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

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    Sergeant Clancy's Avatar
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    Default yes, the cops will check the rounds in your magazine

    I tend bar for a living, and itis common for me to get stopped at ealst once a week on my way home after I shut down at night. The attitude of the troopers in my county seems to be if you are out after 2am, you need to be investigated. I shut down Friday night at 3, and am on my way home around 3:30. I don't drink when I work, and I damn sure don't drink when I am armed. Trooper pulls me over, paperwork please, get out of the car, and are you armed? I say yes, tell him I have a pistol in a shoulder holster. I am immediately cuffed, disarmed, and he puts me in the back of his car while he checks my permit, and runs the serial number to see if it is stolen. He removes the magazine, and clears the weapon. He then empties the mag, and actually counts each round, 1, 2, 3, to 7 as he pulls each round out. It was an 8 round mag, and he looks at me with a smile and says smart man. Everything checks out, I get a ticket for a dirty license plate, am handed back my pistol, mag and bullets, and am sent on my way.

    If anyone here thinks the cops won't check to see if you are complying with the 7 round BS law in Prince Andrew's SAFE Act, you are very much mistaken.
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    Quote Originally Posted by Clancy View Post
    I tend bar for a living, and itis common for me to get stopped at ealst once a week on my way home after I shut down at night. The attitude of the troopers in my county seems to be if you are out after 2am, you need to be investigated. I shut down Friday night at 3, and am on my way home around 3:30. I don't drink when I work, and I damn sure don't drink when I am armed. Trooper pulls me over, paperwork please, get out of the car, and are you armed? I say yes, tell him I have a pistol in a shoulder holster. I am immediately cuffed, disarmed, and he puts me in the back of his car while he checks my permit, and runs the serial number to see if it is stolen. He removes the magazine, and clears the weapon. He then empties the mag, and actually counts each round, 1, 2, 3, to 7 as he pulls each round out. It was an 8 round mag, and he looks at me with a smile and says smart man. Everything checks out, I get a ticket for a dirty license plate, am handed back my pistol, mag and bullets, and am sent on my way.

    If anyone here thinks the cops won't check to see if you are complying with the 7 round BS law in Prince Andrew's SAFE Act, you are very much mistaken.
    The 7 round law is still on the books. it was never rescinded or amended, regardless what the Skretny ruling was, the 7 round max is still the law.
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    Did he ask to search your gun or you? I thought there was a court case recently stating they can’t search your gun with your permission or unless you were under arrest. They can search anything they want but if it’s an illegal search it will be thrown out along with anything they gain from that search. I can’t find it now and I have to go jelp
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    Quote Originally Posted by Saltwater60 View Post
    Did he ask to search your gun or you? I thought there was a court case recently stating they can’t search your gun with your permission or unless you were under arrest. They can search anything they want but if it’s an illegal search it will be thrown out along with anything they gain from that search. I can’t find it now and I have to go jelp
    my dad.

    He didn't ask, he just cuffed me and disarmed me after told him I was carrying. He took my permit, dropped the mag and cleared my weapon, ran the serial number and then counted the rounds as he emptied the magazine.

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    Dik. Plain and simple.
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    Interesting. Did you make mention that you were a lawful permit holder or just that you had a firearm ? This could cause the stop to go in one direction or the other. The fact you were detained and placed in cuffs leads me to believe initially there was some confusion.

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    That oathbreaker deserves to be hung for treason, so he just ordered you out of the car and cuffed you for a minor traffic offense?

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    Quote Originally Posted by 4 paws View Post
    Interesting. Did you make mention that you were a lawful permit holder or just that you had a firearm ? This could cause the stop to go in one direction or the other. The fact you were detained and placed in cuffs leads me to believe initially there was some confusion.
    When the trooper asked if I was armed I said yes, that I had a permit, and that my pistol was in a shoulder holster. I was told I was being cuffed for my protection as well as his. It is pretty much standard procedure with the troopers.

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    Quote Originally Posted by M_FC90 View Post
    That oathbreaker deserves to be hung for treason, so he just ordered you out of the car and cuffed you for a minor traffic offense?
    I was told to get out of my truck, and when he asked if I was armed and I said yes that was when I was cuffed. There was no traffic offense, other then him writing me a ticket for a dirty license plate. I imagine he had to write something up to justify the stop and then calling in the serial number of my pistol to see if it was stolen. It isn't the first time, I doubt it will be the last.

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    Quote Originally Posted by Clancy View Post
    I was told to get out of my truck, and when he asked if I was armed and I said yes that was when I was cuffed. There was no traffic offense, other then him writing me a ticket for a dirty license plate. I imagine he had to write something up to justify the stop and then calling in the serial number of my pistol to see if it was stolen. It isn't the first time, I doubt it will be the last.
    Isn't your pistol on your permit? I can see him running your driver licence...but checking the pistol???

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    strange, I have been stopped by Troopers several times, told them I had a permit and was armed. All didn't bat an eye, some Just asked where the gun was and that was it. One time it was in the glove compartment and said my registration and insurance was their with the gun so i had to open it up, he still didn't freak.

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    Quote Originally Posted by catskillman View Post
    strange, I have been stopped by Troopers several times, told them I had a permit and was armed. All didn't bat an eye, some Just asked where the gun was and that was it. One time it was in the glove compartment and said my registration and insurance was their with the gun so i had to open it up, he still didn't freak.
    I have had a trooper be cool when I told him I was armed, but the 2 other times I was asked and I told them I was cuffed and disarmed. I guess it is all how the individual trooper feels about people being armed. I have had a few tell me they thought no one other than cops should be allowed to carry a gun.

