2nd Amendment and Right to Bear Arms/muzzle loader laws in ny.

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Expert: - 1/12/2009


Question
Are inline muzzle loaders considerd a weapon in ny state?

Answer
I'm not sure what you mean by the term "weapon." In New York, there are certain crimes which involve the use of a "deadly weapon," which is defined to include "any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged." PL § 10.00 (12). So, a loaded muzzleloader--inline or traditional--would be considered a "deadly weapon" in New York.

If you are asking weather an inline muzzleloader is considered a "rifle" under New York penal law, the answer is no, since "rifle" is defined as using "the energy of the explosive [sic] in a fixed metallic cartridge." PL § 265.00 (11).

Note that certain inline muzzleloaders may also be considered "firearms" under federal law.

If your question was not answered, you need to be more specific about what you mean by "weapon," such as by giving me some context for your question.

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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