Niagara County, NY District Attorney Speaks out against muzzleloader restrictment at reenactments
Local Niagara County District Attorney Brian D. Seaman has published an article in the Lockport Union-Sun & Journal expressing his frustration with New York’s recent concealed carry bill and how it’s language affects living historians and reenactors. Read Mr. Seaman’s full article here.
New York’s criminal gun laws were recently amended in an “emergency” legislative session. Among the many changes to the law, I wish to discuss two. First, the definition of “rifle” in the penal law was changed. “Rifle,” for the purpose of many criminal statutes, didn’t used to include historical weapons like muzzle loaders. Now it does. The law was specifically changed so muzzle loaders, flintlock rifles, and black powder rifles are considered “rifles” under the criminal law. Second, the law made it a felony to possess any firearm, rifle or shotgun in a “sensitive location,” including all public parks.
The obvious effect of these two changes to the criminal law is that it is now a felony to possess a muzzle loading rifle, flintlock rifle, or black powder rifle at a public park. This includes Fort Niagara State Park and numerous other parks around the state where historical reenactments of military battles take place regularly. At Fort Niagara volunteers dressed in period clothing and outfitted with period equipment, like muzzle loaders, educate visitors throughout the year. Several large-scale reenactments, complete with the firing of cannons and muzzle loaders loaded with blanks, are staged each year. Now, under the clear language of the new law, the participants in these events and educational opportunities would be committing felonies.
However, according to a recent report in the Buffalo News, when questioned about the changes to the law and their effect on these types of events, Governor Kathy Hochul’s office responded by stating that “These laws allow historical re-enactments to occur.” Since then, I have been asked, as District Attorney, if I intend to prosecute individuals who bring muzzle loaders to Fort Niagara for the purpose of participating in historical reenactments.
Is this how the law is supposed to work? The legislature passes a law that makes unobjectionable conduct a crime. The Governor who just signed the law then publicly denies that the very conduct prohibited in the law is illegal. Citizens are left to contact local law enforcement officials personally, to see whether or not they will be arrested and prosecuted for felonies as defined in the law. Clearly it is not.
As a muzzleloading enthusiast concerned about how this new law will effect enthusiasts and historians in New York state I’m pleased to continue to see commentary about this change. The law cannot saw one thing and the politicians who wrote and passed it say another. Ultimately law abiding citizens, historians, and muzzleloading enthusiasts are the ones who suffer here, not criminals (who, according to my research seldom if ever, use a muzzleloader to commit a crime).
I appreciate Governor Kathy Hochul’s comment about the law, recognizing that it does affect living history events, but actions speak louder than words and actions alone will prevent law abiding muzzleloading enthusiasts from bring charged with a a felony crime.