§ 11-0931 — Prohibitions on the use and possession of firearms

New York § 11-0931

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Hunting
• Art. 11: Fish and Wildlife

Text

§ 11-0931. Prohibitions on the use and possession of firearms.\n 1. No person except a law enforcement officer in the performance of\nhis official duties shall use in hunting or possess in the fields or\nforests or on the waters of the state for any purpose:\n a. the apparatus known as a silencer;\n b. any automatic firearm, or any firearm which has been converted to\nan automatic type, or any firearm which has a built-in mechanical\nadjustment which will permit it to function as an automatic arm; or\n c. any auto-loading firearm of a construction to contain more than six\nshells in the magazine and chamber combined, except\n (1) such a firearm using twenty-two caliber rim-fire ammunition, or\n (2) such a firearm which has been altered so as to reduce its capacity\nto not more than six shells at one time in the magazine and chamber\ncombined, or\n (3) an auto-loading pistol having a barrel less than eight inches in\nlength.\n d. An automatic firearm is defined as one which will continue to fire\nas long as the trigger is held back. An auto-loading firearm is defined\nas one which reloads itself after each shot and requires that the\ntrigger be pulled back for each shot.\n * 2. a. No crossbow or firearm except a pistol or revolver shall be\ncarried or possessed in or on a motor vehicle unless it is uncocked, for\na crossbow or unloaded, for a firearm in both the chamber and the\nmagazine, except that a loaded firearm which may be legally used for\ntaking migratory game birds may be carried or possessed in a motorboat\nwhile being legally used in hunting migratory game birds, and b. no\nperson except a law enforcement officer in the performance of his\nofficial duties or a nuisance wildlife specialist with a permit issued\npursuant to section 11-0522-a of this article, provided that such\nactivities are in furtherance of the site-specific deer management plan,\nshall, while in or on a motor vehicle, use a jacklight, spotlight or\nother artificial light upon lands inhabited by deer if he or she is in\npossession or is accompanied by a person who is in possession, at the\ntime of such use, of a longbow, crossbow or a firearm of any kind except\na pistol or revolver, unless such longbow or crossbow is unstrung or\nsuch firearm or crossbow is taken down or securely fastened in a case or\nlocked in the trunk of the vehicle. For purposes of this subdivision,\nmotor vehicle shall mean every vehicle or other device operated by any\npower other than muscle power, and which shall include but not be\nlimited to automobiles, trucks, motorcycles, tractors, trailers and\nmotorboats, snowmobiles and snowtravelers, whether operated on or off\npublic highways. Notwithstanding the provisions of this subdivision, the\ndepartment may issue a permit to any person who is non-ambulatory,\nexcept with the use of a mechanized aid, to possess a loaded firearm in\nor on a motor vehicle as defined in this section, subject to such\nrestrictions as the department may deem necessary in the interest of\npublic safety. Nothing in this section permits the possession of a\npistol or a revolver contrary to the penal law.\n * NB Effective until January 1, 2027\n * 2. No crossbow or firearm except a pistol or revolver shall be\ncarried or possessed in or on a motor vehicle unless it is uncocked, for\na crossbow or unloaded, for a firearm in both the chamber and the\nmagazine, except that a loaded firearm which may be legally used for\ntaking migratory game birds may be carried or possessed in a motorboat\nwhile being legally used in hunting migratory game birds, and no person\nexcept a law enforcement officer in the performance of his official\nduties shall, while in or on a motor vehicle, use a jacklight, spotlight\nor other artificial light upon lands inhabited by deer if he or she is\nin possession or is accompanied by a person who is in possession, at the\ntime of such use, of a longbow, crossbow or a firearm of any kind except\na pistol or revolver, unless such longbow or crossbow is unstrung or\nsuch firearm or crossbow is taken down or securely fastened in a case or\nlocked in the trunk of the vehicle. For purposes of this subdivision,\nmotor vehicle shall mean every vehicle or other device operated by any\npower other than muscle power, and which shall include but not be\nlimited to automobiles, trucks, motorcycles, tractors, trailers and\nmotorboats, snowmobiles and snowtravelers, whether operated on or off\npublic highways. Notwithstanding the provisions of this subdivision, the\ndepartment may issue a permit to any person who is non-ambulatory,\nexcept with the use of a mechanized aid, to possess a loaded firearm in\nor on a motor vehicle as defined in this section, subject to such\nrestrictions as the department may deem necessary in the interest of\npublic safety. Nothing in this section permits the possession of a\npistol or a revolver contrary to the penal law.\n * NB Effective January 1, 2027\n 3. No person shall discharge a firearm in a "restricted area"\nestablished pursuant to section 11-0321, contrary to the terms of the\nrestriction prohibiting or restricting such discharge.\n 4. a. No person shall:\n (1) discharge a firearm, crossbow or long bow in such a way as will\nresult in the load, bolt, or arrow thereof passing over a public highway\nor any part thereof;\n (2) discharge a firearm within five hundred feet, a long bow within\none hundred fifty feet, or a crossbow within two hundred fifty feet from\na dwelling house, farm building or farm structure actually occupied or\nused, school building, school playground, public structure, or occupied\nfactory or church;\n (3) use a firearm or a long bow for the hunting of migratory game\nbirds in Larchmont Harbor, specifically those portions bounded by the\nfollowing points of land:\n BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF\nLARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR\nISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO\nDELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY\nDIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA\nBETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE\nSOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN\nSOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.