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 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.