NY legal integrally suppressed .50 muzzleloader
- Thread starter Prudii
- Start date
Marine Cpl
.577 Tyrannosaur.
I'm not getting it. Why is this not NFA regulated?
Prudii
.357 mag
I'm guessing it has something to do with it being welded in place on a muzzleloader.
Muzzleloader are "antique firearms" and silencers are only regulated if they can be attached to a "firearm" from what I can tell reading through faq by welding it onto the muzzleloader it is no longer a silencer it becomes a part of the muzzleloaders barrel. And the muzzleloader is unregulated as it qualifys as an antique.
There is an ATF decision PDF right on the page.
Marine Cpl
.577 Tyrannosaur.
But NY Penal Law 265 says this.
2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.
A muzzle loader is a gun. So once again, not in NY. While it may be legal federally, no so in NY.
2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.
A muzzle loader is a gun. So once again, not in NY. While it may be legal federally, no so in NY.
Is that defined in the law?
Marine Cpl
.577 Tyrannosaur.
Nope. It's a poorly written law once again. You'd have to say it isn't a gun and defend that in court and convince a judge and or jury.
They'd actually have to prove that it was.
Marine Cpl
.577 Tyrannosaur.
And you'd have to pay for it.
Robin
.475 A&M Magnum
I'm not sure the muzzleloader is a gun , in NY legalese. I know I don't consider that particular configuration of firearm a muzzleloader, silenced or not.
Robin
Robin
Marine Cpl
.577 Tyrannosaur.
There is no definition for gun. They'd read the definition from a dictionary to the jury. They'd either accept it or not depending on how smart they are. After that, you'd either walk free or have to appeal.
garyv350
.357 mag
What about my air rifles that are integrally suppressed?
ManrisFrack
6.5 Creedmoor
Airguns with suppressors are legally bought, sold and possessed in NY. The good thing is that SilencerCo might actually pitch in to help defend the first poor schmuck.
garyv350
.357 mag
I know......point was exactly that. They are here and legal.
And suppressed.
And suppressed.
The ATF defines it in the approval letter. Seems alright...
Marine Cpl
.577 Tyrannosaur.
The ATF doesn't approve against NY law. If that were the case, then we can have SBR's.
Oh I know.. such a screwed up system..... What's simple isn't actually simple. Nor legal.... Nor anything but complicated. FUNYS.FUAC.
Marine Cpl
.577 Tyrannosaur.
You have to realize something. Just because something isn't enforced, it doesn't mean it isn't illegal as per a poorly written law that was written in a way to not account for other factors.
If an airgun is considered a gun, then the law would apply to it. Just like open carry. According to the law, it is illegal yet you hunt open carrying because there is no other way to do it. It isn't enforced. The same goes with armed guards. The penal law says that they must carry concealed. It's accepted for them to open carry because how stupid would it be for a uniformed guard to conceal a Glock 19 under his uniform shirt. The same goes with threaded barrels. Technically by law they are illegal. But pinning has been accepted. The threads are still there.
My point is that the laws say otherwise. Not that it's accepted.
kev74
20×102mm Vulcan
The definition of firearm suppressor doesn't include 'Antique Firearm'. Its not an 'any other gun', its an Antique Firearm as per the definition in 165.
Marine Cpl
.577 Tyrannosaur.
The offending word is "Gun" in the definition of Firearm Silencer in NY Penal Law 265.
2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.
Marine Cpl
.577 Tyrannosaur.
Nevermind constitutionality. Any appeals court judge that isn't politically bought can turn these laws upside down and strike them from the penal law due to how poorly written and contradictive they are.
Exonautic
.308 Win
but if you can have it shipped to your door, as we can with muzzleloaders, its not by legal definition a gun.
Marine Cpl
.577 Tyrannosaur.
That's the issue. NY has no definition of " GUN." Yet it would be used against you if arrested and charged. Your expensive vacation may end well or it may not end at all.
Cureforcancer
.223 Rem
First the shockwave now this. Gun manufacturers are looking for new means of revenue. 
kev74
20×102mm Vulcan
Since there's no definition of 'gun', does that mean a bow with string silencers is a suppressor? How about a crossbow with fuzzy bits on the string?
I understand your paranoia, but typically that's not how laws are interpreted.
If we want to get really nutty, an indoor range is a silencer because it is intended to muffle the sound of gunfire. The definition doesn't say the silencer has to be attached to the gun. So that cluster of evergreen trees planted along the outdoor range is also a silencer.
Exonautic
.308 Win
Well yeah They can't sell by mass production anymore so now they actually have to innovate.First the shockwave now this. Gun manufacturers are looking for new means of revenue.
Cureforcancer
.223 Rem
I see NO problem with it...just saying.
kev74
20×102mm Vulcan
Earmuffs and ear plugs are silencers too!
Give yourselves up, you bunch of stinkin' felons!!!!
Give yourselves up, you bunch of stinkin' felons!!!!
