Posted: 5/23/2007 5:00:57 PM EDT
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I want to buy two guns, an 1878 Colt revolver in 44-40 and an 1873 Winchester in the 44-40. Do I need a pistol license for the revolver being that it is an antique? And would I need to have them shipped to an FFL? The NYS law on antiques is pretty vague. I believe aside from the age requirement if it takes cartridges they have to be "unavailable through regular channels" or something like that. I know you can still buy 44-40 ammunition but you have to special order it, I doubt their is a store in NY state that you could walk into and buy it. I'm curious because it seems ridiculous that I'd have to pay $300 then $200 a year and make a whole bunch of trips to the police headquarters to get a pistol license to own a 130 year old gun which I don't plan on firing. |
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If the ammo is available and currently manufactured then you will have to register them on your pistol permit, whether it is stocked at a Dealer or not does not matter. If in doubt call your counties pistol permit department for the legal and official ruling on questions regarding pistols. |
| You can pretty much figure that if the handgun takes ammunition in the form of metallic cartridges and is not some black powder antique, in NYS you'll need to have it on your permit. With the rise in Cowboy Action Shooting, most of the old obsolete metallic cartridge ammo is available again. |
Answer is yes u will need a pistol permit. gotta love the peoples republic of ny.. My dad had to get his for a black powder pistol he built since at the time i was living in the house and had the components to shoot it for a rifle.. stupid nys laws |
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As other's have said the popularity of Cowboy action shooting has revived many of the old calibers including 44-40 WCF. The ammo is widely available from numerous sources and in gun stores throughout NYS. "Antique" or not you would be foolish to possess any center fire pistol/revolver in NYC without having it registered on a pistol license. United States Code TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 44 - FIREARMS Section 921. Definitions (a) As used in this chapter - ............................................... (3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. ............................................... (16) The term "antique firearm" means - (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica - (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. NEW YORK PENAL LAW ARTICLE 265--FIREARMS AND OTHER DANGEROUS WEAPONS Section 265.00 Definitions As used in this article and in article four hundred, the following terms shall mean and include: ............................................... 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. |
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Really? I've gone looking for it before and called every dealer within 50 miles, no one had it. I ended up having to order it. My father couldn't find it anywhere upstate, he finally found a shop that would load it for him though. I'm going to go with the everyone is probably right on owning any sort of cartrege handgun in NY without a permit. It just annoys me to no end that they can get away with charging $300, getting references to fill out a form and notarize it, then wait six months to get a license to possess a 130 year old gun. On another note my grandfather had an 1878 Colt along with a bunch of other handguns and long guns and he never had a pistol license. When he got divorced about 35 years ago his wife called the police and let them know about it. I don't know the whole story but they showed up at his house and confiscated every gun in the place and didn't file any charges. Eventually he got all the long guns back and a few of the handguns (including the Colt) because of their antique status and he never did get a pistol license. Then again maybe he just knew a judge or the police chief. |
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I dont remember it all that clearly, but im puttin it out there anywho. I thought there was a set date that a pistol had to be made after to require u to register it on a pistol permit. It seems to me that the date was some time in the late 1800's, but honestly its kinda foggy. and i could be completely wrong. |
