Recent NYS Firearms Law

[OldMaineWoodsman]

Question for NYS residents. Do any of you know if the new laws passed in NYS apply to muzzleloaders? I wrote to the Department of Environmental Conservation and received no response.

Specifically, the law now states that firearms have to be secured in a locked, "Impact, fire, and tamper-proof" hard case and hidden within your vehicle during transport.

The law is also vague (no surprise) in reference to stopping anywhere. I don't know how you stop for gas, a rest area, or even a supermarket without "leaving a firearm unattended" in your vehicle.

As much as I love my home State and enjoy hunting the Adirondacks you have to wonder if it is worth the hassle, headaches, and even the risk for non-residents. It may be time to just spend more time (and my money) in Maine.

 

[Splitear]

It doesn’t really differentiate types of firearms, but your quote is correct. However, DEC has stated that a hard plastic case will suffice. It doesn’t have to be locked unless you leave your vehicle. It’s a bit more hassle, but not enough to make me throw in the towel.

https://www.dec.ny.gov/docs/wildlife_pdf/gunfaq2022.pdf

 

[pwbsmokey]

It also doesn't have to be secured to the vehicle, so a thief can just steal the case with the rifle. NY politicians are geniuses, they pass laws that don't do anything, except harass law abiding citizens

 

[SOLANCO]

It also doesn't have to be secured to the vehicle, so a thief can just steal the case with the rifle. NY politicians are geniuses, they pass laws that don't do anything, except harass law abiding citizens

Exactly. Criminals, by definition, do not obey laws. The law only has an effect on a criminal who is caught, tried, found guilty, and sentenced. And in many cities today it is more like catch and release.

 

[OldMaineWoodsman]

Yes, because we all know that criminals are going to take a safety course, go through a background check, buy a safe, and use an "Impact, fire, and tamper-proof" hard case when transporting their firearms.

I'm not going to throw in the towel. But I am seriously considering just skipping NYS and just spending my time and money in Maine. Since the muzzleloader season doesn't start until November here in Virginia, I enjoy that October trip to the Adirondacks. I may just bird hunt in Maine instead. It both saddens and angers me what has happened in NYS, and not just the new firearms laws.

 

[Tumbledown]

I don't blame anyone for being overly cautious. The legal language is confusing at best. The problem is how the laws are written and the definitions used. In NY, "firearm" has long meant any handgun, or any long gun that is less than a defined length. NY expanded the definition of a firearm with the addition of F, in order to include arm braces and guns like AR pistols. Even though I believe rifles and shotguns are still not considered "firearms" under these laws, no one wants to be the example.

"3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon; or (f) any other weapon that is not otherwise defined
in this section containing any component that provides housing or a
structure designed to hold or integrate any fire control component that
is designed to or may readily be converted to expel a projectile by
action of explosive. For the purpose of this subdivision the length of
the barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm."

What is an "antique firearm?" A key word is UNLOADED. If you have enough powder and projectiles on hand to make it functional, it will be considered loaded.

"14. "Antique firearm" means:
Any unloaded muzzle loading pistol or revolver with a matchlock,
flintlock, percussion cap, or similar type of ignition system, or a
pistol or revolver which uses fixed cartridges which are no longer
available in the ordinary channels of commercial trade."

Just for clarity, Rifles and Shotguns include flintlock and percussion muzzleloaders.

"11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive to fire only a single
projectile through a rifled bore for each single pull of the trigger
using either: (a) fixed metallic cartridge; or (b) each projectile and
explosive charge are loaded individually for each shot discharged. In
addition to common, modern usage, rifles include those using obsolete
ammunition not commonly available in commercial trade, or that load
through the muzzle and fire a single projectile with each discharge, or
loading, including muzzle loading rifles, flintlock rifles, and black
powder rifles.

"12. "Shotgun" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive to fire through a
smooth or rifled bore either a number of ball shot or a single
projectile for each single pull of the trigger using either: (a) a fixed
shotgun shell; or (b) a projectile or number of ball shot and explosive
charge are loaded individually for each shot discharged. In addition to
common, modern usage, shotguns include those using obsolete ammunition not commonly available in commercial trade, or that load through the muzzle and fires ball shot with each discharge, or loading, including muzzle loading shotguns, flintlock shotguns, and black powder shotguns."

