Legal Heat Guide Updates

Constitutional Carry Effective January 1, 2023: Signed by the governor on March 10, 2022, Alabama will officially became a Constitutional Carry state on January 1, 2023 when the law takes effect. Although a Pistol Permit is no longer required, there are many benefits to having one (including traveling and being exempt from severalfederal laws)

• The Law: A person licensed to carry a handgun in any state shall be authorized to carry a handgun in this state. This section shall apply to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state shall carry the handgun in compliance with the laws of this state. The issuance of a permit to carry a pistol pursuant or the recognition of a nonresident license under this section does not impose a general prohibition on the carrying of a pistol without a permit.

  AL ST § 13A–11–85 as amended by AL LEGIS 2022-133, 2022 Alabama Laws Act 2022-133 (H.B. 272)

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Lorem Ipsum is simply dummied text of the printing and typesetting industry.

Prohibited Areas Update 03-10-23:

• 2023 Arkansas Laws Act 215 (S.B. 211), removed Arkansas Department of Transportation buildings/grounds from the list of prohibited areas.

Constitutional Carry: Signed into law on April 13, 2022, Georgia officially became a Constitutional Carry state. Although a WCL is no longer required, there are many benefits to having one (including traveling and being exempt from several federal laws)

The Law (Ga. Code Ann. § 16-11-126): 

• a)Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business.
• b)Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun.
• c)Any person who is a lawful weapons carrier may transport a handgun or long gun in any private passenger motor vehicle.

Parks and Historic Sites: It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any weapon or long gun unless such person is a lawful weapons carrier. As used in this paragraph, the terms 'weapon,' 'long gun,' and 'lawful weapons carrier' shall have the same meanings as provided for in Code Section 16-11-125.1.

• 'Lawful weapons carrier' means any person who is licensed or eligible for a license pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law from possessing a weapon or long gun, any resident of any other state who would otherwise be eligible to obtain a license pursuant to such Code section but for the residency requirement, and any person licensed to carry a weapon in any other state.

Reciprocity: Georgia now honors all other state permits under §16-11-125.1.

Constitutional Carry: Effective July 1, 2022, a person who is at least eighteen (18) years of age and is not otherwise prohibited from carrying or possessing a handgun under state or federal law is not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. A resident of this state who wishes to carry a firearm in another state under a reciprocity agreement entered into by this state and another state may obtain an Indiana reciprocity license under this chapter by applying to the chief of police or corresponding law enforcement officer of the municipality in which the applicant resides.

See Ind. Code Ann. § 35-47-2-3 as amended by 2021 Indiana House Bill No. 1369, Indiana One Hundred Twenty-Second General Assembly.

Constitutional Vehicle Carry: A person may operate a vehicle with a firearm, without a license, so long as:

Ind. Code Ann. § 14-16-1-23

07-18-22 Reciprocity Updates:

Prohibited Areas Update:

Effective December ___ 2022, the following new provision of law applies. This new law is currently awaiting the Governor's signature and will take effect immediately upon signing (see NJ A769).

Except as otherwise provided in this section and in the case of a brief, incidental entry onto property, which shall be deemed a de minimis infraction, it shall be a crime of the third degree for any person to knowingly carry a firearm in any of the following places, including in or upon any part of the buildings, grounds, or parking area of:

