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Posted: 10/21/2016 8:52:33 PM EDT
I know this is futile and will go nowhere, so let's just proceed with this as a thought experiment...

I was reading the definition of antique firearm (below), and was pondering what defines commercial trade, and what the definition of ordinary channels is.  It would seem to me that ever since the SAFE act ammo has been separated from ordinary commerce and regulated in its own way unlike any other good in the state.  If the background system is ever up and running (how ordinary is a single states regulation of ammo?), would that make ammo not available in ordinary channels?

An "antique firearm" is defined as 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. NY Penal Law § 265.00(14). A license is not required to possess, collect or carry an unloaded antique firearm.
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Link Posted: 10/22/2016 7:58:02 AM EDT
[#1]
Ha.

Ordinary channels is mail order in the US.

So if 9mm is no longer available via the ordinary channel of mail order,  I guess my Glock is antique according to the safe act...

So you can own one without a permit?

Only problem is that means you cant keep any 9mm ammo in the house or it is considered loaded.
Link Posted: 10/22/2016 12:19:47 PM EDT
[#2]
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Quoted:

I guess my Glock is antique according to the safe act...

So you can own one without a permit?
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Is your Glock a muzzle loader?
Link Posted: 10/22/2016 1:01:18 PM EDT
[#3]
One would "think" that handguns using ammunition fitting that description would be disqualified, however you'd have to prove an arbitrary point in Court or at least convince the DA not to pursue charges over getting pinched.....it never ceases to amaze me the shear number of nickle plated top break revolvers that "appear", most of which haven't been made in a century....Cops I know wouldn't make an issue of you having an antique Pin-Fire revolver unless you were involved in some sort of action requiring their attention. Of course that will vary from place to place, person to person.
Plaze yo' money, throw da dice.  
Link Posted: 10/22/2016 1:54:08 PM EDT
[#4]
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Quoted:
Ha.

Ordinary channels is mail order in the US.

So if 9mm is no longer available via the ordinary channel of mail order,  I guess my Glock is antique according to the safe act...

So you can own one without a permit?

Only problem is that means you cant keep any 9mm ammo in the house or it is considered loaded.
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Dave, do you have a link to a legalese type website that says that?  If that's true it would make it seem like all pistols got antiqued by definition...
Link Posted: 10/22/2016 3:53:28 PM EDT
[#5]
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Quoted:


Is your Glock a muzzle loader?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

I guess my Glock is antique according to the safe act...

So you can own one without a permit?


Is your Glock a muzzle loader?


No but the definition says that if the ammo is not available through normal commercial channels then it is an antique.

So 9mm is no longer available through the most normal channel......
Link Posted: 10/22/2016 5:12:54 PM EDT
[#6]
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Quoted:


No but the definition says that if the ammo is not available through normal commercial channels then it is an antique.

So 9mm is no longer available through the most normal channel......
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Quoted:
Quoted:
Quoted:

I guess my Glock is antique according to the safe act...

So you can own one without a permit?


Is your Glock a muzzle loader?


No but the definition says that if the ammo is not available through normal commercial channels then it is an antique.

So 9mm is no longer available through the most normal channel......


Walmart and the LGS would be considered pretty normal channels.
Link Posted: 10/22/2016 6:29:51 PM EDT
[#7]
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Quoted:


Walmart and the LGS would be considered pretty normal channels.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:

I guess my Glock is antique according to the safe act...

So you can own one without a permit?


Is your Glock a muzzle loader?


No but the definition says that if the ammo is not available through normal commercial channels then it is an antique.

So 9mm is no longer available through the most normal channel......


Walmart and the LGS would be considered pretty normal channels.


When or if the background system kicks in, wouldn't that not be normal?
Link Posted: 10/24/2016 9:48:15 AM EDT
[#8]
This came up somewhere a few years ago.

I believe if the ammo can be purchased, even with some difficulty, it would be considered commercially available.   However, if you have to reform your own brass, it would fall into the "not a firearm" category.

The specific discussion at the time IIRC revolved around belt-fed full auto using pinfire ammo.  And, said discussion also involved federal law.  Consensus was that it would be legal, but nobody wanted to be the test case.

I guess where this could come into play is if you converted your .45 into .4499 NYHTF and had to shape your own brass and ammo.  Problem is, you'll still get busted and still pay a lawyer, and there is no compensation for "oops we were wrong".
Link Posted: 10/24/2016 10:56:42 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
This came up somewhere a few years ago.

I believe if the ammo can be purchased, even with some difficulty, it would be considered commercially available.   However, if you have to reform your own brass, it would fall into the "not a firearm" category.

The specific discussion at the time IIRC revolved around belt-fed full auto using pinfire ammo.  And, said discussion also involved federal law.  Consensus was that it would be legal, but nobody wanted to be the test case.

I guess where this could come into play is if you converted your .45 into .4499 NYHTF and had to shape your own brass and ammo.  Problem is, you'll still get busted and still pay a lawyer, and there is no compensation for "oops we were wrong".
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Wouldn't you also in that case have to crate a chamber reamer to show that a .4499 NYHTF won't accept .45 rounds? Otherwise they would just claim that there is no .4499 and you're just trying to illegally skirt the law.
Link Posted: 10/24/2016 11:59:49 AM EDT
[#10]

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Quoted:





Wouldn't you also in that case have to crate a chamber reamer to show that a .4499 NYHTF won't accept .45 rounds? Otherwise they would just claim that there is no .4499 and you're just trying to illegally skirt the law.
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Quoted:



Quoted:

This came up somewhere a few years ago.



I believe if the ammo can be purchased, even with some difficulty, it would be considered commercially available.   However, if you have to reform your own brass, it would fall into the "not a firearm" category.



The specific discussion at the time IIRC revolved around belt-fed full auto using pinfire ammo.  And, said discussion also involved federal law.  Consensus was that it would be legal, but nobody wanted to be the test case.



I guess where this could come into play is if you converted your .45 into .4499 NYHTF and had to shape your own brass and ammo.  Problem is, you'll still get busted and still pay a lawyer, and there is no compensation for "oops we were wrong".


Wouldn't you also in that case have to crate a chamber reamer to show that a .4499 NYHTF won't accept .45 rounds? Otherwise they would just claim that there is no .4499 and you're just trying to illegally skirt the law.



If the push for .50 caliber bans gets traction, I suspect you will see the development shortly thereafter of .495 caliber firearms.  IMHO, as long as those new .495's do not chamber a .50 round then it would be legal.  Calling it a .495 but being able to chamber a .50 BMG would definitely be a problem.  For chuckles, make the .495 a tad longer so it has even more muzzle velocity and energy than a .50.  That should give the anti's fits (like they need an excuse anyhow).

 
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