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Thread: LEOSA: New York City: Mag Restrictions

  1. #1
    banana republican blues's Avatar
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    LEOSA: New York City: Mag Restrictions

    The great thing about LEOSA is how each state interprets things.

    Are retired LEO's carrying under LEOSA in NYC exempt from the 10 round magazine restriction?

    According to an article in Wikipedia they are:

    Magazine size limited to 10 rounds. Law enforcement and retired law enforcement are exempt from the 10 round limit. Also exempt are antique high-quality magazines if registered to an associated antique assault weapon. Under the NY SAFE Act (signed on the 15th of January, 2013 by Gov. Andrew Cuomo) the magazine law was changed. A legal provision that mandated no more than 7 rounds that may be loaded into the magazine was struck down by a federal judge on December 31, 2013.
    Source: Gun Laws In NY

    I have to attend a wedding up there and intend to carry my G26 with a 12 round magazine (and 15 round spare) absent legal requirements to do otherwise.

    Would appreciate info from those living or working in NYC with knowledge of the particulars.

    Thanks in advance.
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  2. #2
    banana republican blues's Avatar
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    Also found this online:

    NOTICE OF AMENDMENT TO NY SAFE ACT
    AFFECTING RETIRED LAW ENFORCEMENT OFFICERS
    On July 5, 2013, Governor Cuomo signed an amendment to the NY SAFE Act that
    grants qualified retired law enforcement officers an exemption for large capacity
    magazine restrictions.
    Effective immediately, qualified retired New York or federal law enforcement
    officers (as defined in the NYS Penal Law*) are exempt from prosecution for violating
    large capacity magazine restrictions for guns that were issued or purchased in the
    course of official duties and owned at the time of retirement, or comparable
    replacements. Other guns not owned in the course of official duties prior to retirement
    are not exempt.
    Only exempt firearms can contain magazines that have a capacity of
    more than ten (10), or can have more than seven (7) in the magazine when not at a range.
    In order to maintain this exemption, retired law enforcement officers must meet
    qualification using standards for active law enforcement officers every three (3) years,
    and if retired more than eighteen months, they must qualify within eighteen months of
    enactment of this law (i.e. before January 5, 2015).
    My G26 was purchased and carried in the course of my federal LEO service.

    However, I am concerned by this:

    * The definition of “qualified retired New York or federal law enforcement officer” is contained in PL Section
    265.00(25), and includes among other things that the retiree has separated in good standing from a public agency
    located in New York State where they were employed for at least five years as a police officer, peace officer, or
    federal law enforcement officer,
    as those terms are defined in the Criminal Procedure Law, and that they are not
    otherwise prohibited from possessing a firearm.
    While I began my federal LEO career for the first few years in NYC, the bulk of it was spent out of NY, but for a public agency which was also located in NY state. The portion after the comma..."or federal law enforcement officer", leaves the entire issue completely muddied up imho, (as was probably the intent), but I read it as saying that it applies to any officer retiring either from a police agency located within NY State, or a federal law enforcement agency (regardless of location).

    It makes my head hurt.
    Last edited by blues; 07-27-2017 at 08:54 AM.
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  3. #3
    Site Supporter psalms144.1's Avatar
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    Blues - legally you're OK under LEOSA, exempt from magazine restrictions. As always, discretion bladdah bladdah bladdah, because I GUARANTEE that most state/local LE in NYistan don't know or care about who's exempted...

    Also the exemption authorizes "comparable replacements" so if you want to carry your Gen4, that's GTG as well.
    Last edited by psalms144.1; 07-27-2017 at 08:47 AM.

  4. #4
    banana republican blues's Avatar
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    Quote Originally Posted by psalms144.1 View Post
    Blues - legally you're OK under LEOSA, exempt from magazine restrictions. As always, discretion bladdah bladdah bladdah, because I GUARANTEE that most state/local LE in NYistan don't know or care about who's exempted...

    Also the exemption authorizes "comparable replacements" so if you want to carry your Gen4, that's GTG as well.
    Thanks, brother. I haven't bought the Gen4 yet but I plan on doing so in the near future to have a spare or replacement for the older Gen 2.5 G26.
    There's nothing civil about this war.

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  5. #5
    Member TGS's Avatar
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    Quote Originally Posted by blues View Post
    I have to attend a wedding up there and intend to carry my G26 with a 12 round magazine (and 15 round spare) absent legal requirements to do otherwise.