1. a place owned, leased, or under the control of State, county or municipal government used for the purpose of government administration, including but not limited to police stations;
2. a courthouse, courtroom, or any other premises used to conduct judicial or court administrative proceedings or functions;
3. a State, county, or municipal correctional or juvenile justice facility, jail and any other place maintained by or for a governmental entity for the detention of criminal suspects or offenders;
4. a State-contracted half-way house;
5. a location being used as a polling place during the conduct of an election and places used for the storage or tabulation of ballots;
6. within 100 feet of a place where a public gathering, demonstration or event is held for which a government permit is required, during the conduct of such gathering, demonstration or event;
7. a school, college, university or other educational institution, and on any school bus;
8. a child care facility, including a day care center;
9. a nursery school, pre-school, zoo, or summer camp;
10. a park, beach, recreation facility or area or playground owned or controlled by a State, county or local government unit, or any part of such a place, which is designated as a gun free zone by the governing authority based on considerations of public safety;
11. youth sports events, as defined in N.J.S.5:17-1, during and immediately preceding and following the conduct of the event, except that this provision shall not apply to participants of a youth sports event which is a firearm shooting competition to which paragraph (3) of subsection b. of section 14 of P.L.1979, c.179 (C.2C:58-6.1) applies;
12. a publicly owned or leased library or museum;
13. a shelter for the homeless, emergency shelter for the homeless, basic center shelter program, shelter for homeless or runaway youth, children's shelter, child care shelter, shelter for victims of domestic violence, or any shelter licensed by or under the control of the Juvenile Justice Commission or the Department of Children and Families;
14. a community residence for persons with developmental disabilities, head injuries, or terminal illnesses, or any other residential setting licensed by the Department of Human Services or Department of Health;
15. a bar or restaurant where alcohol is served, and any other site or facility where alcohol is sold for consumption on the premises;
16. a Class 5 Cannabis retailer or medical cannabis dispensary, including any consumption areas licensed or permitted by the Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24);
17. a privately or publicly owned and operated entertainment facility within this State, including but not limited to a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits, games or contests are held;
18. a casino and related facilities, including but not limited to appurtenant hotels, retail premises, restaurant and bar facilities, and entertainment and recreational venues located within the casino property; 
19. a plant or operation that produces, converts, distributes or stores energy or converts one form of energy to another;
20. an airport or public transportation hub;
21. a health care facility, including but not limited to a general hospital, special hospital, psychiatric hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, assisted living center, home health care agency, residential treatment facility, residential health care facility, medical office, or ambulatory care facility; 
22. a facility licensed or regulated by the Department of Human Services, Department of Children and Families, or Department of Health, other than a health care facility, that provides addiction or mental health treatment or support services;
23. a public location being used for making motion picture or television images for theatrical, commercial or educational purposes, during the time such location is being used for that purpose; 
24. private property, including but not limited to residential, commercial, industrial, agricultural, institutional or undeveloped property, unless the owner has provided express consent or has posted a sign indicating that it is permissible to carry on the premises a concealed handgun with a valid and lawfully issued permit under N.J.S.2C:58-4, provided that nothing in this paragraph shall be construed to affect the authority to keep or carry a firearm established under subsection e. of N.J.S.2C:39-6; and 
25. any other place in which the carrying of a firearm is prohibited by statute or rule or regulation promulgated by a federal or State agency.

Notwithstanding the above sensitive places, the holder of a valid and lawfully issued permit to carry who is otherwise prohibited from carrying a concealed firearm into the parking area of a prohibited location specified [above] shall be permitted to:

1. transport a concealed handgun or ammunition within a vehicle into or out of the parking area, provided that the handgun is unloaded and contained in a closed and securely fastened case, gunbox, or locked unloaded in the trunk or storage area of the vehicle;
2. store a handgun or ammunition within a locked lock box and out of plain view within the vehicle in the parking area; 
3. transport a concealed handgun in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving the handgun within a locked lock box in the vehicle's trunk or other place inside the vehicle that is out of plain view; and 
4. transport a concealed handgun between a vehicle parked within a prohibited parking lot area and a place other than a prohibited place enumerated in subsection a. of this section, provided that the person immediately leaves the parking lot area and does not enter into or on the grounds of the prohibited place with the handgun.

LEGAL UPDATE:

• On January 9, 2023 a DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE issued an opinion granting a temporary ban on the enforcement of "the relevant provisions of Chapter 131 Section 7(a), which criminalizes carrying handguns in certain “sensitive places,” subparts 12 (public libraries or museums), 15 (bars, restaurants, and where alcohol is served), 17 (entertainment facilities), and 24 (private property), as well as section 7(b)’s ban on functional firearms in vehicles." See RONALD KOONS, et al., Plaintiffs, v. WILLIAM REYNOLDS, et al., Defendants. Additional Party Names: Annemarie Taggart, Coal. of New Jersey Firearm Owners, Cnty. Prosecutors William Reynolds, Firearms Pol'y Coal., Inc., Grace C. Macaulay, Jeffrey Muller, Matthew J. Platkin, New Jersey Att'y Gen., New Jersey Second Amend. Soc'y, Nicholas Gaudio, Patrick Callahan, Superintendent of the New Jersey State Police, No. CV 22-7464 (RMB/EAP), 2023 WL 128882, at *24 (D.N.J. Jan. 9, 2023)

Special Notes Update:

Vehicle Carry:

• A person who is otherwise authorized under the law to carry or transport a firearm shall not do so while in a vehicle in New Jersey, unless the handgun is unloaded and contained in a closed and securely fastened case, gunbox, or locked unloaded in the trunk of the vehicle.

