Non-ResidentsDecember 5, 2011
Machine GunsDecember 5, 2011
The New York definition of a firearm does not include an antique firearm. An antique firearm is any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver that uses fixed cartridges that are no longer available in the ordinary channels of commercial trade. A license is not required to possess, collect or carry an unloaded antique firearm.
However, a license is required to possess, collect and carry antique pistols. The licensing statute defines an antique pistol as: any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before l898, which is not designed for using rim-fire or conventional center-fire fixed ammunition; and any replica if such replica is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition, or uses rim-fire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. To the extent that an “antique pistol” is not also an “antique firearm,” a license would be required for lawful possession.
NY Law has interpreted this to mean antique rifles, shotguns, handguns, and replicas thereof, are generally exempt from the above restrictions and can be bought and possessed without a permit. (Persons who shoot muzzleloading handguns must be properly licensed.) However, to fall within the exemption, antique handguns must be unloaded and possessed without the materials required for loading.
Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.