RAY BROOK, N.Y. -- A suggestion by local State Police has led to the amendment of a state weapon law for certain convicted individuals.
New York State Penal Law was amended in August 2011 to include antique firearms, black-powder rifles and shotguns, and any muzzle-loading firearm to the list of prohibited weapons for individuals convicted of a felony or serious offense, according to a State Police press release.
Senior Investigator Christopher Keniston of the New York State Gun Investigation Unit said Troop B State Police proposed the amendment be made as a result of two 2007 incidents.
Keniston said that two troopers had been injured during that year by people who were otherwise prohibited from possessing certain guns.
He said the fact that they were able to possess black-powder weapons was a "loophole in the law."
"The bottom line, in our opinion, is that a modern day in-line, muzzle-loading rifle is basically a single-shot rifle," he said. "The pure mechanics of them make them easy to reload."
Prior to the newly amended law, those individuals were allowed to possess such weapons, but now if they are found with them, they will face a misdemeanor charge.
"It'll keep law enforcement safe," Keniston added.
He said the original law contained no grandfather clause and therefore it will affect all prohibited persons, regardless of the time of their conviction.
The change went into effect Jan. 30.
A Certificate of Relief is the only available option for a prohibited person who would like to continue to possess a muzzle-loading weapon.
It is given by the person to the court of conviction requesting that they be relieved from the requirement, but the person must not have been convicted of more than one felony.
According to police, the use of a Certificate of Relief is the same for all convictions, unless a person is sentenced to a prison term with the New York State Department of Corrections and Community Supervision. For such people, relief would have to be sought from the State Parole Board.
Copyright 2012 - The Press-Republican, Plattsburgh, N.Y.
McClatchy-Tribune News Service
