New York: Penalty for 11 rounds in a magazine as severe as sexual conduct against a child (Update)

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 4 (Feb 26 at 6:10 p.m.) At this point, just go and read this new post since I did a better job explaining everything there. PLEASE GO THERE as it will be easier to read and understand.

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.) 

Update 3 (Feb. 26 at 4:50 p.m. ET) Also note, my headline originally stated more severe and I changed it to read as severe as. I also changed the reference to child molestation to the more specific sexual conduct against a child

Feel free to review the text of New York § 265.02, but here is the statute. Scroll to bottom of post for an update. Thanks for all the Facebook Likes … Keep them coming! 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.

sig-p229-roundsListed 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.

  • 120.70 – Luring a child | E Felony
  • 121.11 – Criminal obstruction of breathing or blood circulation | A Misdemeanor
  • 125.10 – Criminally negligent homicide | E Felony
  • 130.20 – Sexual misconduct | A Misdemeanor
  • 130.25 – Rape 3rd degree | E Felony
  • 130.40 – Criminal sexual act 3rd degree | E Felony
  • 130.52 – Forcible touching | A Misdemeanor
  • 130.53 – Persistent sexual abuse | E Felony (Referenced in headline.)
    A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.
  • 130.65A – Aggravated sexual abuse 4th degree | E Felony
  • 130.85 – Female genital mutilation | E Felony
  • 135.05 – Unlawful imprisonment 2nd degree | A Misdemeanor
  • 135.10 – Unlawful imprisonment 1st degree | E Felony
  • 135.45 – Custodial interference 2nd degree | A Misdemeanor
  • 135.50 – Custodial interference 1st degree | E Felony
  • 135.55 – Substitution of children | E Felony
  • 135.60 – Coercion 2nd degree | A Misdemeanor
  • 150.01 – 5th degree Arson | A Misdemeanor
  • 150.05 – 4th degree Arson | E Felony
  • 178.10 – 4th degree Criminal diversion of prescription medications and prescriptions | A Misdemeanor
  • 178.15 – 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony
  • 220.28 – Use of a child to commit a controlled substance offense | E Felony
  • 240.05 – Riot 2nd degree | A Misdemeanor
  • 240.06 – Riot 1st degree | E Felony
  • 240.08 – Inciting to riot | A Misdemeanor 240.10 – Unlawful assembly | B Misdemeanor
  • 240.15 – Criminal anarchy | E Felony
  • 240.20 – Disorderly conduct | Violation
  • 240.61 – Placing a false bomb or hazardous substance 2nd degree | E Felony
  • 250.45 – Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification)
  • 255.25 – Incest 3rd degree | E Felony
  • 263.11 – Possessing an obscene sexual performance by a child | E Felony
  • 263.16 – Possessing a sexual performance by a child | E Felony

Update: In the comments, ricbee asked for a listing of some class D felonies. You’ve got it. Here is a complete list of penal law crimes in the state of New York. You can go to the link provided and sort through all crimes. Again, the “class” of these violations are Class D Violent Felonies, and they include having eight 11 rounds in a magazine – Criminal possession of a weapon in the third degree. Click here for a direct link to the current law referenced online.

Penal Law OffenseCode
Assault in the second degree120.05
Menacing a police officer or peace officer120.18
Stalking in the first degree120.6
Strangulation in the second degree121.12
Rape in the second degree130.3
Criminal sexual act in the second degree130.45
Sexual abuse in the first degree130.65
Course of sexual conduct against a child in the second degree130.8
Aggravated sexual abuse in the third degree130.66
Facilitating a sex offense with a controlled substance130.9
Criminal possession of a weapon in the third degree265.02
Criminal sale of a firearm in the third degree265.11
Intimidating a victim or witness in the second degree215.16
Soliciting or providing support for an act of terrorism in the second degree490.1
Making a terroristic threat490.2
Falsely reporting an incident in the first degree240.6
Placing a false bomb or hazardous substance in the first degree240.62
Placing a false bomb or hazardous substance in a sports stadium or arena mass transportation facility or enclosed shopping mall240.63
Aggravated unpermitted use of indoor pyrotechnics in the first degree405.18
31 replies
  1. SeeingRed
    SeeingRed says:

    Excellent post, Steve – thanks for the great work.? This SHOULD be widely disseminated.? Let’s see if national media like Bill O’Reilly bites into this.? He’s all?about Meaghan’s Law advocacy and I’d think interested in NY’s interpretation of child molestation vs. a owners of a 9mm mag with 8….? I’m betting he deosn’t have the proverbial cashews.

  2. Plainvillian
    Plainvillian says:

    Could 240.15 be counter to the 1st amendment?? Could 240.15 be applied against peaceful religious organizations??

  3. JBS
    JBS says:

    So, let me get all of this straight . . . mere possession of a magazine (NOT a clip) w/ a capacity of over 7-rounds is verboten — an automatic felony. A pistol with a greater than (>) 7-round standard magazine in now effectively outlawed — until the manufacturer or the after-market manufactures NY compliant magazines. They have effectively made a great many rifles and pistols illegal until fitted with 7-round (or less)? magazines. Next year, the NY legislature, in its great wisdom, could amend their horrid edict, and redefine a magazine’s maximum capacity to, say six or less. Manufacturers would be faced with an impossible task. Firearms could be defined, by their existing magazines, as illegal. Owners would be in a quandary; faced with unavailability of compliant magazines, law-abiding gun owners would be effectively disarmed.
    Simply loading only seven rounds into a, say, 10-round magazine, would not be legal. I can bet that putting a plug or block into a >7-round magazine (done in some hunting situations) would be similarly illegal. To borrow an old Army phrase, that firearm is now deadlined for want of a legal (in NY) magazine.
    Does anyone follow the logic I have…

    • Steve McGough
      Steve McGough says:

      If you have 10 rounders, you are allowed to keep them but you must download them to a maximum of seven rounds. Prior to this new law, any magazines larger than 10 rounds were already banned in New York. If you have an older, pre-1994 magazines that hold more than 10 rounds and were grandfathered in last time, you have to get rid of them (sell out-of-state) or turn them in.

    • Steve McGough
      Steve McGough says:

      Ex-post-facto is usually not applied to the ownership of property, as the Heritage link notes. But it’s still obviously stupid to tell people what they personally own today, will be illegal tomorrow.


      Where would that end? Could they tell you to sell your SUV to someone out-of-state or have it destroyed in the next 30 days “for the good of the people?” Think climate change regulation…

  4. yeah
    yeah says:

    “Laws?? We write.? You Obey.? We dont care if its against the constitution or not, hadnt you heard we’re now beholden to the laws of men in all of their arbitrary extent?”

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