Couple the above legal definitions with the following restrictions regarding where "firearms" may be carried (these are the most relevant to reenactors):

(d) libraries, public playgrounds, public parks, and zoos;
(p) any place used for the performance, art entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, and gaming facilities and video lottery terminal facilities as licensed by the gaming commission;

Lastly, the new law also requires our "firearms" to be in a fire resistant, impact resistant and tamper resistant (lockable) case while in transport in a vehicle. NY also has some interesting regulations on how black powder may be transported, and these are found (oddly) under the NY Dept of Labor.

 

[stikshooter]

Question for NYS residents. Do any of you know if the new laws passed in NYS apply to muzzleloaders? I wrote to the Department of Environmental Conservation and received no response.

Specifically, the law now states that firearms have to be secured in a locked, "Impact, fire, and tamper-proof" hard case and hidden within your vehicle during transport.

The law is also vague (no surprise) in reference to stopping anywhere. I don't know how you stop for gas, a rest area, or even a supermarket without "leaving a firearm unattended" in your vehicle.

As much as I love my home State and enjoy hunting the Adirondacks you have to wonder if it is worth the hassle, headaches, and even the risk for non-residents. It may be time to just spend more time (and my money) in Maine.

If it is hidden ,how would anyone know? And to search would that not require a search warrant ? And exactly what would you be doing other than robbing a bank to get that level of attention? Or just tell them you just crossed the border and wanted sanctuary and they will send you on a fancy vacation all expenses paid by the folks already
here ! /Ed

 

[Tumbledown]

It doesn’t really differentiate types of firearms, but your quote is correct. However, DEC has stated that a hard plastic case will suffice. It doesn’t have to be locked unless you leave your vehicle. It’s a bit more hassle, but not enough to make me throw in the towel.

https://www.dec.ny.gov/docs/wildlife_pdf/gunfaq2022.pdf

And that DEC doc is confusing and legally worthless, because it uses the term "gun" and "firearm" interchangeably. Lawyers will be kept very busy with this.

Q: When I am traveling to hunt by car, how do I need to store my firearm?
A: If you are going to leave your gun unattended in your vehicle, it must be locked in a fire, impact, and tamper resistant storage container and hidden from view. Any plastic or aluminum, lockable, hard-sided, gun case or safe will suffice for this purpose. If an adult remains with the vehicle to ensure security, a case or safe is not required. To prevent theft and ensure safety, we recommend always securing your firearms during transport. Local rules for traveling with firearms also apply and may be more restrictive. For example, New York City requires that all guns be unloaded, in a case, and out of sight, even when you are with the vehicle.

Q: How am I required to store my guns?
A: If anyone under 18 years of age or anyone who is prohibited from possessing a gun resides in the home, all firearms, rifles, and shotguns not in your immediate control must either be secured with a gun locking device (trigger lock or cable lock) that makes them incapable of being fired or securely locked in a safe or secure container that is fire, impact, and tamper resistant and which is locked with a key, keypad, or combination.

 

[Adkarcher]

Good lord, I was planning on hunting the Holiday season, assuming they have it again this year, as I did last year with my son. So glad I left NY, now I need to figure what I can and can't do. Maybe I will just bring my longbow or as others have said, screw NY and spend my money elsewhere....

 

[Tom A Hawk]

Anybody seen a reasonably priced hard case long enough to hold a long rifle?

Once again the brilliant Dems put the cart before the horse. Under the new law, purchasers of semi automatic unmentionables must obtain a "license". However no such license currently exists and the State police are clueless.

 

[OldMaineWoodsman]

Good lord, I was planning on hunting the Holiday season, assuming they have it again this year, as I did last year with my son. So glad I left NY, now I need to figure what I can and can't do. Maybe I will just bring my longbow or as others have said, screw NY and spend my money elsewhere....

They only understand money. If out of State hunters stopped going there, not just muzzleloaders but the regular firearms season deer hunters and duck and bird hunters they will notice the revenue loss.

