Thanks for the link, and for the original post R4D.
I wonder if the brief article is leaving something out, like he is a convicted felon or something and if the existing laws would prevent him from having magazines? Which in itself can be debated. If someone is deemed to be fit to be out of prison, why can they not enjoy all of their God given rights?
Or - the cops are jumping the gun on the new laws.
and that "...existing law...already limited magazine capacity to ten rounds."
and "(8) Such person possesses a large capacity ammunition feeding device. Criminal possession of a weapon in the third degree is a class D felony."
Jefferson County Sheriff's Department (JCSO) - Facebook statement from yesterday
There has been a lot of interest in a recent JCSO arrest for criminal possession of a weapon in the third degree, which, contrary to what some are assuming, was unrelated to the NYSAFE Act, made before the NYSAFE Act existed, and before any details of the NYSAFE Act were known to the public or the law enforcement community.
Keep in mind an investigating agency has the advantage of knowing all of the facets of an incident, rather than just what you may have seen in the media. And as with any arrest, a defendant is given some privacy as well, which is why the public gets limited information.
As you have seen and read, the NYSAFE Act dropped magazine capacity from ten rounds to seven, meaning the existing law {PL §265.02 sub 8} already limited magazine capacity to ten rounds. PL §265.02(8) has been on the books, unchanged, in excess of 12 years:
§ 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:
(8) Such person possesses a large capacity ammunition feeding device. Criminal possession of a weapon in the third degree is a class D felony.
Definition:
23. "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.
http://www.facebook.com/pages/Jefferson-County-Sheriffs-Office/317908998223209