by If you answered “Kiddie Porn” to the question posed in the headline, you are an objective, rational person. If you answered “an 8-round magazine”, you might be a member of the New York State Assembly or State Senate.
Arma Borealis has a very interesting post up that shows how New York State criminal statutes treat such crimes as possessing child pornography, arson, rape, riot, and negligent homicide. They all are classed as a lower-degree offense than the possession of a new greater than 7-round magazine produced after the enactment date of the NY SAFE law. That law treats the magazine possession as a Class D felony.
I just shake my head in disgust at the misplaced priorities of Governor Andrew Cuomo (D-NY) and the state legislators in New York.
CORRECTION: As much as I’d like to believe that the gun prohibitionists in the New York Assembly and State Senate made possession of a greater than 8-round magazine a Class D felony, that is incorrect. Miguel at the Gun Free Zone corrected me on that. It is either a Class B or Class A misdemeanor depending on whether it is a first or subsequent offense and whether it was possessed inside or outside the home. The section of the law in question is below.
I should take this as a reminder to check and double check something that is just too good to be true.
UNLAWFUL POSSESSION OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE IS A
40 CLASS A MISDEMEANOR.
41 S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
42 IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS AN AMMUNITION
43 FEEDING DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
44 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
45 THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
46 CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI-
47 TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
48 IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
49 POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
50 DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
51 TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
52 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
53 TERM OF UP TO THREE MONTHS IMPRISONMENT.
54 IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
55 POSSESSED IN ANY LOCATION OTHER THAN THE HOME OF THE POSSESSOR, THE
56 PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF
S. 2230 25 A. 23881 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
2 TERM OF UP TO SIX MONTHS IMPRISONMENT, AND FOR A SECOND OFFENSE, BE
3 GUILTY OF A CLASS A MISDEMEANOR.