MATTER OF LONG ISLAND ANTIQUE GUN COLLECTORS ASS'N, INC. v. FRANK


53 A.D.2d 644 (1976)

In the Matter of Long Island Antique Gun Collectors Association, Inc., et al., Appellants, v. Louis J. Frank, as Police Commissioner of Nassau County, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 14, 1976


Judgment reversed, with $50 costs and disbursements, and proceeding remanded to Special Term for a trial to determine the definition of "muzzle loading * * * revolver" within the meaning of subdivision 14 of section 265.00 of the Penal Law.

The term "muzzle loading * * * revolver" is sufficiently ambiguous to require a full factual inquiry into the historical and commonly understood use of the term. A revolver, or "revolving pistol", has been described as a firearm...

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