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I can get my hands on a Marlin 1894SS .44 rifle for a great p[rice but I am concerned about its legality here in NY. It holds 10 rounds + 1 chambered and the law says no more than 10 rounds.....is it legal? Fairly new at this and don't want to buy something I cannot use....Thoughts?
 

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Yes, the 10 round mag limit applies to detachable magazines and semi-automatics. And there is also a reference I believe in the law, that pertains to exemption of tubular magazines on rifles. After all if there wasn't, all those tube fed .22 rifles which hold 15+ rounds, would be considered AW's. Along with all those antique lever action Winchester rifles.
 
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Yes, the 10 round mag limit applies to detachable magazines and semi-automatics. And there is also a reference I believe in the law, that pertains to exemption of tubular magazines on rifles. After all if there wasn't, all those tube fed .22 rifles which hold 15+ rounds, would be considered AW's. Along with all those antique lever action Winchester rifles.
The tubular magazine exemption only applies to .22 caliber rifles. Centerfire lever guns with magazines that hold more than 10 rounds are illegal, though I have seen some that hold 12 rounds for sale in some LGS.
 

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Lousy Shot
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Yes, the 10 round mag limit applies to detachable magazines and semi-automatics. And there is also a reference I believe in the law, that pertains to exemption of tubular magazines on rifles. After all if there wasn't, all those tube fed .22 rifles which hold 15+ rounds, would be considered AW's. Along with all those antique lever action Winchester rifles.
I'm pretty sure the exemption on tube mags only applies to rimfire. But 10 rounds for center fire is still okay.
 

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Sharp Shooter!
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I can get my hands on a Marlin 1894SS .44 rifle for a great p[rice but I am concerned about its legality here in NY. It holds 10 rounds + 1 chambered and the law says no more than 10 rounds.....is it legal? Fairly new at this and don't want to buy something I cannot use....Thoughts?
Perfectly legal, and has been my primary hunting rifle for a lot of years. When in the field during the season, it only gets loaded to 5rds.
 

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I'm pretty sure the exemption on tube mags only applies to rimfire. But 10 rounds for center fire is still okay.
The language of the exemption specifically states .22 caliber rimfire. So technically a rifle with a tubular magazine that holds more than 10 rounds of 17 HMR might not be legal, though I am not sure this would be enforced.

The law predates the unSAFE Act and from prior threads I got the impression that over capcity tubular magazines might never have been something that has been widely enforced. I have seen centerfire lever guns with 12 round magazines in NY LGS.
 

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Lousy Shot
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Bottom line, at the end of the day, when all's said and done, even my most extreme paranoia doesn't allow me to believe that the State Police will jam you up over a 19th century rifle.
 

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The rifle may be a good price....but go on line and check out the price of 44mag or 44 spec ammo. You likely do not reload,so its going to be a expensive outing to shoot. Even thou the gun may be a good deal......in the end may cost to much to use.

Maybe a Henry lever action .22 holds a ton of ammo and is reasonable cost wise to shoot. you can catch on on sale for a great price.
 

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And soon to come ............ I really don't like some of this groups comments .... There for I bid you farewell !
 

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Is the rifle you are looking to purchase manufactured by Remington with a REP stamp on the barrel or the original Marlin manufacture with a JM stamped on the barrel. There is a big difference with the original JM fetching more money then Remington due to QC issues.
 

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Yep, it states lever guns will never be an assault rifle("For example, any pump, lever, or bolt action rifle or shotgun cannot be an assault weapon"). That's why I made the reference to antique Winchester lever rifles and their replicas. Many full length rifles, in pistol caliber chamberings, hold around 13 rounds and are perfectly legal here.
 

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It is not a semi auto it is good to go
The type of action is not relevant to this discussion. A semiautomatic that holds 10+1 is legal. A lever gun that holds 11+1 is illegal.

The only exceptions to the 10+1 limit are:

a) Semiautomatic shotguns which must have fixed magazines and can only hold 7+1.

Rimfire .22 caliber rifles with fixed tubular magazines, which have no capacity limit. This includes semiautomatic rifles like the Marlin 60.
 

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My Marlin 1894P .44 ported barrel is a great deer hunting rifle that also makes it a great home defense weapon using .44 Special Critical Defense or Silvertip ammo.
 
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