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2nd Amendment and Right to Bear Arms/"Antique" Mauser - NYS Legal Status?

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Expert: - 1/10/2009


Question
I've got a Mauser rifle made before 1898, so it's an "antique" firearm.  I'm wondering what the legal status of this rifle is - for example, if I carry it loaded in my car, would I be breaking a law?  It isn't really covered in any federal firearms laws, but are there local laws that cover it's use?  If I fire a Marlin 22 rifle within 500 feet of a residence I am breaking NY state law, but what about the Mauser?  What law would I be breaking if I shoot it in my 5-acre back yard (perhaps 400 feet from a neighbor's building)?

The 1898 date for "antique" status determination is a strange and arbitrary one, because this Mauser, properly set up, could be a very accurate, potent weapon - it is no "blunderbuss"!

Answer
While you are correct that a rifle made before 1898 is not a firearm under federal law, it is still considered a rifle under various New York State laws, including the Environmental Conservation Law. State laws that apply to modern rifles apply to pre-1898, fixed-ammunition long guns.

Under state Environmental Conservation Law, it is illegal to transport a rifle or shotgun in a vehicle unless the chamber and magazine are empty. That applies to a pre-1898 rifle.

The same laws that apply to discharge of the Marlin .22 apply to the Mauser.

2nd Amendment and Right to Bear Arms

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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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