Starting Jan. 1st, 2012, anyone who has a felony can not possess a muzzle loading/black powder long gun for hunting. They are now limited to bow only. (Passed 138 to 0 in the Assembly.)
This might be a problem from someone from out of state and current NY hunters who do not know the law has changed. Just remember that it does not have to be a violent crime, you can do lots of things to become a felon.
BILL NO S05658 SAME AS Same as A 4169, A 8456-A
1 Section 1. Subdivision 4 of section 265.01 of the penal law, as added 2 by chapter 1041 of the laws of 1974, is amended to read as follows: He possesses a rifle [or], shotgun, ANTIQUE FIREARM, BLACK POWDER RIFLE, BLACK POWDER SHOTGUN, OR ANY MUZZLE-LOADING FIREARM, and has been convicted of a felony or serious offense; or (…)
The reason? This is the memo for A04169
SUMMARY OF PROVISIONS: This bill amends section 265.01 (of the Penal Law (PL) to prevent prohibited persons (those convicted of felonies, serious offenses or have been certified not suitable to possess a rifle of shot- gun) from lawfully possessing muzzle-loading or black powder rifles, shotguns and firearms. JUSTIFICATION: The recent escalation of violence against police officers and civilians through the use of muzzle-loaded rifles by persons with previous violent criminal histories has aptly displayed a loophole in the Penal Law which generally prohibits the possession, use and/or sale of firearms. Although 265.00 and S4.00.00 of the Penal Law specifically address the requirements for licensing as well as restrictions that disallow the use or possession of antique pistols. The Penal Law has not proscribed the use or possession of muzzle-loading rifles by individuals with previous violent criminal histories or other proscribed conduct that would otherwise preclude that person from possessing or using a firearm. This failure to prohibit the use or possession of muzzle-loaded rifles by said individuals has resulted in the shooting of two New York State Troopers within a short time span. On June 18, 2007, State Police Officer Amanda Reif responded to a call of a domestic disturbance in the Town of Potsdam. Upon entering the front yard of a residence, Trooper Reif was shot in her left shoulder by a .50 caliber muzzle-loading rifle. The perpetrator had a lengthy crimi- nal history that precluded him from possessing or using all firearms and rifles as is currently defined in S 265.00. Unfortunately, the loophole gave the perpetrator the ability to lawfully-possess the muzzle-loaded rifle as well as a muzzle-loading shot gun found at the scene. On August 28, 2008 State Police Officer George Stannard responded to a call of a suicidal emotionally disturbed individual in the Town of Harrietstown. While Trooper Stannard engaged the individual in a dialogue, the individual drew up a .50 caliber muzzle-loading rifle and shot trooper Stannard though his hand. Even though the individual was precluded from carrying, using or possessing firearms as currently defined in. S 265.00, the individual lawfully possessed the muzzle-load- ing rifle due to the loophole. The Penal Law must be amended to prevent persons (those convicted of felonies, serious offenses or have been certified not suitable to possess a rifle or shot gun) from possessing muzzle-loading or black powder rifles, shotguns and firearms. With advances in modern technology, these guns can now be loaded and discharged faster and with more accuracy than ever before. Modern muzzle loading rifles are essentially a modern single shot rifle. They look and operate very much like a sporting rifle and allow accurate shots at distances up to 200 yards with the use of saboted, jacketed bullets and Pyrodex Pellets, these rifles can be reloaded in seconds and the use of shotgun primers for ignition.allows them to be used in any type of weather. Numerous accessories, such as high power scopes and polymer tipped projectiles, make modern muzzle-loaders as convenient and danger- ous as any rifle or shotgun. This bill would restore the Legislature's original intent to prevent prohibited persons' (those convicted of felonies, serious offenses or have been certified not to possess a rifle or shotgun) from lawfully possessing muzzle-loading or black powder rifles, shotguns or firearms
I also remember, but can not find, that a Priest was shot with a Black Powder rifle in NYC a few years ago and I think that is what started this movement.
It has always been illegal for a felon to have a Black Powder handgun because if you have everything to make it go BANG, then you need a license.
how many people have been hurt in the us in the last 20 yrs by a black powder gun you will find that there have only been a couple verse those by arrows. so by passing this law and not resending it you are TAKING THE LAST RIGHTS GIVEN TO US BY THE CREATORS OF OUR CONSTATUTION I can understand violent felons and modern guns but these are by federal standards not firearms
Is there anyway I can own a black powder I have a class E felony and was wondering if u have to wait a certain amount of years or I’ll never be able to own a black powder
You have to go to court and have a Judge issue you a “relief of disabilities.” You will need a lawyer and there is no set amount of years that you have to wait. The law cast a very wide net and includes “has been convicted of a felony or serious offense;” so that many things are covered. See Penal Law S 265.00 Definitions.
17. “Serious offense” means (a) any of the following offenses defined
in the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
or possessing a pistol or other dangerous weapon; making or possessing
burglar’s instruments; buying or receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of disorderly
conduct defined in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
and article one hundred six of such former penal law; that kind of
criminal sexual act or rape which was designated as a misdemeanor;
violation of section seventeen hundred forty-seven-d and seventeen
hundred forty-seven-e of such former penal law; any violation of any
provision of article thirty-three of the public health law relating to
narcotic drugs which was defined as a misdemeanor by section seventeen
hundred fifty-one-a of such former penal law, and any violation of any
provision of article thirty-three-A of the public health law relating to
depressant and stimulant drugs which was defined as a misdemeanor by
section seventeen hundred forty-seven-b of such former penal law.
* (b) any of the following offenses defined in the penal law:
illegally using, carrying or possessing a pistol or other dangerous
weapon; possession of burglar’s tools; criminal possession of stolen
property in the third degree; escape in the third degree; jostling;
fraudulent accosting; endangering the welfare of a child; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the fourth degree; stalking in the third degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.
* NB There are 2 par. b’s
* (b) any of the following offenses defined in the penal law:
illegally using, carrying or possessing a pistol or other dangerous
weapon; possession of burglar’s tools; criminal possession of stolen
property in the third degree; escape in the third degree; jostling;
fraudulent accosting; endangering the welfare of a child; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the third degree; stalking in the fourth degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.
* NB There are 2 par. b’s
Sections S 130.00 Sex offenses; Article 220.00 – PENAL LAW CONTROLLED SUBSTANCES OFFENSES,
I’m a father of 5. My boys are of hunting age. I committed a violent felony almost 40.year’s ago. I have not been in any trouble since. I want to teach them how to respect guns and to hunt with them. What can I do ?
Who are the best Lawyers in NY State who specializes in getting my gun rights back?
Sorry it took so long for me to see this. Their is no list of approved lawyers. The only thing you can do is call some of the local gun stores and see if they know someone or talk to lawyers that you might know.