NY Penal Law § 265.36: Unlawful possession of a large capacity ammunition feeding device

There are 2 offenses in the New York penal code related to possessing ammunition feeding devices: unlawful possession of large capacity ammunition feeding device and unlawful possession of certain ammunition feeding devices. If you have an ammunition feed device that has the capacity of handling 7 or more rounds of ammunition, then you will be charged with unlawful possession of certain ammunition feeding devices, while if you possess an ammunition feeding device that had the capacity for handling more than 10 you will be charged with unlawful possession of a large capacity ammunition feeding device.

After being repeatedly threatened by her boyfriend with a gun, a woman contacted the police and told them that her boyfriend had 2 illegally obtained guns in their apartment. Upon searching the apartment the police did not recover the guns, but did find a magazine that with the capacity of handling 8 rounds. Based that evidence, the police arrested the boyfriend and he was charged with unlawful possession of certain ammunition feeding devices.

1. Unlawful possession of certain ammunition feeding devices: New York Penal Code § 265.37

Weapons and ammunition are commonly uncovered pursuant searches of a home or car. In their zealousness to make an arrest, there are occasions when the police do not follow proper procedure. If a search is not lawful, meaning that the police did not have a search or otherwise have probable cause to conduct a search. If the search was be illegal all evidence from that search would be inadmissible. The prosecutor would likely have no choice but to throw out the case against you.

Because unlawful possession of a large capacity ammunition feeding device is a class A misdemeanor if convicted you could be sentenced to up to 1 year in jail. It is also possible that that the judge will opt to not send you to jail at all and sentence you to probation term of 3 years. If you are placed on probation there will be several rules that you will be required to follow, including regularly reporting to your probation officer, refraining from possessing firearms and staying away from people who are known criminals. If you fail to follow the rules your probation may be revoked and you may be sent to jail.

It shall be unlawful for a person to knowingly possess a large capacity ammunition feeding device manufactured before September thirteenth, nineteen hundred ninety-four, and if such person lawfully possessed such large capacity feeding device before the effective date of the chapter of the laws of two thousand thirteen which added this section, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.

An individual who has a reasonable belief that such device is of such a character that it may lawfully be possessed and who surrenders or lawfully disposes of such device within thirty days of being notified by law enforcement or county licensing officials that such possession is unlawful shall not be guilty of this offense. It shall be a rebuttable presumption that such person knows that such large capacity ammunition feeding device may not be lawfully possessed if he or she has been contacted by law enforcement or county licensing officials and informed that such device may not be lawfully possessed.

Even though unlawful possession of a large capacity ammunition feeding device is a misdemeanor you should take it seriously. If you are convicted of a crime, even if it is a misdemeanor there are grave consequences. Not only is there are strong possibility that you will have to go jail for up to a year, you will also end up with a criminal record that will have a detrimental effect on many aspects of your life. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with gun crimes, grand larceny, white collar crimes, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.