Provides that certain people may not possess antique firearms, black powder firearms, or muzzle loading firearms

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 or shotgun) 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 §400.00 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 criminal history that precluded him from possessing or using all firearms and rifles as is currently defined in § 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 § 265.00, the individual lawfully possessed the muzzle-loading 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 dangerous 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.

Legislative history

A.11459 of 2010

Fiscal implications

None.

Effective date

On the 180th day after becoming a law.