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State Legality MatrixMagazine Capacity LimitsNew York

New York Magazine Limit: 10 Rounds

Statute-cited, not legal advice, last verified 2026-10-20

Status
Restricted
Effective
2013-04-15
Verified
2026-10-20

Restricted

Yes. Bans possession of magazines over 10 rounds for handguns and long guns, including magazines manufactured before September 13, 1994. Limit: 10 rounds. Effective 2013-04-15.

Controlling law: N.Y. Penal Law § 265.00(23); § 265.36

Contested entry

Litigation Status and Details

SAFE Act (2013). New York has restricted these magazines since 2000; the SAFE Act eliminated the grandfather clause for magazines manufactured before September 1994, and § 265.36 makes possessing one a class A misdemeanor, with a defense for surrender or lawful disposal within 30 days of notice. The definition excludes attached .22 rimfire tubular devices and certain curio-or-relic feeding devices. The Second Circuit held the separate seven-round load limit unconstitutional in NYSRPA v. Cuomo (2015).

The statute in practice

New York Law in Detail

New York Penal Law section 265.00(23) defines a large capacity ammunition feeding device as a magazine, belt, drum, feed strip, or similar device that has a capacity of, or can be readily restored or converted to accept, more than 10 rounds. The definition excludes an attached .22 caliber rimfire tubular device and certain curio-or-relic feeding devices.

Section 265.36 makes it a class A misdemeanor to knowingly possess such a device manufactured before September 13, 1994, which ended the earlier grandfather for pre-1994 magazines; a person who reasonably believed the device was lawful and surrenders or disposes of it within 30 days of notice is not guilty. Section 265.37 still refers to a magazine loaded with more than seven rounds, but the Second Circuit held that seven-round load limit unconstitutional in 2015.

Sources

Federal law

Federal baseline

There is no federal magazine capacity limit; the 1994 federal assault weapons ban expired in 2004.

Federal baseline verified 2026-10-20. Scope: Detachable magazine round-count restrictions for handguns and long guns. States not listed have no capacity limit.

Common questions

Frequently Asked Questions

Does New York have a magazine capacity limit?

Yes. Bans possession of magazines over 10 rounds for handguns and long guns, including magazines manufactured before September 13, 1994. Limit: 10 rounds. Effective 2013-04-15. Controlling law: N.Y. Penal Law § 265.00(23); § 265.36.

What law covers magazines in New York?

The controlling law is N.Y. Penal Law § 265.00(23); § 265.36. Bans possession of magazines over 10 rounds for handguns and long guns, including magazines manufactured before September 13, 1994.

When did New York's magazine restriction take effect?

New York's rule took effect 2013-04-15. SAFE Act (2013). New York has restricted these magazines since 2000; the SAFE Act eliminated the grandfather clause for magazines manufactured before September 1994, and § 265.36 makes possessing one a class A misdemeanor, with a defense for surrender or lawful disposal within 30 days of notice. The definition excludes attached .22 rimfire tubular devices and certain curio-or-relic feeding devices. The Second Circuit held the separate seven-round load limit unconstitutional in NYSRPA v. Cuomo (2015).

What to buy

Compliant Magazines for Capped States

Living under a 10-round cap does not mean running junk magazines. These are factory and OEM-quality 10-round options that feed reliably and fit flush.

MDT Polymer AICS .308/6.5 Creedmoor 10-Round Magazine
Magazines & Feeding • $39.99

MDT Polymer AICS .308/6.5 Creedmoor 10-Round Magazine

  • 10-round capacity
  • AICS short-action pattern
$39.99
Shop at MDT
Ruger Mark IV 22/45 .22 LR 10-Round Factory Magazine
Magazines & Feeding • $44.59

Ruger Mark IV 22/45 .22 LR 10-Round Factory Magazine

  • 10-round capacity
  • .22 LR
$24.99$44.59Save 44%
Shop at GunMag Warehouse
CMMG .350 Legend 10-Round Magazine
Magazines & Feeding • $22.89

CMMG .350 Legend 10-Round Magazine

  • 10 rounds
  • .350 Legend
$39.49
View at OpticsPlanet
DuraMag 400 Legend 10-Round Magazine (PSA 338 ARC Host)
Magazines & Feeding • $31.89

DuraMag 400 Legend 10-Round Magazine (PSA 338 ARC Host)

  • 10 rounds, .400 Legend
  • 410 stainless steel body
$31.89
View at OpticsPlanet

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What New York Residents Can Still Buy

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