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2nd Amendment and Right to Bear Arms/muzzle loaders
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Question
I was convicted of a drug posession charge 3 years ago. Can i purchase and hunt with a muzzle loader in NY state?
Being "charged" with a crime three years ago will not effect your right to possess a firearm. A conviction is a different matter. However, muzzle loaders are generally not classified as firearms, except for muzzle-loading handguns in New York. Muzzle loading long guns (rifles, muskets, shotguns) are generally not restricted by New York State law.
Environmental Conservation law 11-0103(26) defines a "muzzle loading firearm" as a gun loaded through the muzzle shooting a single projectile and having a minimum bore of .44 inch. Section 11-0702 (12) provides for a muzzle-loading stamp for the NYS big game license to hunt deer and bear during the special muzzle-loading firearm season, and section 11-0703 (4)(d) states that you need the big game license to be eligible for the muzzle-loading stamp.
Revocation or suspension of hunting licenses is generally for a violation of firearm or game laws. There is no restriction on getting a license because of a criminal "charge" and I am not aware of any restriction on your ability to obtain a hunting license because of a criminal conviction unrelated to hunting or firearm misuse.
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Answers by Expert:
Robert P. Firriolo
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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