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    Quote Originally Posted by Vicarious View Post
    The 7 round law is still on the books. it was never rescinded or amended, regardless what the Skretny ruling was, the 7 round max is still the law.
    ...that has been struck down by the courts.

    I'm no lawyer, but when a court strikes down a law (partially or completely), that (portion of the) law is considered null and void. Unless the decision says otherwise, we do not need to wait for legislatures to re-write the law in order to start legally exercising whatever the law restricted.

    This trooper was just a dick - worse yet, an uninformed dick.
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    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    Quote Originally Posted by OwnTheRide View Post
    ...that has been struck down by the courts.

    I'm no lawyer, but when a court strikes down a law (partially or completely), that (portion of the) law is considered null and void. Unless the decision says otherwise, we do not need to wait for legislatures to re-write the law in order to start legally exercising whatever the law restricted.


    .
    There are plenty of DA's in the state who say they will still enforce the 7 round limit, including the one in Sullivan County, where I live. I am wondering now if the trooper just used the excuse of checking to see if the pistol as an excuse to check the rounds in the magazine.
    This trooper was just a dick - worse yet, an uninformed dick

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    Quote Originally Posted by OwnTheRide View Post
    ...that has been struck down by the courts.

    I'm no lawyer, but when a court strikes down a law (partially or completely), that (portion of the) law is considered null and void. Unless the decision says otherwise, we do not need to wait for legislatures to re-write the law in order to start legally exercising whatever the law restricted.

    This trooper was just a dick - worse yet, an uninformed dick.
    Technically, its only been struck down in
    the Western District of NY, and the law is still on the books as an enforceable law, a law has to be amended, or its still a law.

    https://psanded.com/7-or-10-rounds/
    Last edited by Vicarious; 03-04-2019 at 05:35 PM. Reason: new info

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    Quote Originally Posted by Vicarious View Post
    Technically, its only been struck down in
    the Western District of NY, and the law is still on the books as an enforceable law, a law has to be amended, or its still a law.

    https://psanded.com/7-or-10-rounds/
    Your information is outdated, though your link is not. The western-NY-only portion only applied until the 2nd circuit affirmed the ruling. It now applies statewide.

    The rest of the link just has some guy on the internet saying what he thinks. Nary a single citation to back up his claim that a struck law is still enforceable.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    I can’t see how a struck down law is still enforceable. It was declared unconstitutional. If it’s unconstitutional if you were charged and convicted would it not be overturned on appeal. I’m not lawyer or judge but that’s my understanding. I know people like the hype and hysteria.

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    Quote Originally Posted by OwnTheRide View Post
    Your information is outdated, though your link is not. The western-NY-only portion only applied until the 2nd circuit affirmed the ruling. It now applies statewide.

    The rest of the link just has some guy on the internet saying what he thinks. Nary a single citation to back up his claim that a struck law is still enforceable.
    Above is correct. However, IMO the big issue here is the "search" of the magazine. A little searching will find the issue of counting rounds in a magazine has been discussed before. Additionally I believe there is a copy of a letter from legal counsel for the NYSP to them affirming this. There was no probable cause or reasonable suspicion that warranted the search of the magazine. I suppose the cuffing, removing the weapon from OP's person and just MAYBE dropping the Magazine and clearing the chamber could be argued on the grounds of safety. But not the search of the magazine.
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    Gere you go:

    New PL section 265.37 had made it a crime to load any magazine with more than 7 rounds of ammunition, regardless of the capacity of the magazine. On December 31st, the United States District Court for the Western District of New York issued a decision as a result of challenges to various provisions of the New York Safe Act. While the federal district court upheld most of its provisions, the Court held that this section, "Unlawful Possession of Certain Ammunition Feeding Devices," was unconstitutional. As a result of the Court’s decision members are instructed not to enforce PL 265.37 at this time.

    To translate you cAN HAVE 10 ROUNDS.
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    While researching for a post in the other 7/10 round thread, I noticed something that may actually settle the dispute for some.

    From §265.00:

    23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that
    (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or
    * (b) contains more than seven rounds of ammunition, or
    (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition

    * NB Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch 57/2013 Pt. FF § 4
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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    Quote Originally Posted by OwnTheRide View Post
    While researching for a post in the other 7/10 round thread, I noticed something that may actually settle the dispute for some.

    From §265.00:

    23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that
    (a) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or
    * (b) contains more than seven rounds of ammunition, or
    (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition

    * NB Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch 57/2013 Pt. FF § 4
    I recorded the police hotline telling me it’s 10rds. I carry 10 and have no worries......it’s 10 for anything except mag fed shotguns, or tube fed .22. Perhaps an auto shotgun with more is also a problem. Be safe!
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    They can do anything they want in East Berlin. THe mafioso in charge doesn't care. You can leave or be disarmed and die a slow agonizing death under tyranny. It's all our choices because it is never going to change.

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    Quote Originally Posted by Schadenfreude View Post
    They can do anything they want in East Berlin. THe mafioso in charge doesn't care. You can leave or be disarmed and die a slow agonizing death under tyranny. It's all our choices because it is never going to change.
    Gotta agree there. Headed to the sunshine state in about 2 years. There is some headway with the NYC arguments and the Rochester one. I’m assuming this will eventually crack the safe act as well as other BS laws country wide. I did see where a local judge that tried to buy a shotgun with her sisters ID (she was on probation and restricted from buying) is arguing. Their argument is the gun was not loaded therefore not a firearm? If for some crazy reason that argument is accepted, there will be changes coming in our favor. Consigliere Cuomo will never let it happen though..........
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    First off if you were pulled over for a traffic infraction the Trooper shouldn’t have removed your gun and ran it. Your permit is for that. He was fishing.
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    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

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