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2nd Amendment and Right to Bear Arms/muzzleloader and rifle longer than 26 inches.

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Expert: - 9/27/2009


Question
I'm a NYC resident with a NYS and PA hunting license.  I would like to buy a muzzleloader and rifle for this purpose. Would I still be required to go through the licensing and permit applications in NYC if both the muzzleloader and rifle are longer than 26 inches with barrels longer than 16 inches?


Answer
There is nothing in New York City law requiring a NYPD Rifle/Shotgun permit to possess an antique-style muzzleloading long-gun in the City. However, there was recently a widely-reported case of a man in Brooklyn who purchased a Revolutionary War era flintlock reproduction, and NYPD is insisting that he needs a permit. The Bloomberg administration, in its irrational hostility to all guns and law-abiding gun owners, even sent NYPD detectives down to Tennessee to harass the gunsmith who made the flintlock. You can do a Google search for "Michael Littlejohn" to read about this for yourself.

So, while it may be legal without a permit, if the musket or rifle is discovered in the City, you could be in for trouble with Bloomberg's and Ray Kelly's NYPD, which apparently doesn't follow the gun laws when it doesn't feel like it.

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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