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Does this make a Model 12 illegal in NYC?

Discussion in 'Shooting Related Threads' started by Bushmaster1313, Nov 15, 2009.

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  1. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    Under 10.301 an "ammunition feeding device" includes:

    17. "Ammunition feeding device." Magazines, belts, feedstrips, drums
    or clips capable of being attached to or utilized with firearms, rifles,
    shotguns or assault weapons.

    This might include a tubular magazine for use with a Model 12, and if so, the model 12 would be no good under 10.306(b):

    b. No person may possess an ammunition feeding device which is
    designed for use in a rifle or shotgun and which is capable of holding
    more than five rounds of rifle or shotgun ammunition, unless such person
    is exempt from subdivision a of section 10-303.1 pursuant to section
    10-305, provided that a dealer in rifles and shotguns may possess such
    ammunition feeding devices for the purpose of disposition authorized
    pursuant to subdivision a of this section.

    Any New York City Firearms legal experts out there to comment?
     
  2. wayneo

    wayneo Active Member

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    I'm not a NYC expert, but the mag tube on a model 12 is an integral part of the receiver. Attached at the factory and meant to be a permanent part of the shotgun. In all actuality if you put a shell into the chamber end of your barrel, that is also a magazine. Keep your federal duck plug in the mag. tube. Makes it 3 rounds max. Wayne
     
  3. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    That's the rub.


    If the magazine is attached to the gun is it still an "ammunition feeding device" that will earn you a one way trip to the pokey?

    A prosecutor could argue that "a fixed magazine" is still "a magazine".

    I would not want to my liberty to ride on the answer to this question by a Liberal judge.

    For now my Model 12's stay out of NYC.
     
  4. wayneo

    wayneo Active Member

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    Bush, anything that holds or stores ammunition is a magazine. A mag tube, your car, pants pockets, shell pouch, etc. An ammo feeding device is the receiver.
     
  5. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Is the word "detachable" anywhere in the legislation?
     
  6. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    The NYC statute says that an "ammunition feeding device" includes a magazine.

    This is clearly intended to include removable magazine like the ones used in an AR-15,

    However, it could still apply to the fixed magazine sitting under the barrel of a Model 12.
     
  7. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    Brian:

    When the definition talks about capable of being attached would seem to indicated that at one point it was detached.

    However, once attached it would still be a magazine capable of being detached and attached to another gun!

    Did not see "detachable" in the regs or the statute

    The State statute exempts pump shotguns from being assault rifles (DUH), but the NYC regs go after evil six round magazines.

    Seem un-American to ban the Model 12
     
  8. jhoward

    jhoward Member

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    The section that you posted says "capable of holding more than 5 rounds". I believe that unless you've added an aftermarket, extended tube that the magazine on a Model 12 or an 870 only holds 5 rounds. Having one in the chamber should not count as that round is no longer in the magazine.
     
  9. eightbore

    eightbore Well-Known Member

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    Sorry, the Model 12 magazine holds six shells plus one in the chamber.
     
  10. pyrdek

    pyrdek Well-Known Member

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    What happens when some NYC "Firearms Expert" decides that because you can make a 12 Ga. shell that is only 2" long then the magazine is capable of holding more than what the law allows?

    You can expand the capability of a five round tubular magazine to six or maybe even seven rounds by using sub-length shells.
     
  11. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    The 2" shell makes possession of semi-automatic shotguns dicey in jurisdictions that restrict magazine capacity on semi-auto shotguns.
     
  12. redhawk44

    redhawk44 Member

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    Almost all 22 cal repeater rifles are capable of more than 5 rounds.

    As a rule when legislation such as this is written, there are exclusions for sporting rifles and shotguns already in service.

    I would bet that that is the case in NYC.
     
  13. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    What you say makes sense, but Liberals make no sense when it comes to guns!
     
  14. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    Just called the Rifle/Shotgun Section of the NYPD

    Model 12's are ILLEGAL in New York City

    My model 12's are glad I do not live there!
     
  15. dr.beav

    dr.beav Member

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    Guess you all better send your Model 12's to me so I can store them for you :=)) the beav
     
  16. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    I do not live there, but I have been tempted to go to the trap range on Staten Island.

    You can be sure that I will never go to NYC with any type of firearm.

    By the way, the Henry 22, which was used to teach my kids to shoot, is made but illegal to possess Brooklyn.
     
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