushmaster make them a legal magazine in NY? Their capacity is only 5 rounds.
 

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Well it is a "legal from the factory magazine" so the DA would have a hard time arguing that it was an illegal feeding device. They would not have a hard time saying using it improperly to place a smaller caliber in it was a crime though.

Another note a 20 round AR-15 mag only hold five (and feed) 450 bushmaster rounds. The 450 bushmaster mag will not hold 20 rounds of 223 though (feed lips too far apart). Would grabbing post ban AR-15 20 rounders and changing the follower to the 450 bushmaster make them a legal magazine in NY? Their capacity is only 5 rounds.
No IMO it would not because it can be readily restored to hold more the 10 rounds of 5.56
 

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No IMO it would not because it can be readily restored to hold more the 10 rounds of 5.56
If you modified the feed lips to no be able to hold the 5.56 ammo it would be a legal magazine, yes? Most people could not tell the difference in the magazines, so a DA may try to argue that the legal 450 bushmaster could be converted to a 5.56 illegal magazine.

Using the 40 to hold 9 would be illegal but the magazine is still a legal magazine.
 

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When you say "old" how old do you mean? I think I got mine in '08 or '09
I don't recall. Sometime around '09 or '10? It was always 9 of .40 or 10 of 9mm. Then I started seeing advertisements for the subcompacts in gun magazines (the kind you read) showing 10 rounds of .40 and 13 of 9mm, both flush fit.

Pretty sure you can search google for "megazines" and find info on them. I'm behind a work filter.
 

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If you modified the feed lips to no be able to hold the 5.56 ammo it would be a legal magazine, yes? Most people could not tell the difference in the magazines, so a DA may try to argue that the legal 450 bushmaster could be converted to a 5.56 illegal magazine.

Using the 40 to hold 9 would be illegal but the magazine is still a legal magazine.
If you modify a magazine would that be considered manufacturing by altering the feed lips to take a different caliber to work in a different rifle? I think overall though its a grey area and in all grey areas for the most part you should assume NYS will win and they hate firearms so I am not going to take that risk.
 

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Is there any law against manufacturing my own magazine? I could manufacture my own AR
Sure is, making your own "high capacity" magazine is a double whammy for not just possessing, but making it as well, especially since it was made well after 1994, you could try and say you made them back before 1994 I suppose and you could get away with it, but I wouldn't try it.
 

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Is there any law against manufacturing my own magazine? I could manufacture my own AR
None that I am aware of as long as it complies with the laws of the state you are living in. The ATF is not concerned with magazines as muchas they are parts that are considered receivers. If you have a business license then you could manufacture what ever you wanted to sell where ever they are legal to do so.
 

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Sure is, making your own "high capacity" magazine is a double whammy for not just possessing, but making it as well, especially since it was made well after 1994, you could try and say you made them back before 1994 I suppose and you could get away with it, but I wouldn't try it.
The manufacturing question was in regards to making a 20 round AR mag hold 5 rounds.

No one is suggesting manufacturing high capacity magazines but thank you for the advise of "lie about the manufacture date"

Next time please pay attention and stop suggesting forum members commit felonies even if "you wouldn't try it"
 

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The manufacturing question was in regards to making a 20 round AR mag hold 5 rounds.

No one is suggesting manufacturing high capacity magazines but thank you for the advise of "lie about the manufacture date"

Next time please pay attention and stop suggesting forum members commit felonies even if "you wouldn't try it"
The problem you would have is that in NY you would have to have an FFL to possess the post ban magazines in the first place.
 

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The problem you would have is that in NY you would have to have an FFL to possess the post ban magazines in the first place.
I see your point with the 20 round mag body.

Maybe the proper NY question should be
If it was a 20 round preban you are mod'ing to 5 rounds to hunt with is it legal to possess since you "manufactured" it?
 

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I see your point with the 20 round mag body.

Maybe the proper NY question should be
If it was a 20 round preban you are mod'ing to 5 rounds to hunt with is it legal to possess since you "manufactured" it?
You are not making an illegal magazine or feeding device, so why wouldn't it be? All you have to do is order a magazine block and you are golden. The mag is a legal preban inserting the mag block would make it hunting legal then removing it would make it still a legal mag. As long as you are hunting it can only hold 5 rounds. In the case of the 450 bushmaster all you would really have to do is load the preban 20 (223) with 5 rounds of 450 and you have a legal hunting mag (as long as you are not carrying a AR in 223 as well).

Look at it another way. Your home defense shotgun holds 8 rounds in the tube but, you want to take it hunting so you insert a dowel in it that limits the tube to 2 rounds. Is it legal to hunt with ? Yes as long as the capacity is limited to the hunting legal limit.
 

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I see your point with the 20 round mag body.

Maybe the proper NY question should be
If it was a 20 round preban you are mod'ing to 5 rounds to hunt with is it legal to possess since you "manufactured" it?
Modifying a magazine is not considered manufacturing a magazine unless it is no longer usabale in the firearm it was originally intended to be used in. At least at the federal level.
 
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