NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4169
SPONSOR: Weprin TITLE OF BILL: An act to amend the penal law, in relation to prevent-
ing 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 offi-
cers 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 specif-
ically 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 crimi-
nal 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-load-
ing 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 danger-
ous 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: A11459 of 2010
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: On the 180th day after becoming a law.
STATE OF NEW YORK
________________________________________________________________________
4169
2011-2012 Regular Sessions
IN ASSEMBLY
February 1, 2011
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to preventing certain people
from lawfully possessing certain rifles, shotguns, and firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 265.01 of the penal law, as added
2 by chapter 1041 of the laws of 1974, is amended to read as follows:
3 (4) He possesses a rifle [or], shotgun, antique firearm, black powder
4 rifle, black powder shotgun, or any muzzle-loading firearm, and has been
5 convicted of a felony or serious offense; or
6 § 2. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08791-01-1