The DEC will lose that non-resident license revenue. The hotels, motels, and few remaining sporting camps will take a hit. Local businesses and the local economy will see a drop. When they ask where everyone went, they will find out we went to Maine, New Hampshire, or Vermont. All much more sportsman friendly.

The democrats in NYC and the surrounding area simply don't care. They have an agenda which is no firearms and no hunting. They see the Adirondacks and rural upstate NY as something to develop.

 

[colimr]

welcome to the world of living in NY and being a firearm owner .Now imagine being a firearm owner and living within 500 yards of 3 schools middle , JR high and senior high and loading your firearms in your car to go hunting or target shooting ( with an evil unmentionable black rifle ) after a school shooting 10 states away . The local PD is very understanding

 

[Adkarcher]

They only understand money. If out of State hunters stopped going there, not just muzzleloaders but the regular firearms season deer hunters and duck and bird hunters they will notice the revenue loss.

The DEC will lose that non-resident license revenue. The hotels, motels, and few remaining sporting camps will take a hit. Local businesses and the local economy will see a drop. When they ask where everyone went, they will find out we went to Maine, New Hampshire, or Vermont. All much more sportsman friendly.

The democrats in NYC and the surrounding area simply don't care. They have an agenda which is no firearms and no hunting. They see the Adirondacks and rural upstate NY as something to develop.

Oh I get it, spent 42 years in central NY, well aware of the corrupt, idiotic liberal democrats from downstate that are clueless. I literally spent $100 on a license for 1 day last year just because it gave us a chance to hunt together, but what a hassle. Only in NY.

 

[Tom A Hawk]

This is only a first step. Here is an explanation of the longer term plan to ban concealed carry in NYS.

 

[Splitear]

It's been really frustrating trying to figure out these laws. I run a youth shooting sports program, and trying to get straight answers about how the laws changes will affect our program has been difficult. DEC has provided us with some of the clearest guidance. As of right now, it primarily impacts how we transport our firearms to events. I'm very hopeful that that is as far as it goes, but who knows.

I know that in addition to the confusion around poorly conceived and written laws, there is very little guidance in terms of enforcement and implementation. For instance, ammunition purchases are supposed to be logged with the state I believe, but as of right now, there is no place to log purchases. I am hearing anecdotally that this is causing some of the big retailers to put a stop to firearm and ammunition purchases until the state provides more information. I haven't been to visit my local Walmart or Dicks, but apparently there are few around the state that have removed firearms and ammunition from their shelves for the time being.

Long story short, these laws made life more difficult for firearm owners in NYS, while, in my opinion, providing very little substance that will prevent gun violence.

 

[OldMaineWoodsman]

The Governor is drunk with power and out of control. The only reason she let the COVID restrictions expire this week is because the Govenor's election race is a little more competitive than they expected.

 

[sussexmuzllodr]

Spending all of my life in NJ Part of it living in Sussex County nothing has ever been done by any Democratic Lawmaker to uphold or strengthen anything regarding 2 A rights. A never ending bunch of hurdles to jump through, for Retailers as well. recently they wanted to pass a Law that required you to store your gun separate from ammo both locked up....IN YOUR HOME! NOW THE GOVERNMENT IS IN YOUR HOME! INSANITY! that can only be brought on by the most ignorant of Voter Bases. However.....you can smoke all the dope you want to now....bailed out and left for a free State like many others. Years ago I said some States are going to splinter of into pseudo communist regimes......

 

[Adkarcher]

If you have friends or family in free states that you visit, there is no reason to ever buy ammo or guns in NY unless you absolutely have too.

 

[Antonio Ferraioli]

There will be or are in the making law suits to get rid of some of her idiot laws, most are directed at NYC. Our Gov has no clue in running this state except to give her donors and family millions. After the midterms things will change.

 

[Tom A Hawk]

There will be or are in the making law suits to get rid of some of her idiot laws, most are directed at NYC. Our Gov has no clue in running this state except to give her donors and family millions. After the midterms things will change.

Exactly! I think they are intentionally allowing this situation to fester and rot until it properly stinks at midterms.