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NY: Man bucks NYC authorities with flintlock rifle
Posted: Sat Aug 01, 2009 8:40 am
by seamusTX
In New York (as in most states, but not all), pre-1898 firearms and replicas of such weapons are exempt from firearms laws.
A Revolutionary-War history buff in New York City ordered a custom-built replica of an 18th-century flintlock rifle. Police, reportedly on the orders of someone high in the city government, are threatening to huff and puff and blow his house down, but so far they have not found any violation that they can charge him with.
http://www.nydailynews.com/ny_local/bro ... _cops.html" onclick="window.open(this.href);return false;
- Jim
Re: NY: Man bucks NYC authorities with flintlock rifle
Posted: Sat Aug 01, 2009 8:52 am
by WildBill
seamusTX wrote:In New York (as in most states, but not all), pre-1898 firearms and replicas of such weapons are exempt from firearms laws. - Jim
Note that the reporter calls the antique firearms exemption a loophole in the law.
Re: NY: Man bucks NYC authorities with flintlock rifle
Posted: Sat Aug 01, 2009 9:02 am
by jimlongley
WildBill wrote:seamusTX wrote:In New York (as in most states, but not all), pre-1898 firearms and replicas of such weapons are exempt from firearms laws. - Jim
Note that the reporter calls the antique firearms exemption a loophole in the law.
I already sent of an email objecting to that characterisation, I doubt it will ever be published.
That law, as part of NY's Penal Code Section 265, has been there for as long as I can remember, I even owned a flintlock pistol under that provision. He had better be careful though, the law specifically states "unloaded" and the law also allows the police to consider the gun loaded if he merely possesses the components to load it. If he has black powder and lead anywhere in the house he could be arrested.
Re: NY: Man bucks NYC authorities with flintlock rifle
Posted: Sat Aug 01, 2009 9:21 am
by The Annoyed Man
jimlongley wrote:He had better be careful though, the law specifically states "unloaded" and the law also allows the police to consider the gun loaded if he merely possesses the components to load it. If he has black powder and lead anywhere in the house he could be arrested.
The Article's Author wrote:That point is moot, Littlejohn says: He doesn't own gunpowder or bullets.
Re: NY: Man bucks NYC authorities with flintlock rifle
Posted: Sat Aug 01, 2009 4:16 pm
by jimlongley
Thanks TAM, I missed that.