New York State threatens Reenactors with a felony for carrying a muzzleloader [Updated]
New York state’s new concealed carry legislation, which went into effect Sept. 1 2022, is keeping reenactors from carrying and using their antique firearms in ‘sensitive locations’, threatening them with a felony charge for doing so- even at a reenactment.
On July 1, 2022, Governor Kathy Hochul signed landmark legislation to strengthen New York State’s gun laws to ensure they align with the U.S. Supreme Court’s decision in NYSRPA v. Bruen. Drafted in close collaboration with the Legislature, the legislation amended NYS Penal Law by adding a comprehensive list of what the new law defines as “sensitive locations” where the possession of firearms, rifles, or shotguns is prohibited. The new law also makes it a Class E felony to possess a firearm, rifle, or shotgun in those sensitive locations.
Critics of the bill call this a direct retaliatory attack on the rights of citizens to keep and bear arms in the state of New York. Governor Hochul has gone as far as to say the history of removing Native American rights to bear arms gives her the right to restrict citizen access to firearms in New York State.
It is rare for legislation to be made in less than two weeks like this recent bill. Opponents believe much of this bill was made in anticipation of the NYSRPA v Bruen decision. The NYSRPA v Bruen decision determined that NYS law was unconstitutional in their assertions of “May Issue” pistol permits and the new ruling of “Shall Issue”. More commentary about the back and forth of this decision can be found on a variety of outlets online, but to be clear, I Love Muzzleloading supports the 2nd Amendment, Constitutional Carry, and the right of Americans to keep and bear arms of all kinds, not just muzzleloaders.
As of reading, I’ve not found a distinction in the bill on whether it is a violent or non-violent felony. In New York State, a Class E felony (violent or non-violent) is punishable by 1.5-4 years of probation. For those interested, a Class E Felony is typically reserved for persistent sexual abuse, aggravated sexual abuse in the fourth degree, placing a false bomb, vehicular assault, criminal solicitation, reckless assault of a child, promoting suicide, female genital mutilation luring a child, or promoting prostitution in a school zone. (https://ypdcrime.com/penal.law/eviolent_felonies.php) Reenactors in New York are being lumped in with some terrible criminals for wanting to share their love of American history.
According to the New York State Frequently Asked Questions: New Concealed Carry Law website, the list of ‘sensitive locations’ includes public parks, museums, and casts a wide net with the phrase “Public sidewalks and other public areas that are restricted from general public access for a limited time or special event”. This list of ‘sensitive areas’ will seriously affect reenactments and living history events in New York State, most of which are held in public parks and at historic museum sites.
The Law reads as follows:
Penal Law § 265.01-e Criminal possession of a firearm, rifle or shotgun in a sensitive location.
UPDATE: A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.
Just for clarity, Rifles and Shotguns include flintlock and percussion muzzleloaders.
"11. "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.
"12. "Shotgun" 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 through a smooth or rifled bore either a number of ball shot or a single projectile for each single pull of the trigger using either: (a) a fixed shotgun shell; or (b) a projectile or number of ball shot and explosive charge are loaded individually for each shot discharged. In addition to common, modern usage, shotguns include those using obsolete ammunition not commonly available in commercial trade, or that load through the muzzle and fires ball shot with each discharge, or loading, including muzzle loading shotguns, flintlock shotguns, and black powder shotguns."
Source: https://gunsafety.ny.gov/new-concealed-carry-restrictions, https://legislation.nysenate.gov/pdf/bills/2021/s51001, PG 21
“Basically what that says is our reenactors here, when they do their performances, when they march down the street carrying their weapons, that is considered a sensitive area under this law,” Jones (D-Chateaugay Lake), said.
According to the bill and the New York “Gun Safe” Hotline, flintlock muskets have been reclassified from “Antiques” to “Shotguns”, bypassing the federal designation of all pre 1898 firearms as “antiques” and not technically firearms.
National Firearms Act Definitions
Antique Firearm
For the purposes of the National Firearms Act, the term “Antique Firearms” means any firearm not intended or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
It should be noted that at the time of writing, the NY state gun safety page still displays a section for antique arms, https://gunsafety.ny.gov/resources-gun-owners. This page says that in New York State, they consider anything manufactured more than 50 years ago to be an “antique” and is subject to less regulation. This ruling is more lenient than the federal guidelines, but makes no mention of the new concealed carry law and its punishments, making for continued confusion.
Ironically, cannons are still allowed in these sensitive areas. During much of the conversation around the 2nd amendment and it’s interpretation, some politicians claim cannons were never “allowed” to be owned by civilians, only state/country military forces. A claim proved false time and time again. Fast forward to 2022 in New York State and it is a felony charge to carry a flintlock musket, but any amount of cannons is permissible.
State Sen. Dan Stec (R-Queensbury) shared similar sentiments about the legislation.
“Instead of taking time to substantively address violent crime in New York, they’ve punished museums and history aficionados. It’s absurd.”
Local legislators, reenactors, and reenactment organizers have tried to get clarification for muzzleloaders from the Governor's office to no avail. Historians and reenactors in New York are worried about the future of historic portrayal in the state, known for its importance to the beginning of the United States.
Guns, and by extension muzzleloaders are ingrained in American culture, especially its history. Bills like this that unjustly target those seeking to share and portray history limit the access of current and future generations to history and to understanding what life was like 200+ years ago.
I’d like to thank Carly Newton for publishing her article “Battle of Plattsburgh reenactments halted by gun legislation” which brought this issue to my attention.