In New York, a large capacity ammunition feeding device is any magazine, belt, drum, feed strip, or similar device that holds more than ten rounds of ammunition, and possessing, making, transporting, or transferring one is a class D felony carrying up to seven years in prison. A few narrow exemptions apply, and someone who ends up with an illegal magazine can voluntarily surrender it to avoid a possession charge.1New York State Senate. NY Penal Law § 265.002New York State Senate. NY Penal Law § 265.02
What Counts as a Large Capacity Magazine
The ten-round threshold is the line. A magazine, belt, drum, feed strip, or similar device that holds more than ten rounds is a large capacity ammunition feeding device under New York law. So is any device that can be readily restored or converted to hold more than ten. The classification attaches to the device itself, whether it is loaded, empty, inside a firearm, or sitting on a shelf.1New York State Senate. NY Penal Law § 265.00
Two narrow carve-outs exist in the definition: antique feeding devices classified as curios or relics, and certain .22 caliber rimfire devices that are permanently attached to a firearm.1New York State Senate. NY Penal Law § 265.00
The SAFE Act of 2013 removed earlier allowances for pre-ban magazines, so grandfathered high-capacity magazines are no longer legal to keep in their original form.3NY Gun Safety. Resources for Gun Owners
What the Law Prohibits
Knowing possession is enough. You do not have to load the magazine, attach it to a firearm, or intend to use it for anything. Simply having it is the offense.2New York State Senate. NY Penal Law § 265.02
The statute also reaches:4New York State Senate. NY Penal Law § 265.101New York State Senate. NY Penal Law § 265.00
- Manufacturing a large capacity ammunition feeding device.
- Shipping or transporting one within New York.
- Disposing of one, which includes selling, giving away, or gifting it.
If you want to keep a magazine that once held more than ten rounds, it has to be permanently modified so it can only hold ten. Temporary fixes, such as a removable capacity limiter, may not satisfy the law for hunters or general owners.5NY Gun Safety. Resources for Hunters
Who Is Exempt
Active-duty police officers are exempt. So are members of the U.S. Armed Forces and the National Guard when performing official duties or otherwise authorized by law. Retired law enforcement officers have a limited exemption if the magazine was issued or purchased during their service and they meet re-qualification requirements, including qualifying with their firearm at least once every three years.6New York State Senate. NY Penal Law § 265.20
Licensed gunsmiths and firearms dealers may possess high-capacity magazines for repair, transport, or sale to authorized parties such as law enforcement agencies or out-of-state buyers. Dealers are subject to strict handling rules.6New York State Senate. NY Penal Law § 265.207NY Gun Safety. Resources for Gun Dealers
Penalties
Possession of an illegal magazine is criminal possession of a weapon in the third degree, a class D felony punishable by up to seven years in prison. A felony conviction also brings the permanent loss of firearm rights and can affect future employment.2New York State Senate. NY Penal Law § 265.028New York State Senate. NY Penal Law § 70.00
Manufacturing, transporting, or disposing of a large capacity ammunition feeding device is also a class D felony. Cases involving multiple devices tend to draw heavier prosecution.4New York State Senate. NY Penal Law § 265.10
How to Surrender an Illegal Magazine
If you discover you have a magazine that violates the law, a voluntary surrender can give you limited immunity from the possession charge for that specific item. The surrender has to go to a designated official: the Superintendent of the State Police, a county sheriff, or the head of a municipal police force. The immunity is narrow and does not cover other crimes tied to the device.9New York State Senate. NY Penal Law § 265.20 – Section: (a)(1)(f)
New York also runs periodic gun buyback events, sometimes described as no-questions-asked amnesty programs, which can serve as a safe disposal channel for accessories as well as firearms. Compensation at these events is generally reserved for firearms, so a magazine alone may not qualify for payment. Calling your local police department before turning anything in is the safest way to arrange a lawful drop-off.10NY Attorney General. Attorney General James to Host Statewide Gun Buyback