In further comparisons, if someone now obtains a pre-94 magazine, of the same type that was previously legal under the old exemption, or has acquired it any time after the Safe Act became law on January 15, that individual could be charged with the class D felony under PL 265.02(8) since the pre-94 exemption would not apply to him or her (nypdcea) . It is critical to know that the existence of the release in rewritten PL 265.02(8) does not mean that control of a pre-94 magazine with a capacity of more than 10 rounds is still legal for those who legally controlled them prior to January 15, 2013. It's not. By removing the freedom from the definition contained in 265.00 (23) and moving it to PL265.02 (8), the government has simply recognized a system that imposes a lesser consequence on those who kept their pre-94 magazines and did not modify them in that way . that their capacity is 10 rounds or less. To accomplish this goal, the Legislature created a new criminal law section 265.36 (nypdcea). Consequences (possess