2nd Amendment and Right to Bear Arms/NYS Law for Inline Muzzle Loader

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Expert: - 7/30/2011


Question
Dear Mr. Firriolo,

You answered a previous question about legality of a felon owning a muzzle loader as follows :
"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."

My question is it also legal for a convicted felon to possess a modern Inline muzzleloder.

Thanks in advance,
Kevin

Answer
The answer to your question is generally yes, as long as the muzzleloader is not one of a very small number that BATFE has classified as firearms, such as the earliest Savage 10ML rifle. That model had a threaded receiver and barrel, and a bolt-head that would accept case heads in the .222 Remington family. ATF's technical branch found the rifle could theoretically be converted to a centerfire rifle by a gunsmith. It would be illegal for a convicted felon to possess such a muzzleloading firearm.

Some modern muzzleloaders use a # 209 primer. The use of such a primer does not automatically, or even generally, make a muzzleloader into a firearm. If you have any doubt whether any particular muzzleloader is classified as a firearm under federal law, the first place you can consult is the manufacturer.  

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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