Police Encounters - Duty to Inform (Effective July 1, 2023):

The holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4, if stopped or detained by a law enforcement officer while carrying a handgun in public or traveling with a handgun in a motor vehicle, shall:

1.     immediately disclose to the law enforcement officer that they are carrying a handgun or that a handgun is stored in the vehicle; and
2.     display the permit to carry a handgun issued pursuant to N.J.S.2C:58-4.

Large Capacity Magazines:

• New Jersey prohibits the manufacture, transport, shipment, sale or disposal of large capacity magazines. “Large capacity ammunition magazine” means a box, drum, tube or other container which is capable of holding more than 10 rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic firearm. The term shall not include an attached tubular device which is capable of holding only .22 caliber rimfire ammunition. N.J. Stat. Ann. § 2C:39-1, N.J. Rev. Stat § 2C:39-9h.

Misc. Carry Requirements (Effective July 1, 2023):

 The holder of a permit to carry a handgun issued pursuant to N.J.S.2C:58-4 shall not:

1. use or consume alcohol, a cannabis item, or a controlled substance while carrying a handgun;
2. be under the influence of alcohol, cannabis, or a controlled substance while carrying a handgun;
3. carry a handgun in public outside of a holster or carry a handgun in public in a holster that does not meet the requirements of subsection h. of N.J.S.2C:58-4; 
4. carry more than two firearms under the permittee's control at one time; or
5. engage in an unjustified display of a handgun.

All firearms transported into the State of New Jersey:

• Shall be carried unloaded and contained in a closed and fastened case, gun box, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel, shall include only such deviations as are reasonably necessary under the circumstances.
• The firearm should not be directly accessible from the passenger compartment of the vehicle. If the vehicle does not have a compartment separate from the passenger compartment, the firearm and ammunition must be in a locked container other than the vehicle's glove compartment or console.

Possession of "Hollow Point" ammunition: Any person who knowingly has in his possession any hollow nose or dum-dum bullet is guilty of a crime in the fourth degree.

• Exceptions to the hollow point rule include: A person who keeps hollow point ammunition in a dwelling, premises or other land owned or possessed by him, or from carrying such ammunition from the place of purchase to said dwelling or land. A person going directly to an authorized place for "practice, match, target, trap or skeet shooting exhibitions." (N.J. Stat. Ann. §2C:39-3)

Preemption:

• New Jersey gives its cities and towns the authority to pass ordinances related to firearms. Be mindful cities and towns may have additional restrictions.

Effective Sept. 1, 2022 New York will have revamped prohibited areas that will be as follows: 

"A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a “sensitive location.” Sensitive location shall mean:

1. Any place owned or under the control of federal, state or local government, for the purpose of government administration, including courts;
2. Any location providing health, behavioral health, or chemical dependance care or services;
3. Any place of worship or religious observation;
4. Libraries, public playgrounds, public parks, and zoos;
5. The location of any program licensed, regulated, certified, funded, or approved by the office of children and family services that provides services to children, youth, or young adults, any legally exempt childcare provider; a childcare program for which a permit to operate such program has been issued by the department of health and mental hygiene pursuant to the health code of the city of New York;
6. Nursery schools, preschools, and summer camps;
7. The location of any program licensed, regulated, certified, operated, or funded by the office for people with developmental disabilities;
8. the location of any program licensed, regulated, certified, operated, or funded by office of addiction services and supports;
9. the location of any program licensed, regulated, certified, operated, or funded by the office of mental health;
10. the location of any program licensed, regulated, certified, operated, or funded by the office of temporary and disability assistance;
11. homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence;
12. residential settings licensed, certified, regulated, funded, or operated by the department of health;
13. in or upon any building or grounds, owned or leased, of any educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools licensed
14. under article one hundred one of the education law, charter schools, non-public schools, board of cooperative educational services, special act schools, preschool special education programs, private residential or non-residential schools for the education of students with disabili- ties, and any state-operated or state-supported schools;
15. any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals;
16. any establishment issued a license for on-premise consumption pursuant to article four, four-A, five, or six of the alcoholic beverage control law where alcohol is consumed and any establishment licensed under article four of the cannabis law for on-premise consumption;
17. any place used for the performance, art entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, and gaming facilities and video lottery terminal facilities as licensed by the gaming commission;
18. any location being used as a polling place;
19. any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit for such time or event by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, provided such location is identified as such by clear and conspicuous signage;
20. any gathering of individuals to collectively express their constitutional rights to protest or assemble;
21. the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage.
22. Private Property: A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles, or shotguns on their property is permitted or has otherwise given express consent. N.Y. Penal Law § 265.01-d

