New York: Penalty for 8 11 rounds in a magazine more severe than being repeat child molester (Update)

radioviceonline.com / By Steve McGough / February 25, 2013 at 8:49 am

Common sense gun legislation. Having eight rounds in a 10 round magazine, or having magazines with more than a 10 round capacity in New York will be is defined as criminal possession of a weapon in the third degree; a “Class D Violent Felony.” Wondering what some class E felonies in New York are?

Update 2 (Feb. 26. 7 a.m. ET): I have a correction and clarification for readers. If you go to this link, you’ll see that Section 8 of § 265.02 is being amended, excluding eight, nine and 10 round magazines from the definition of a large capacity magazine. There is a new section effective March 16, 2013 that changes the penalty class for possession of eight, nine and 10 round magazines (§ 265.36) to be a Class A Misdemeanor. That said, possession of – for an example – a standard capacity 13-round magazine for a 9mm SIG Sauer P229 or any magazines holding more than 11 rounds is and will be a Class D Violent Felony, even for owners who possessed large capacity magazines prior to Sept. 1994 when possession was grandfathered.)

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Note that 265.02 is listed as a class D violent felony.

§ 265.02 Criminal possession of a weapon in the third degree. A person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person’s home or place of business; or (6) Such person knowingly possesses any disguised gun; or (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device. Criminal possession of a weapon in the third degree is a class D felony.

Listed below the fold are a few crimes in New York that are class E felonies and A misdemeanors which are one or two arrest levels below a class D felony. You’ll be shocked, but this is part of the game. With the threat of a class D felony, legislators and prosecutors will figure those arrested on the charges will take a misdemeanor plea instead of going to court to fight. They want to discourage the creation of a Supreme Court test case. The original list seems to have shown up at Northeast Shooters, but I can not be certain. It’s been published elsewhere during the weekend.

Yes, I’ve taken the time to verify every one of them. Click on a link to confirm for yourself. These lawmakers in New York really went all out with the fast-track legislation, and they really hate gun owners. A friend of mine wrote the following:

Of course it is worse than kiddy porn or rape. You can’t use either to put down tyranny. And when you are in the business of tyranny, you fear that kind of stuff

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