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Tube Feed and Lever action Rifles, Does the 7 round limit apply?

12K views 38 replies 18 participants last post by  FlyRideRx7  
#1 ·
I recently purchased a Marlin Model 60 for plinking and target shooting. The gentleman at the gunstore that sold it to me tols me that because it's tube fed (13 rd capacity) that the 7 round limit doesn't apply, he said the same applys to lever action rifles. Is he correct or have i been given informartion that may get me arrested?
 
#2 ·
Your done. Just send it to my FFL, and I'll take it off your hands before you get into trouble. You can thank me later.
 
#7 ·
Before everyone gets confused again, in order to be exempt, a magazine must have ALL of the following qualities:

1. .22 Rimfire
2. Tube Fed
3. Attached

If any one of them is missing, the max capacity is 10 and you can only load 7, unless you are at a range, then you can load 10.

This affects all guns. Bolt, lever, semi, .22, etc.

The magazine ban and the AWB are totally separate.
 
#15 ·
Tube fed center fires of any action type are still not exempt as feeding device- any feeding device over ten round cap even attached to gun permanently can be considered a high capacity feeding device regardless of the type of gun it is attached to EXCePt 22 rimfire tubes. The 7/10 max still applies. So yes the way the law was written a Winchester 1873 made in 1900 with a fourteen round tube is arestricted mag ! It is not an assault weapon but the magazine is a high cap. No there is no way to makes sense of this because it does not. It would fall into the curio and relic exemption but what about along barrel 44 mag with a cap of 12? Yep restricted high cap feeding device!
 
#16 · (Edited)
Bans possession of any "high-capacity magazines" regardless of when they were made or sold. The maximum capacity for all magazines is remains 10 rounds. It is a "Class D Violent Felony" to load more than 7 rounds into a magazine, even at home, for personal and family protection. There is a limited exception, while at a gun range, ten rounds may be loaded into a magazine for target practice or in shooting competitions. Otherwise, simply the loading of an eighth round into a magazine is a more severe crime under the SAFE Act, than criminally negligent homicide, a "Class E Felony" under NYS law. Magazines owned before passage of the SAFE Act able to hold seven to ten rounds can be possessed, but cannot be loaded with more than seven rounds. .22 caliber tubular magazines are exempt from this limit. Previously legal "pre-1994-ban" magazines with a capacity of 30 rounds are not exempt, and must be sold within one year to an out-of-state resident or turned in to local authorities. The magazine limit took effect April 15, 2013.
 
#19 ·
The fact we are even discussing this is stupid.
 
#31 ·
I believe this is the law...

Magazine capacity
Effective April 15, 2013, only magazines that contain seven rounds of ammunition or less can be sold in New York. Magazines that can hold more than seven rounds but not more than ten rounds and are currently possessed will be grandfathered, but may only be loaded with seven rounds. By January 15, 2014, magazines that have the capacity to hold more than ten rounds of ammunition that were grandfathered by 1994 legislation must be discarded or sold to a licensed dealer or an out-of-state purchaser. Exceptions are made for large capacity magazines that are curios or relics.
Exemptions to allow manufacturers, licensed dealers and police officers to possess large capacity magazines continue to apply, except for an apparent drafting error in the NY SAFE Act that can read to prohibit anyone from possessing a magazine that is loaded with more than seven rounds. The exemption provided by Penal Law §265.20(a)(8) for manufacturers of “large capacity ammunition feeding devices”, etc. was unchanged, so that Section 265.02(8), which makes possession of a “large capacity ammunition feeding device” a class D felony wouldn’t apply to a manufacturer, even though the definition of a “large capacity ammunition feeding devices” has been expanded. This would be the end of the discussion except that the SAFE Act added two new sections banning certain magazines that are not exempted by Section 265.20:
• Penal Law § 265.36: Makes it a class A misdemeanor to knowingly possess a “greater than ten” magazine manufactured before 9/13/1994, if owned before 1/15/2013.
• Penal Law § 265.37: Makes it a class A misdemeanor to knowingly possess an “ammunition feeding device” that was possessed before 1/15/2013 if it has a capacity of “more than seven but less than ten” if loaded with more than seven.