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Is It Legal To Carry A Flintlock Pistol In New York

Flintlock Pistol Gun License?

Guns that fire black powder are not considered "firearms" by the ATF. However, they are "weapons of offense or defense", and so come under State laws. Check your State's laws on carrying weapons. In Georgia, we liscence the person, not the weapon. In New York City, the person must be liscenced, and each individual weapon also liscenced. Contact a good lawyer, and they will set you right.

Can a felon own a black powder pistol in Illinois?

Technically, in New York State, the law differentiates between black powder design replica antiques and modern firearms. A felon on parole will generally have stricter rules, not always based on legislative law. (Only because parole officers have special authority on these matters.) An ordinary felon, no longer in prison or on parole would have greater freedoms to live as an ordinary citizen.Generally speaking, most laws are consistent across state lines, with their citizens under similar restrictions. In New York, a replica antique black powder firearm is not considered a firearm unless it’s been loaded or fired. Once it’s been loaded or fired, all such distinction is lost.Laws regarding these rather obtuse devices are always under revision, regardless of the State. Unless the replica is obviously pristine, never loaded or fired, a felon will be subject to arrest. Frankly, if the investigating officer is unsure or not knowledgeable about the specifics of the law or the condition of the device, again, the felon will be arrested.A good attorney can indeed offer a good affirmative defense that an unfired, unloaded replica antique black power arm is not a firearm. However, I can only wonder why someone, especially a felon, would risk arrest over such an unusual “paperweight”.

What states allow open carry?

The states not named California, Florida, Illinois, New York or South Carolina.New Jersey technically has the same may issue policy as for concealed carry. A permit is issued that allows both. A professor was recently arrested for having an unloaded flintlock pistol, that was last fired when New Jersey was part of England, in his car.

Is it legal to carry a Flintlock pistol without ammunition in new york?

I want to know if carrying a 1700s pistol is legal to carry in New York especially with out ammunition. I don't want to use it for harm. But more for show and protection. (by protection I mean when people are trying to attack me , I show off the gun to scare them off.)

In New York State is a pistol permit required for Black Powder Pistols?

@ Katey what are you talking about? he needs a permits to buy and own any pistol he intends to fire: the antique classification doesn't apply to guns he plans to load and shoot. he clearly said he want to hunt and do target shooting.

>>"Persons who shoot muzzle-loading handguns must be properly licensed....antique handguns (as defined in the code) must be unloaded and possessed without the materials required for loading."<<
page 4
http://www.nraila.org/statelawpdfs/NYSL....

The only weapons that can be bought over the counter without a purchase permit are rifles & shotguns (Except in New York City), and antiques as defined in the code. But still a license is required to possess, collect and carry antique pistols.

And Wolverine: powdering an "antique pistol" automatically voids the "antique pistol" classification and makes it into an “antique firearm,” and then you would need all the permits you would need for a regular firearm, no matter how old is the pistol.

Why do you need tactical rifles?

I just moved here from Albania and I think the gun laws here are insane. Why do you have military style rifles for sale here? I cant think of a single reason a citizen needs a 30 round tacticle rifle

Do you require a license to carry a black powder revolver?

Do you require a license to carry a black powder revolver?I don't, personally. You can carry whatever you'd like on my property as long as you behave yourself with it!In public, however......most states will require you have a license to carry weapons, if applicable.While a black powder revolver is not defined as a 'firearm' under federal law and not regulated like modern guns are (ones made after 1898 that fire a fixed cartridge), it is still a deadly weapon because a 'reasonable' person would believe that it would kill someone you might shoot with it. Most states either prohibit the carrying of dangerous (reasonably likely to result in severe injury) or deadly (reasonably likely to result in death) weapons in public or else  allow holders of a state issued permit granting the legal ability to carry said weapons in public.You can mail order a black powder revolver and not need to mess with BATFE Form 4473 or the NICS check, but don't get caught carrying it without a permit if your state requires one for deadly weapons. Or, for that matter, even dangerous weapons, such as a blackjack, sap, baton, Taser, or the like. If you get caught with any of those but not having the permit to carry it, 30 days in jail is a fairly common outcome. You also don't want the misdemeanor conviction on your record since they're so commonly checked by potential employers these days!

Are modern muzzleloaders legally considered firearms in the U.S.?

According to 18 U.S.C. § 921(a)(3):The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.According to 18 U.S.C. § 921(a)(16):(16) The term “antique firearm” means—(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or(B) any replica of any firearm described in subparagraph (A) if such replica—(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.Muzzleloaders are not legally considered firearms in the US on the federal level. However, in a select few states, muzzleloaders and even air guns are considered firearms. Muzzleloaders are considered deadly weapons in all states from a law enforcement perspective.So, for the most part, modern muzzleloaders are not considered firearms, even if they look like this:Source: (Looking for a Modern Muzzleloader...)

Is is true that you can legally make your own weapons? Does this extend to high quality mimics of actual firearms using 3D printers or custom hand designs? Would making a firearm this way allow you to legally make it fully automatic?

Within the United States, it is generally legal to make any firearm you could purchase. While laws by state vary, on the basic federal level you can manufacture anything you like without a permit as long as you don't violate the National Firearms Act. In essence, this means you must file and get approved lengthy legal paperwork for any of the following: silencers, fully automatic and burst fire weapons, destructive devices, short barreled shotguns and rifles, miscellaneous "Any Other Weapons".On the other hand, you can build any of the following without any paperwork whatsoever: rifles, pistols, revolvers, shotguns, black powder weapons.The quality and method by which you produce a firearm is not regulated as of yet.

Can a felon own a black powder gun in Florida?

That’s a very good question. The bottom line is that the statutes and case law are contradictory enough that you could be arrested for possessing a percussion or flintlock firearm, even though the statutes seem to allow it. And if you were to use the gun in a crime, you would certainly be charged with unlawful possession of a firearm and using a firearm to commit a felony.Felons in Florida are prohibited from owning firearms unless their rights have been restored by a court of law. However, Florida’s definition of “firearms” specifically exempts “antique firearms,” and replicas, which are defined as “any firearm manufactured on or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918.”So that’s pretty straightforward. You should be able to own, for example, a Ruger Old Army percussion pistol (shown above). The problem is that prosecutors have disagreed, and the courts have backed them up.David Bostic found this out the hard way. A convicted felon, Bostic had purchased a percussion-fired, muzzleloading rifle for hunting and had been charged as a felon in possession of a firearm. Bostic had argued that the gun was not a firearm under Florida law, but the trial court had rejected that, and basically said that if you were a felon you were prohibited from having even a percussion or flintlock (which seems to contradict the state statutes).In 2005, the Fifth District Court of Appeals weighed in, saying that the lower court was wrong, and that felons were allowed to own antique or replica antique firearms, but upheld Bostic’s conviction on the grounds that his particular rifle did not meet the statutory criteria for a “replica antique,” even though it used a percussion ignition system and the statute specifically identifies modern-made guns with percussion ignition systems as “antique replicas.” The court took exception to the fact that the rifle had a fiber-optic sight on it, which were not in use in the 1800s.That seems disingenuous to me. But there are other cases in which felons have been denied the right to own percussion or flintlock pistols as well, so regardless of what the law seems to say, it looks like there’s a good chance of being prosecuted if you’re caught with one.