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How old does a pistol have to be...

JFAHEYJFAHEY Member Posts: 35 ✭✭
edited May 2008 in Ask the Experts
Any idea how old a pistol has to be to be considered an antique and not have to be registered in the state of New York? My brother has an old spanish pistol on his fireplace mantle for decoration and said it's about 70 years old. He's never had a pistol permit and says he doesn't need one because it's an antique. I say he's wrong....but what do I know. Any help is greatly appreciated.

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    allen griggsallen griggs Member Posts: 35,242 ✭✭✭✭
    edited November -1
    I don't know about New York law.
    According to Federal law, any gun must be made before 1899 to be considered antique.
    Many states do follow the Federal law, and North Carolina is one of them.

    I do not know about antiques and gun registration in New York.
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    Spider7115Spider7115 Member, Moderator Posts: 29,714 ******
    edited November -1
    Your brother is correct. In New York State, he does NOT need to register an antique or replica handgun UNLESS he intends on shooting it. He can't carry it together with the components to fire it, e.g., powder and flint or caps.
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    FatstratFatstrat Member Posts: 9,147
    edited November -1
    Isn't that "designed" before 1899? Even modern made black powder guns of pre-1899 design are not subject to registration are they?
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    Spider7115Spider7115 Member, Moderator Posts: 29,714 ******
    edited November -1
    quote:Originally posted by Fatstrat
    Isn't that "designed" before 1899? Even modern made black powder guns of pre-1899 design are not subject to registration are they?

    That's correct. For example, a Colt Blackpowder "Signature Series" revolver made in 1995 does not need to be registered unless you are going to fire it.
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    allen griggsallen griggs Member Posts: 35,242 ✭✭✭✭
    edited November -1
    quote:Originally posted by Fatstrat
    Isn't that "designed" before 1899? Even modern made black powder guns of pre-1899 design are not subject to registration are they?


    Yes you are right.
    A gun that shoots cartridges, such as an 1873 Colt SAA, must have been made before 1899 to be considered antique.
    Thus you have a .45 Colt made in 1897, and one made in 1900, they are identical and shoot identical ammo, one is antique, one isn't.
    A muzzleloader is in the "antique" category even if it was made this year.
    This is Federal law, many state laws differ.
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    bobskibobski Member Posts: 17,868 ✭✭✭
    edited November -1
    breech loading bp's are modern arms, even though bp, right?
    Retired Naval Aviation
    Former Member U.S. Navy Shooting Team
    Former NSSA All American
    Navy Distinguished Pistol Shot
    MO, CT, VA.
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    tsr1965tsr1965 Member Posts: 8,682 ✭✭
    edited November -1
    quote:Originally posted by Spider7115
    quote:Originally posted by Fatstrat
    Isn't that "designed" before 1899? Even modern made black powder guns of pre-1899 design are not subject to registration are they?

    That's correct. For example, a Colt Blackpowder "Signature Series" revolver made in 1995 does not need to be registered unless you are going to fire it.


    That is incorrect on both accounts. If ANY pistol is capable of firing, it must be registered and permitted to the owner/user in New York State. If it is a cap and ball, muzzle loading, or cartrige handgun that can be loaded and fired without the installation af any parts it must be licensed. If not you can be charged with a felony.
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    Spider7115Spider7115 Member, Moderator Posts: 29,714 ******
    edited November -1
    quote:Originally posted by tsr1965
    quote:Originally posted by Spider7115
    quote:Originally posted by Fatstrat
    Isn't that "designed" before 1899? Even modern made black powder guns of pre-1899 design are not subject to registration are they?

    That's correct. For example, a Colt Blackpowder "Signature Series" revolver made in 1995 does not need to be registered unless you are going to fire it.


    That is incorrect on both accounts. If ANY pistol is capable of firing, it must be registered and permitted to the owner/user in New York State. If it is a cap and ball, muzzle loading, or cartrige handgun that can be loaded and fired without the installation af any parts it must be licensed. If not you can be charged with a felony.

    BALONEY! I just UNREGISTERED a Lyman .36 caliber cap & ball from my NY State pistol permit by telling them I no longer plan to fire it. They removed it from my permit. I also have a number of Colt Second Generation revolvers that do NOT need to be registered. You can buy black powder handguns without a permit in NY State, even through the mail (except in NY City). You just can't carry it with powder and caps.

    http://www.nysrpa.org/nygunlaws.htm

    Antiques and Replicas:

    Antique rifles, shotguns and handguns, and replicas thereof, generally are exempt from the above restrictions and can be bought and possessed without a permit. (Persons who shoot muzzle loading handguns must be properly licensed.) Antique handguns must be unloaded and possessed without the materials to load same.
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    HAIRYHAIRY Member Posts: 23,606
    edited November -1
    Since one can purchase a replica cap and ball pistol as well as the cylinder that convert the pistol to cartridge, would you have to register it once you obtain the cylinder?
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    Spider7115Spider7115 Member, Moderator Posts: 29,714 ******
    edited November -1
    quote:Originally posted by HAIRY
    Since one can purchase a replica cap and ball pistol as well as the cylinder that convert the pistol to cartridge, would you have to register it once you obtain the cylinder?
    Yes, if you convert it to fire modern cartridge ammunition.
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    MFIMFI Member Posts: 7,899 ✭✭✭
    edited November -1
    Spider is right !! We are dealers in NY and if you possess any black powder pistol and intend to fire it, it must be on a pistol permit. If you hang it over the fireplace and let it sit there for the next 30 years then it doesnt need to be registered. Anything handgun wise you intend to fire MUST BE ON A PERMIT !!
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