is it legal for a non resident to bring a bp revolver to nys

**heaterbob** · 06-25-2012, 06:58 PM

as a resident of PRNJ, I was wondering if I could bring a black powder revolver with me when I visit family in upstate. I know NY has strick hand gun laws and I don't feel like getting jammed up.

**Justin** · 06-25-2012, 07:03 PM

As long as you do not have any of the components to load/fire it you should not have a problem.... But that's just my opinion.

**Bill** · 06-25-2012, 07:08 PM

Should be Ok as NY doesn't make us register them unless we have loading components like Justin said.

**heaterbob** · 06-25-2012, 07:12 PM

ok, but once I get there how can I shoot it without the loading components

**heaterbob** · 06-25-2012, 07:13 PM

you also said should be ok, I really don't want to be a test case

**Justin** · 06-25-2012, 07:14 PM

Originally Posted by heaterbob

ok, but once I get there how can I shoot it without the loading components

You can't unless you have a NYS permit and the gun is registered on it.

**Bill** · 06-25-2012, 07:18 PM

Once you get there just give it to a family member to put on their permit. When you return you can watch them shoot it because it would be illegal for you to even touch it. Ya NY sucks that bad.

**heaterbob** · 06-25-2012, 07:23 PM

that must have been my brothers plan all along

**Temporaryscars** · 06-25-2012, 07:59 PM

Yeah, I think they set it up that way so that people who just wanted show-pieces to hang on the wall could do so without having to own a permit.

**Bill** · 06-25-2012, 08:14 PM

Maybe a better option is to mail it up, give your brother a week to get it on his permit then drive up the powder, balls and caps to watch him shoot it.

**heaterbob** · 06-25-2012, 08:28 PM

I guess I'll just have him come down here to use my handguns without fear of prosecution plus he gets 5 extra rounds to try and hit the target

**Bill** · 06-25-2012, 08:43 PM

Originally Posted by heaterbob

I guess I'll just have him come down here to use my handguns without fear of prosecution plus he gets 5 extra rounds to try and hit the target

2 PRNJ laws I'm actually jealous of.

**heaterbob** · 06-28-2012, 07:16 AM

Originally Posted by Bill

2 PRNJ laws I'm actually jealous of.

yeah the ranges are at least exempt locations, but i would like to use free america mags. I hate living in a state that
wants to be a posterchild for gun control

**mfaith** · 06-28-2012, 07:31 AM

I just bought one from carbelas and i didn't have to put it on my permit. They mailed it right to me. No FFL.

Originally Posted by Justin

You can't unless you have a NYS permit and the gun is registered on it.

**jmcfee** · 06-28-2012, 08:34 AM

Originally Posted by mfaith

I just bought one from carbelas and i didn't have to put it on my permit. They mailed it right to me. No FFL.

its not considered a firearm until you possess the materials to make it fire. Once you have those materials it needs to be on your permit, or its a felony. yes, nys sucks.

**Chicken Shoot** · 06-29-2012, 04:45 AM

I'm confused .. I thought a BP pistol was legal to own/possess and use ... or is that only for revolver type BP pistols. I don't own any and not sure I'd want to, but I have seen a few single shot BP pistols that were very nice.

**Justin** · 06-29-2012, 06:47 AM

Originally Posted by mfaith

I just bought one from carbelas and i didn't have to put it on my permit. They mailed it right to me. No FFL.

I didn't say you couldn't buy/own one without a permit....

**IDF** · 06-29-2012, 09:46 PM

Originally Posted by Chicken Shoot

I'm confused .. I thought a BP pistol was legal to own/possess and use ... or is that only for revolver type BP pistols. I don't own any and not sure I'd want to, but I have seen a few single shot BP pistols that were very nice.

you can own it you just can't use it. unless you have the permit.

**Chicken Shoot** · 06-30-2012, 01:47 AM

Originally Posted by IDF

you can own it you just can't use it. unless you have the permit.

Oh that's BS!! Can you write me a permission slip then??

**ronnyvous1** · 12-13-2012, 11:50 AM

NYS regs are that you cannot posess the gun and the components to make it function without it being on a permit, SS or revolver. At one time, there was an exception to the rule for people shooting traditional BP handguns in a sanctioned competition in NY. They had to carry locked in a case, with a copy of the shoot program in hand. We used to have a lot of reenactors doing flint pistol competitions from out of state visit. This goes back 20+ years, so i have my doubts that it is still a valid exemption.

**kkelley** · 12-13-2012, 12:57 PM

Reenactors still use them, I've seen it first hand. My brother is into that, and I've watched a few here in NY where people traveling from all over bring their BP pistols. I'm sure they do not bring projectiles though, just powder and wads. It's a big no no to use a gun you've fired a bullet out of for reenacting. They worry about any residual lead being in the barrel, no matter how much you've cleaned it.

As others have said we can all have a BP pistol, but the moment we want to fire it (or possess the components to do so), it has to be registered on your permit, and is treated as a "firearm" by the law.

**Bob11** · 12-13-2012, 01:06 PM

That's really pathetic that Black Powder needs to be registered....Like someone is going to go on a shooting spree with one? Really?

**BigBoreBLR** · 01-12-2013, 08:22 PM

Our state prison system has good food and superb nightlife. Want to come over and plink some rounds? Bring a 22lr rifle......

**chrismm** · 01-28-2013, 08:12 PM

Its my understanding that you can have on your possession only two components so you can make noise with it. Just don't have all three, that's considered intent to discharge a fire arm in ny. I have no intent to load, discharge, make noise, shoot are have on my possession all three components at the same time. I take mine to PA to shoot, hell they even let me hunt with them no ? asked. Think of this once there on your permit you are limited for all sorts of things like resale......................................

**Enigma** · 01-28-2013, 08:45 PM

If it can be made to shoot with components you "possess control over", then it becomes considered a loaded firearm. You don't need to have them all on you. If the cap and powder are on you, and the balls are at home - that can be considered "constructive possession".

It's a Class C Felony outside of your home or business. I think it's a Class A Misdemeanor in your home or business.

Here's the Penal law if anyone is interested. I bolded the key parts:

A person is guilty of criminal possession of a weapon in the second degree when: (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.

265.00 Definitions
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. 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.

* 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.

15. "Loaded firearm" means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.