New York Consolidated Laws

N.Y. Penal Law § 265.37 (2026)

Unlawful possession of certain ammunition feeding devices

✓ current as of May 2026

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§ 265.37 Unlawful possession of certain ammunition feeding devices.
  It shall be unlawful for a person to knowingly possess an ammunition
feeding device where such device contains more than seven rounds of
ammunition.
  If such device containing more than seven rounds of ammunition is
possessed within the home of the possessor, the person so possessing the
device shall, for a first offense, be guilty of a violation and subject
to a fine of two hundred dollars, and for each subsequent offense, be
guilty of a class B misdemeanor and subject to a fine of two hundred
dollars and a term of up to three months imprisonment.
  If such device containing more than seven rounds of ammunition is
possessed in any location other than the home of the possessor, the
person so possessing the device shall, for a first offense, be guilty of
a class B misdemeanor and subject to a fine of two hundred dollars and a
term of up to six months imprisonment, and for each subsequent offense,
be guilty of a class A misdemeanor.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2014–2025 · leading case: New York State Rifle & Pistol Ass'n v. Cuomo, 804 F.3d 242 (2d Cir. 2015).

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New York State Rifle & Pistol Ass'n v. Cuomo, 804 F.3d 242 (2d Cir. 2015). “J.A., No. 14-319-cv, at 1400. . Defendants' Br.”

United States v. Trumbull, 114 F.4th 1114 (9th Cir. 2024). “2024); N.Y. Penal Law § 265.37 (originally setting the floor at seven rounds but now setting it at ten rounds per N.”

Kampfer v. Cuomo, 993 F. Supp. 2d 188 (N.D.N.Y. 2014). “Related to ammunition feeding devices, Penal Law § 265.37 was added, which makes unlawful the knowing possession of an ammunition feeding device that was possessed before the effective date and has the capacity to accept more than seven but less than ten rounds of ammunition if…”

People v. Chance, 2025 NY Slip Op 51639(U) (Bronx Criminal Ct. 2025). · cites it 2× “01(1), Unlawful Possession of Certain Ammunition Feeding Devices, in violation of Penal Law § 265.37, Criminal Possession of a Weapon in the Fourth Degree, in violation of Penal Law § 265.”

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