Wednesday, July 13, 2011

Opposition to NYS Muzzle Loader proposed regulations

Dear NYSMLA members,
Please take the time to read the 3 items below and respond to your legislators accordingly:

AS the NYSMLA President I OPPOSE any bill that classifies any ML regardless of age as a firearm. The definition and reasoning below of today's in-lines is pure sophistry, as any of us who shoot MuzzleLoaders understand. When this legislation was proposed in the past the NYSMLA was contacted for an opinion. I/we , the association was not contacted prior to the drafting of these latest bills or we could have explained the vast differences in a cartridge firearm vs. a muzzle loader.

The bill does not explain what level of felon and as we all know one DWI or a few bounced checks can make you a felon over night. There is a vast difference between a demented violent felon and a non violent felon. New York state already has very expensive process's in place to prevent firearms ownership by felons and the mentally ill.

Another item is an FFL is not required to perform an FBI NICS check on a muzzle loader unless it can have a fixed ammunition barrel attached. When a fixed ammunition barrel can be swapped out and attached to the frame , then a NICS check is required by law. This is sufficient to prevent the transfer to a person prohibited to own a firearm. The majority of Muzzle-loaders sold in NY are of the interchangeable barrel design which as stated above require the FBI NICS check.

Again as President of the NYSMLA.org I adamantly oppose this or any legislation as it will place unknown burdens on thousands of New York muzzle-loader enthusiast. As with most firearms legislation we never know the full impact till it hits the floor.

What's next, bows?

Regards,
Wm. J. Brookover
5336 Lincoln Rd
Ontario,NY. 14519
315-524-3457

"BlackPowder" Bill
President
NY Muzzleloaders Assn.
www.nysmla.org

SCOPE Director @ Large
www.scopeny.org

Williamson Conservation & Sporting Club
Past President & Present Director
www.nygunclub.org
www.blackpowderbill.com
Licensed FFL
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Prohibit the possession of antique firearms, muzzle loading rifles, and muzzle loading shotguns by persons convicted of a felony or serious offense.
A 4169 Weprin Same as S 5658 Gallivan
A 8456 Weprin No same as

PURPOSE
Currently, individuals who have been convicted of a felony or certain serious offenses are prohibited from possessing or using handguns, rifles or shotguns. In the case of rifles and shotguns, this prohibition is limited to weapons using fixed ammunition, and in the case of handguns, the prohibition applies to all cartridge handguns but only loaded antique weapons.
This bill is intended to prevent individuals who are prohibited from possessing firearms, rifles and shotguns from possessing and using any weapon regardless of ammunition type. This essentially means antique handguns and muzzle loading rifles and shotguns.
POSITION
We have no objection to A4169/S5658. Prohibiting convicted felons from possessing weapons is certainly a legitimate state interest1.
We oppose A8456. This bill goes outside of the realm of preventing access to weapons by legitimately prohibited persons and risks impacting the lawful owners and users of muzzle loading rifles and shotguns.
The penal law definition of “rifle” and “shotgun” should not be changed.
The definitions for rifle and shotgun currently in PL265.00(11) and PL265(12) are consistent with the definitions in federal law (18 U.S.C. 921) and should not be tinkered with. They are understood and are the basis for other state and local laws and regulations. This is the kind of change that, if made casually, invokes the law of unintended consequences.
Any legislation must be drafted in a manner that does not negatively impact fully law-abiding individuals. Any suggestion that muzzleloaders fall into the same category as cartridge guns would have a negative impact on groups and individuals including museums and Civil War reenacters.
Any text dealing with this subject must be very carefully developed.
Any specific definitions in PL265.00 concerning muzzle loading weapons must be consistent with federal law, specifically 18 U.S.C. 921 (a)(16), and should be developed with great care and with the assistance of someone with technical knowledge of the subject.
1 See District of Columbia v Heller 554 US 570 (2008)

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The text:
Sponsor: GALLIVAN / Law Section: Penal Law

S5658-2011 Actions
Jun 24, 2011: RETURNED TO SENATE
Jun 24, 2011: PASSED ASSEMBLY
Jun 24, 2011: ORDERED TO THIRD READING RULES CAL.625
Jun 24, 2011: SUBSTITUTED FOR A8456A
Jun 21, 2011: REFERRED TO CODES
Jun 21, 2011: DELIVERED TO ASSEMBLY
Jun 21, 2011: PASSED SENATE
Jun 21, 2011: ORDERED TO THIRD READING CAL.1483
Jun 21, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Jun 9, 2011: REFERRED TO CODES
S5658-2011 Meetings
Rules (Jun 24, 2011 12:00:00 AM), Rules (Jun 23, 2011 12:00:00 AM), Rules (Jun 22, 2011 12:00:00 AM), Rules (Jun 21, 2011 12:00:00 AM), Rules (Jun 17, 2011 12:00:00 AM), Rules (Jun 14, 2011 12:00:00 AM)
S5658-2011 Calendars
Floor Calendar: Jun 21, 2011
S5658-2011 Votes
VOTE: FLOOR VOTE: - Jun 21, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thompson, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
S5658-2011 Memo
BILL NUMBER:S5658

TITLE OF BILL:
An act
to amend the penal law, in relation to preventing certain people from
lawfully possessing certain rifles, shotguns, and firearms

PURPOSE:
To close a loophole that allows felons to possess
muzzle-loaded rifles, as well as, muzzle-loaded shotguns.

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 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.
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