\n (4) Use of a firearm or a long bow for the hunting of migratory game\nbirds in Udall's Cove, specifically those portions of Little Neck Bay\nwithin Nassau and Queens counties lying east of a line running north\nfrom the foot of Douglaston Parkway to the shore opposite.\n b. The prohibitions contained in subparagraph 2 of paragraph a above\nshall not apply to:\n * (1) The owner or lessee of the dwelling house, or members of his\nimmediate family actually residing therein, or a person in his employ,\nor the guest of the owner or lessee of the dwelling house acting with\nthe consent of said owner or lessee, provided however, that nothing\nherein shall be deemed to authorize such persons to discharge a firearm\nwithin five hundred feet, a long bow within one hundred fifty feet, or a\ncrossbow within two hundred fifty feet of any other dwelling house, or a\nfarm building or farm structure actually occupied or used, or a school\nbuilding or playground, public structure, or occupied factory or church;\nprovided further, that a nuisance wildlife specialist with a permit\nissued pursuant to section 11-0522 of this article acting in furtherance\nof the site specific deer management plan may discharge a firearm within\nfive hundred feet of any dwelling houses, structures, schools or\nplaygrounds, provided that the owners or lessees thereof have been\nnotified by certified mail of the date or dates, and time period of the\nexpected activity, and discharge a firearm within two hundred fifty feet\nof such dwelling houses, structures, schools or playgrounds provided\nthat all the owners or lessees thereof have provided written consent;\nprovided further, that a nuisance wildlife specialist with a permit\nissued pursuant to section 11-0522-a of this article acting in\nfurtherance of the site-specific deer management plan may discharge a\nfirearm within five hundred feet of any dwelling houses, structures,\nschools or playgrounds, provided that the owners or lessees thereof have\nbeen notified by certified mail of the date or dates and time period of\nthe expected activity, and discharge a firearm within two hundred fifty\nfeet of such dwelling houses, structures, schools or playgrounds\nprovided that all the owners or lessees thereof have provided written\nconsent;\n * NB Effective until January 1, 2027\n * (1) The owner or lessee of the dwelling house, or members of his\nimmediate family actually residing therein, or a person in his employ,\nor the guest of the owner or lessee of the dwelling house acting with\nthe consent of said owner or lessee, provided however, that nothing\nherein shall be deemed to authorize such persons to discharge a firearm\nwithin five hundred feet, a long bow within one hundred fifty feet, or a\ncrossbow within two hundred fifty feet of any other dwelling house, or a\nfarm building or farm structure actually occupied or used, or a school\nbuilding or playground, public structure, or occupied factory or church;\n * NB Effective January 1, 2027\n (2) Programs conducted by public schools offering instruction and\ntraining in the use of firearms or long bow;\n (3) The authorized use of a pistol, rifle or target range regularly\noperated and maintained by a police department or other law enforcement\nagency or by any duly organized membership corporation;\n (4) The discharge of a shotgun over water by a person hunting\nmigratory game birds if no dwelling house, farm building or farm\nstructure actually occupied or used, school building, school playground,\nor public structure, factory or church, livestock or person is situated\nin the line of discharge less than five hundred feet from the point of\ndischarge.\n 5. a. No person shall use a rifle for hunting on Long Island or in\nWestchester County. If a person be found carrying a rifle in the\nwoodlands on Long Island or in Westchester County, that fact shall be\npresumptive evidence that he is illegally using it for hunting in that\narea; but this provision does not apply to members of a duly organized\ntarget shooting club carrying unloaded rifles to and from the target\nrange.\n b. In the counties, or parts of counties, where the use of a rifle\nother than a muzzle loading firearm is not permitted in the taking of\ndeer, a person afield shall not possess a rifle larger than twenty-two\ncaliber rim-fire other than a muzzle loading firearm during the open\nseason for deer.\n c. In the Northern Zone no person, while engaged in hunting with the\naid of a dog or while afield accompanied by a dog, shall possess a rifle\nlarger than .22 caliber using rim-fire ammunition or possess a shotgun\nloaded with a slug, ball or buckshot, or possess a crossbow; but this\nparagraph does not apply to persons, engaged in coyote hunts with dogs\nduring any open season on coyotes established pursuant to the provisions\nof section 11-0903 of this title.\n 6. No person while engaged in hunting deer or bear pursuant to a\nbowhunting privilege, and no person accompanying him or her or a member\nof his or her party, while he or she is so engaged during a special\nlongbow season, shall have in his or her possession a firearm of any\nkind, and no person while engaged in hunting deer or bear pursuant to a\nmuzzle-loading privilege, and no person accompanying him or her or a\nmember of his or her party, while he or she is so engaged during a\nspecial muzzle-loading firearm season, shall have in his or her\npossession a firearm of any kind other than a muzzle-loading firearm.\n 7. During any open season for deer, a person afield shall not possess\nshotgun shells loaded with a slug or ball unless he holds a valid\nlicense or permit to take deer or bear.\n 8. a. No person in Westchester, Nassau, or Suffolk county shall\ndischarge a crossbow within five hundred feet of a dwelling house, a\nfarm building or farm structure actually occupied or used, or a school\nbuilding or playground, public structure, or occupied factory or church.\n b. A county not enumerated in paragraph a of this subdivision may opt\nby local law to be covered by the provisions of such paragraph.\n