2nd Amendment and Right to Bear Arms/muzzleloader

Advertisement

Expert: - 5/24/2011


Question
"Staten Island N.Y Resident wishes to purchase a muzzleloader though an internet dealer.  May the rifle be shipped to his home or does it require a FFL dealer

Answer
A traditional muzzle-loading rifle or shotgun is not a "firearm" under federal law and thus does not need to be transferred through an FFL.

Be cautioned, however, that NYPD has taken the position in the past that muzzle-loading long guns require a NYPD Rifle/Shotgun Permit to possess. Not too long ago, there was a widely-reported case of a man in Brooklyn who purchased a Revolutionary War-era flintlock reproduction, and NYPD insisted that he needed a permit for it. 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

All Answers

Answers by Expert:

Ask Experts

Volunteer

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.

©2012 About.com, a part of The New York Times Company. All rights reserved.