    Would appreciate info from those living or working in NYC with knowledge of the particulars.
    Some venues in the city prevent anyone but active NYPD from carrying, with physical security ranging from bag checks only, to mags/wanding, to pat-downs. Checking your weapon at a local precinct is a courtesy that has been extended to other LEOs, but I'm not sure if they'd extend it to retirees.

    So, I'd do some googling about the venue's security if it's in NYC. A lot of them used to have lock-boxes for LEOs/retirees but someone ruined that courtesy a few years back and most have been removed, and the PAPD won't secure your weapon for you if visiting ground zero either.

    ETA: Comic relief incoming. I checked my weapon at a PCT one time, and when I used the clearing barrel my chambered round fell into the clearing barrel, down to the bottom. Being a great guy trying to lookout for fellow officers, Loo insisted that we together turn the clearing barrel (a free-standing metal pipe that bends) upside down so I can have my chambered round back instead of being short a round. I said not to worry as I have extra ammo to top off with at home and at the office, not to mention my spare mag on me, but Loo was adamant that he didn't want me leaving -1 round. I didn't think anything of it, as all of our clearing barrels are filled with the hardened rubber.......

    So, I'm guessing that was the first time he had ever turned it over as well, because it was filled with sand which promptly destroyed the cleanliness of his workspace, along whatever other pocket trash cops had dumped in it, as well as a very nice collection of various types of ammunition which had met the same fate as my G2 Gold Dot. Being such a great guy, he insisted that I not try to help with cleanup so I didn't miss my show. Nice guy, I kinda felt bad leaving him (correction: their newest academy graduate) with the mess.
    Last edited by TGS; 07-27-2017 at 09:31 AM.
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  6. #6
    banana republican blues's Avatar
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    Quote Originally Posted by TGS View Post
    Some venues in the city prevent anyone but active NYPD from carrying, with physical security ranging from bag checks only, to mags/wanding, to pat-downs. Checking your weapon at a local precinct is a courtesy that has been extended to other LEOs, but I'm not sure if they'd extend it to retirees.

    So, I'd do some googling about the venue's security if it's in NYC. A lot of them used to have lock-boxes for LEOs but someone ruined that courtesy a few years back and most have been removed, and the PAPD won't secure your weapon for you if visiting ground zero either.
    Thanks, T. The reception is up in New Rochelle (as I recall) and I'll be limo'd up there from Ozone Park / Howard Beach. I think I'll lock the gat up that day so I can have a cocktail or two during the festivities. As for any other spur of the moment rambling around the city I'll definitely try to make sure I've got it covered before venturing out. Thanks for the heads up.
    There's nothing civil about this war.

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  7. #7
    In case the waters weren't muddy enough.

    https://en.wikipedia.org/wiki/NY_SAFE_Act

    Check out subsequent amendments section. There is a quote with reference to the Governors office about LEOs which may help clarify.

  8. #8
    banana republican blues's Avatar
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    Quote Originally Posted by psalms144.1 View Post
    Blues - legally you're OK under LEOSA, exempt from magazine restrictions. As always, discretion bladdah bladdah bladdah, because I GUARANTEE that most state/local LE in NYistan don't know or care about who's exempted...
    Due to my great faith and confidence in the government and all its agencies...and in an attempt to head 'em off at the pass, I keep a copy of HR 218 / LEOSA in the glove compartment along with the NC DOJ statute and verbiage regarding their state certified firearms qualification of retired officers under LEOSA.

    Plus, in an abundance of caution...I keep images of my FEDS LEOSA PLI policy and FLEOA cards, my current NC DOJ qualification card and my retired creds on my phone just in case.
    Last edited by blues; 07-27-2017 at 10:27 AM.
    There's nothing civil about this war.

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  9. #9
    Member GuanoLoco's Avatar
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    Just wall the whole damn city off already and call Snake Pliskin if you need something or someone to go in or come out.
    Are you now, or have you ever been a member of the Doodie Project?

  10. #10
    banana republican blues's Avatar
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    Quote Originally Posted by GuanoLoco View Post
    Just wall the whole damn city off already and call Snake Pliskin if you need something or someone to go in or come out.
    I actually got some folks I care about up there...so LEOSA is a good thing in that regard...and I don't think we really need to travel down that road in this thread in any case.
    There's nothing civil about this war.

    Read: Harrison Bergeron

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