The above sensitive location firearm bans shall not apply to:

1. a)law enforcement who qualify to carry under the federal law enforcement officers safety act, 18 U.S.C. 926C;
2. b)persons who are police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law;
3. c)persons who are designated peace officers by section 2.10 of the criminal procedure law;
4. d)persons who were employed as police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law but are retired;
5. e)security guards as defined by and registered under article seven-A of the general business law, who have been granted a special armed registration card, while at the location of their employment and during their work hours as such a security guard;
6. f)active-duty military personnel;
7. g)persons licensed under paragraph (c), (d) or (e) of subdivision two of section 400.00 of this chapter while in the course of his or her official duties [messenger employed by a banking institution, judges, certain government employees with permission];
8. h)a government employee under the express written consent of such employee's supervising government entity for the purposes of natural resource protection and management;
9. i)persons lawfully engaged in hunting activity, including hunter education training; or
10. j)persons operating a program in a sensitive location out of their residence, as defined by this section, which is licensed, certified, authorized, or funded by the state or a municipality, so long as such possession is in compliance with any rules or regulations applicable to the operation of such program and use or storage of firearms.

N.Y. Penal Law § 265.01-e

Constitutional Carry Law Change:

Effective June 12, 2022: A person who is a qualifying adult shall not be required to obtain a concealed handgun license in order to carry in this state, a concealed handgun that is not a restricted firearm.

• Regardless of whether the person has been issued a concealed handgun license … a person who is a qualifying adult may carry a concealed handgun that is not a restricted firearm anywhere in this state in which a person who has been issued a concealed handgun license may carry a concealed handgun.
• The right of a person who is a qualifying adult to carry a concealed handgun that is not a restricted firearm … is the same right as is granted to a person who has been issued a concealed handgun license, and a qualifying adult who is granted the right is subject to the same restrictions as apply to a person who has been issued a concealed handgun license.

"Qualifying adult" means a person who is all of the following:

1. Twenty-one years of age or older;
2. Not legally prohibited from possessing or receiving a firearm under 18 U.S.C. 922(g)(1) to (9) or under section 2923.13 of the Revised Code or any other Revised Code provision;
3. Satisfies all of the criteria listed in divisions (D)(1)(a) to (j), (m), (p), (q), and (s) of section 2923.125 of the Revised Code.

Duty to Inform Law Change:

Effective June 12, 2022 Ohio is a quasi duty-to-inform state, which means that although you are not affirmatively required to inform an officer of your firearm,you must disclose the firearm if asked. Unless directed otherwise by the officer, the law states you must keep your hands in plain sight at all times during the stop. 

The Law: No person who has been issued a concealed handgun license shall:

• If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then is carrying a concealed handgun, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop;

Statutory Reference: Ohio Rev. Code Ann. § 2923.12 as amended by 2021 Ohio Senate Bill No. 215, Ohio One Hundred Thirty-Fourth General Assembly - 2021-2022 Session

Updated Duty to Inform laws (now a quasi duty to inform state):

Oklahoma is a quasi duty to inform state, which means that although you do not need to affirmatively tell a police officer that you have a firearm in your possession, you must tell them if asked. You must also provide them with your permit and identification card. 

The Law:

It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed firearm pursuant to the authority of the Oklahoma Self-Defense Act during the course of any arrest, detainment, or routine traffic stop. Said identification to the law enforcement officer shall be required upon the demand of the law enforcement officer. No person shall be required to identify himself or herself as a handgun licensee or as lawfully in possession of any other firearm if the law enforcement officer does not demand the information. No person shall be required to identify himself or herself as a handgun licensee when no handgun is in the possession of the person or in any vehicle in which the person is driving or is a passenger. Any violator of the provisions of this subsection may be issued a citation for an amount not exceeding One Hundred Dollars ($100.00).

