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2nd Amendment and Right to Bear Arms/ex felon owing a black powder rifle in nys
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Question
i was wondering is it illegal in ny state for an ex felon to have a black powder rifle i am a hunter and i would like to use a muzzleloader so far i havent been able to get a clear answer. also if it is legal outside of the city would it need to be registered?
New York defines a rifle to be "a weapon ... fired from the shoulder ... us[ing] the energy of the explosive in a fixed metallic cartridge...." A muzzle loading rifle is therefore not considered to be a "rifle" under New York State law because it does not fire fixed metallic cartridges.
There are no provisions of New York State law that prevent a convicted felon from possessing a traditional muzzle loading ("black powder") rifle. There are no registration requirements for muzzle loading rifles "outside of the city."
Also, under federal law, a convicted felon may possess a traditional muzzle loading rifle because it is not considered a "firearm" (and it is considered an "antique firearm"). While convicted felons also may not posses "ammunition" under federal law, black powder and muzzle-loader bullets would not considered prohibited "ammunition" unless they are "designed for use in any firearm," meaning a modern (not "antique") firearm.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | thank you for helping me to clarify this issue. i most certainly do not want to violate any laws and subject myself to any legal action. as i said before i am a hunter and would like to do so without fear of being arrested for possession of a firearm . your response was very helpful not to mention prompt! thank you again | ||
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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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