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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About S.C.O.P.E.

The Shooter’s Committee on Political Education was founded in 1965 by a group of firearms owners in western New York.  SCOPE is a civil rights organization focused on the protection and preservation of the right of firearms ownership as guaranteed by the Second Amendment to the Constitution of the United States.

It does not align itself with any political party nor does it endorse any candidates for elective office.  Our function is to counter assaults on the right of firearms ownership.  This entails providing legislators and executives with timely and accurate information to support sound decisions.

SCOPE's Mission Statement

SCOPE'S Mission:

SCOPE’s purpose is to maintain the right of individuals to own and use firearms for lawful purposes.  Inform members about antigun/gun owner legislation.
Stop antigun/gun owner legislation in New York State. Educate the public on the positive aspects of firearm ownership, and their Second Amendment rights.

What is S.C.O.P.E.

SCOPE is a New York State Not For Profit Volunteer Organization dedicated to the preservation of the Second Amendment Rights for New York Citizens.

SCOPE will oppose, with all its resources, any proposal that is not based on sound technical grounds or that infringes on the rights of firearms owners for the purpose of promoting a political philosophy, advancing a social theory, or as an emotional response and is not based on clear Constitutional grounds.

 

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