yes, the cops will check the rounds in your magazine - Page 2
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Thread: yes, the cops will check the rounds in your magazine

  1. #26
    Colonel RochPersDef's Avatar
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    Far too many issues here>

    What was his probable cause for pulling you over? Did he articulate what he felt was a true reason to stop you, other than being out after 2?

    There are no official procedures (as far as I was able to find out) that require an LEO to remove your lawfully concealed and carried handgun, remove the magazine, and count the rounds - UNLESS you were in the commission of a crime.

    This trooper was seriously overreaching and was way outside his scope of authority.

    If you were driving in a proper and legal manner , there is no basis to conduct a stop. If you produced a valid license to carry, then there still is no crime.

    2015: The 2nd Circuit Court of US Court of Appeals made the ruling that 10rds was legally binding throughout the state. This ruling has yet to be challenged and in thus the law throughout the state.
    MOST DA's will not charge you UNLESS you are committing a crime. There are some counties IN NY that still follow the original law definition of 7rds but the case will get thrown out.

    No, there is no allowance or exemption of the law for someone to use a standard cap (over 10rds) at a range, on private property, or elsewhere in NY State. No exemption for former LEO unless retired and qualified under HR218.

    Even out of staters that come here for competition have to follow the 10rd limit.

    Feel free to email me or call me with any questions.
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  2. #27
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    Quote Originally Posted by boscobeans View Post
    A simple phone call to the NY Safe ACT and here is the answer.

    The 7 round limit has been changed. You can now have your 10 round pistol magazines loaded to capacity.

    10 in the mag and one in the chamber.

    As per phone call this morning at 9:20 am.
    1-800-790-8596
    I’ve been saying this for a long time on different forums. The state has a number for us. We might as well chat daily with them! Thanks! Be safe
    boscobeans likes this.

  3. #28
    Sergeant Clancy's Avatar
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    Quote Originally Posted by RochPersDef View Post
    Far too many issues here>

    What was his probable cause for pulling you over? Did he articulate what he felt was a true reason to stop you, other than being out after 2?

    There are no official procedures (as far as I was able to find out) that require an LEO to remove your lawfully concealed and carried handgun, remove the magazine, and count the rounds - UNLESS you were in the commission of a crime.

    This trooper was seriously overreaching and was way outside his scope of authority.

    If you were driving in a proper and legal manner , there is no basis to conduct a stop. If you produced a valid license to carry, then there still is no crime.

    2015: The 2nd Circuit Court of US Court of Appeals made the ruling that 10rds was legally binding throughout the state. This ruling has yet to be challenged and in thus the law throughout the state.
    MOST DA's will not charge you UNLESS you are committing a crime. There are some counties IN NY that still follow the original law definition of 7rds but the case will get thrown out.

    No, there is no allowance or exemption of the law for someone to use a standard cap (over 10rds) at a range, on private property, or elsewhere in NY State. No exemption for former LEO unless retired and qualified under HR218.

    Even out of staters that come here for competition have to follow the 10rd limit.

    Feel free to email me or call me with any questions.
    The trooper said he pulled me over for dim license plate lights. I don't know how he could tell, he came up on me with his brights on.

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  5. #29
    Corporal Motorcop43's Avatar
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    In my 30 years as a LEO, I have never treated a law abiding concealed carry holder that way. Totally unprofessional and completely unnecessary! Yes a lot of police are dicks, most are not! I would have made a complaint immediately after the incident! Be safe!
    "A well regulated Militia, being necessary to the security of a free State,the right of the people to keep and bear Arms, shall not be infringed."

  6. #30
    Private ResidentJew's Avatar
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    Your story is either made up or illegal. Contact a lawyer, the interaction was not lawful.
    nEw yOrK sTaDe UNriSdriCktiD PISSOHL PERMUT!!!!!!!!!!!!

  7. #31
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    Dirty license plate= dick move. Happened to me in a Jersey 30 years ago. I guess two white guys and one black guy with suits on was a signal of some nefarious intent.
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  8. #32
    Colonel ChrisWNY's Avatar
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    Even though this is a somewhat older thread, wanted to chime in...the 7-rd ban was struck down in a Federal Court soon after the unSAFE Act was forced unethically and illegally into State law by Cuomo. The 7-rd limit is not "the law." Was declared arbitrary and capricious by a federal judge. Any trooper stating otherwise does not know the law, and being caught with 8 rounds instead of 7 in a magazine is not a crime. Since the OP was not charged or arraigned for anything (except a non-moving violation that was or will probably be thrown out anyway in Court), the case is not worth pursuing any further. Anyone charged/arraigned in criminal court for possessing more than 7 rounds loaded in a mag (excluding hunting, the regs are different there...but for personal protection with a pistol, there is no 7-rd law) has a clear-cut deprivation of rights under colour of law (see US 42 section 1983) case against NYS, and can sue for damages, legal fees, the whole 9mm.

    There are bad apples in the bunch...bullies with a badge who don't appreciate citizens being armed. Use common sense, be courteous and honest in a traffic stop. 99% of the time it should go without much incident. I was stopped for speeding in the Adirondack region a couple of weeks ago...had an unloaded rifle in the back seat of my truck. Told the trooper the rifle was back there and that it was completely unloaded. He appreciated me being up-front and let me off the speeding infraction with a warning.
    Last edited by ChrisWNY; 10-01-2020 at 10:49 AM.
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  9. #33
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    Somewhere waaaay back before the big split there was a thread about number of rounds in the magazine as well as the legality of a LEO counting the rounds in your magazine when there was no firearm violation. i.e. traffic stop where for whatever reason LEO discovers you are legally in possession of a pistol.
    I believe that someone posted a letter written by the NYS police legal council indicating this. I believe it is an illegal search.
    I searched briefly and could not find it. Someone who is a better sleuth than me might be able to locate it.
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