Okla. Stat. Ann. tit. 21, § 1290.8(D)

The person shall be required to have possession of his or her valid handgun license or valid military identification card as provided for qualified persons in this section and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol. The person shall display the handgun license or a valid military identification card on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed or concealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license or a valid military identification card as provided for qualified persons in this section in response to that demand.
Okla. Stat. Ann. tit. 21, § 1290.8

Updated Prohibited Areas: 

A licensee with an enhanced license remains subject to other criminal prohibitions and restrictions and is barred from carrying a concealed handgun in the following places: 

1. The developed property of a public or private school, kindergarten through grade twelve (K-12), in or upon any school bus, or at a designated school bus stop, except as permitted in ACA § 5-73-119(e) [see ACA § 5-73-119(b)];
2. The property of any private institution of higher education or a publicly supported institution of higher education, except as permitted in ACA § 5-73-322 and ACA § 5-73-119(e) [see ACA § 5-73-119(c)];
3. Any courtroom or the location of an administrative hearing conducted by a state agency, except as permitted in ACA § 5-73-306(5) or (6) [see ACA § 5-73-122(a)(3)(D)(i)];
4. Public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted in ACA § 5-73-122(a)(3)(C) [see ACA § 5-73- 122(a)(3)(D)(ii)];
5. A facility operated by the Division of Correction or the Division of Community Correction [see ACA § 5-73-122(a)(3)(D)(iii)];
6. Any police station, sheriff’s station, or Division of Arkansas State Police station [see ACA § 5-73-306(1)];
7. Any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility [see ACA § 5-73-306(2)];
8. Any building of the Arkansas State Highway and Transportation Department or onto grounds adjacent to any building of the Arkansas State Highway and Transportation Department, except as permitted in ACA § 5-73-306(3)(B) [see ACA § 5-73-306(3)];
9. Any part of a detention facility, prison, or jail, including without limitation a parking lot owned, maintained or otherwise controlled by the Division of Correction or Division of Community Correction [see ACA § 5-73-306(4)];
10. Any courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county office, except as permitted in ACA § 5-73-306(5)(A)-(C) [see ACA § 5-73-306(5)];
11. Any courtroom, except as permitted in ACA § 5-73-306(6)(B) [see ACA § 5-73- 306(6)];
12. Any portion of an establishment, except a restaurant as defined in ACA § 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises, if the establishment posts written notice under ACA § 5-73-306(18) or the licensee receives written or verbal notice under ACA § 5-73-306(19) [see ACA § 5-73-306(11)];
13. A portion of an establishment, except a restaurant as defined in ACA § 3-5-1202, where beer or light wine is consumed on the premises, if the establishment posts written notice under ACA § 5-73-306(18) or the licensee receives written or verbal notice under ACA § 5-73- 306(19) [see ACA § 5-73-306(12)];
14. A school, college, community college, or university campus building or event, except as permitted in ACA § 5-73-306(13)(B) or ACA § 5-73-322 [see ACA § 5-73-306(13)];
15. Any church or other place of worship, if the location posts written notice under ACA § 5-73-306(18) or the licensee receives written or verbal notice under ACA § 5-73-306(19) [see ACA § 5-73-306(15)];
16. Any place where the carrying of a firearm is prohibited by federal law [see ACA § 5- 73-306(16)];
17. Any place at the discretion of the person or entity exercising control over the physical location, if the location posts written notice under ACA § 5-73-306(18) [see ACA § 5-73- 306(18)];
18. A place owned or operated by a private entity that prohibits the carrying of a concealed handgun, if the licensee receives written or verbal notice under ACA § 5-73-306(19) [see ACA § 5-73-306(19)];
19. A posted firearm-sensitive area under ACA § 5-73-325, located at the Arkansas State Hospital, the University of Arkansas for Medical Sciences, or a collegiate athletic event [see ACA § 5-73-306(20)];
20. On the grounds of a private university or private college, if the university or college adopts a policy expressly disallowing the carrying of a concealed handgun [see ACA § 5-73-322(c)]; or
21. Any location where an official meeting is being conducted in accordance with documented grievance and disciplinary procedures on the grounds of a public university, public college, or community college and is in compliance with the requirements of ACA § 5-73-322(e) [see ACA § 5-73-322(e)];

• Magazine Capacity Restriction:
  • The Law (Effective July 1, 2022): No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine ... "Large capacity magazine" means an ammunition feeding device with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person, but shall not be construed to include any of the following: (a) An ammunition feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds of ammunition; (b) A 22 caliber tube ammunition feeding device; or (c) A tubular magazine that is contained in a lever-action firearm.

    RCW 9.41.010