What is the actual NYS legal definition of a pistol/revolver?

[That_FNG]

So this is a spin off of a discussion I’ve had with friends. What is the actual legal nys definition of a pistol or revolver as listed in NYS penal code. Rifle, shotgun, other, firearm and assault weapons all have specific legal definitions that define exactly what they are and what they are not. What specific section of the law lists what defines something as a pistol or a revolver?

for example federal law in section 18 U.S.C. specifically defines what constitutes a pistol. I can find no such section in NYS penal code that does similar.

For example:

Firearms Verification​

Gun Control Act Definitions​

Pistol​

18 U.S.C., § 921(A)(29) and 27 CFR § 478.11

The term “Pistol” means a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having:

• a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s);
• and a short stock designed to be gripped by one hand at an angle to and extending below the line of the bore(s)

I have had several people tell me that certain pistols are illegal in nys due to barrel length being greater than 14” or over all length being greater than 26” or that a pistol is equipped with a pistol stabilizing brace. So how can a pistol be illegal in nys (outside of clearly defined assault weapon features) if there is no definition of what a pistol/revolver is?

 

[Saltwater60]

Look at section 3 of this link for your answer. Says firearm aka pistol has a barrel less than 8” in length but then give other parameters for other weapons being over 8” being legal or not.

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

 

[dsdmmat]

A pistol as known to the rest of the world is a Firearm or assault weapon in NY. It is illegal to possess a firearm in NY if it is not on a license. As far as AWs go you know the drill on those.

 

[That_FNG]

Look at section 3 of this link for your answer. Says firearm aka pistol has a barrel less than 8” in length but then give other parameters for other weapons being over 8” being legal or not.

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

Yes according to that a pistol/revolver can be a firearm, but a rifle or shotgun can also be a firearm. So just because something is a firearm does not mean it is a pistol/revolver. That’s defining what a firearm is, but not defining what a pistol or revolver is.

for example section 265.11 clearly has a legal definition for what constitutes a gun being a rifle:

. "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.”

so if a gun does not meet the legal criteria laid out in the description of rifle, it by default can not legally be a rifle. Where is the description / criteria of what constitutes a pistol or revolver? What section lays out what makes a pistol different from a revolver?

How could someone look at a gun that is said to be or not be a pistol or revolver and claim that according to the law it is or isn’t?

for example how could some counties claim a Thompson center contender pistol, AR pistol, or AK pistol is or is not a pistol if there is or is not clearly defined legal definitions of what something is or isn’t?

 

[dsdmmat]

The federal government has defined those terms. No need for the state to further define them.

 

[Xae289]

Yup. Look to the Federal statutes for the definitions of pistol, revolver, shotgun, or rifle. NY law defines "Firearm" as any pistol, revolver, SBR, or SBS.

 

[FP1201]

So this is a spin off of a discussion I’ve had with friends. What is the actual legal nys definition of a pistol or revolver as listed in NYS penal code. Rifle, shotgun, other, firearm and assault weapons all have specific legal definitions that define exactly what they are and what they are not. What specific section of the law lists what defines something as a pistol or a revolver?

for example federal law in section 18 U.S.C. specifically defines what constitutes a pistol. I can find no such section in NYS penal code that does similar.

For example:

Firearms Verification​

Gun Control Act Definitions​

Pistol​

18 U.S.C., § 921(A)(29) and 27 CFR § 478.11

The term “Pistol” means a weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having:

• a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s);
• and a short stock designed to be gripped by one hand at an angle to and extending below the line of the bore(s)

I have had several people tell me that certain pistols are illegal in nys due to barrel length being greater than 14” or over all length being greater than 26” or that a pistol is equipped with a pistol stabilizing brace. So how can a pistol be illegal in nys (outside of clearly defined assault weapon features) if there is no definition of what a pistol/revolver is?

While most States accept and use the definitions of Firearms, Ammunition, and weapons set forth by the Federal Government (BATFE), New York has its own definitions as though the Legislature knew more about the Subject than the experts regulating the entire Country.

Ordinary Folks find understanding New York's Laws impossible, Dealers find it damn difficult. and Law Enforcement twists it for the Courts. The Press is clueless, and those actually writing the Laws only know what they're told to say.
Fucked we are....yesss, fucked.

 

[That_FNG]

The federal government has defined those terms. No need for the state to further define them.

So then why does the state have definitions for rifle or shotgun and for assault pistol?
If the state is deferring to using federal definitions then if a pistol/revolver meets the federal definition of a pistol/revolver then how can the state say that it is not and thus refuse to add it to one’s permit?

 

[FP1201]

So then why does the state have definitions for rifle or shotgun and for assault pistol?
If the state is deferring to using federal definitions then if a pistol/revolver meets the federal definition of a pistol/revolver then how can the state say that it is not and thus refuse to add it to one’s permit?

There are anti-gun entities that concoct Legislation based on their limited or ill-researched knowledge on the subject of "guns" ammunition, and accessories; these people submit their proposals to Legislators with promises of election support, while feeding their narcissistic egos with promises of fame and increased positions...they really don't know jack-shit about the subject they're sponsoring or passing off as their own ideology for the salvation of the State; they truly ARE "dumb and lazy" but don't believe me, just ask them to explain the definitions, necessities, or even end goals to the Bill presented...they can't, won't, and instead will admonish YOU to read it and figure it out for yourself.

 

[dsdmmat]

So then why does the state have definitions for rifle or shotgun and for assault pistol?
If the state is deferring to using federal definitions then if a pistol/revolver meets the federal definition of a pistol/revolver then how can the state say that it is not and thus refuse to add it to one’s permit?

Who knows why state legislators do anything that they do?

 

[Rocpo]

Who knows why state legislators do anything that they do?

Money, Power or Media attention

 

[That_FNG]

So there is no legal definition in nys penal code which constitutes what a pistol or revolver is.

 

[Xpxsquirrel]

Look at section 3 of this link for your answer. Says firearm aka pistol has a barrel less than 8” in length but then give other parameters for other weapons being over 8” being legal or not.

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

The intent of section 3 was to make a bucket to cover anything not defined to close the any other weapon "loophole". Don't see anything about 8" but do see 18" and 16" for shotgun and rifle barrel lengths. In either case doesn't define a pistol just a buck for things in any other weapon territory.

 

[FP1201]

So there is no legal definition in nys penal code which constitutes what a pistol or revolver is.

Go and read through P.L.265: and 400: the answers there will lead you to more questions along with plenty of WTF?