State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-9 > 11-0931

§ 11-0931. Prohibitions on the use and possession of firearms.    1.  No  person  except a law enforcement officer in the performance of  his official duties shall use in hunting or possess  in  the  fields  or  forests or on the waters of the state for any purpose:    a. the apparatus known as a silencer;    b.  any  automatic firearm, or any firearm which has been converted to  an automatic type, or  any  firearm  which  has  a  built-in  mechanical  adjustment which will permit it to function as an automatic arm; or    c. any auto-loading firearm of a construction to contain more than six  shells in the magazine and chamber combined, except    (1) such a firearm using twenty-two caliber rim-fire ammunition, or    (2) such a firearm which has been altered so as to reduce its capacity  to  not  more  than  six  shells at one time in the magazine and chamber  combined, or    (3) an auto-loading pistol having a barrel less than eight  inches  in  length.    d.  An automatic firearm is defined as one which will continue to fire  as long as the trigger is held back. An auto-loading firearm is  defined  as  one  which  reloads  itself  after  each  shot and requires that the  trigger be pulled back for each shot.    * 2. No firearm or crossbow except  a  pistol  or  revolver  shall  be  carried or possessed in or on a motor vehicle unless it is unloaded, for  a  firearm  in  both  the chamber and the magazine, except that a loaded  firearm which may be legally used for taking migratory game birds may be  carried or possessed in a motorboat while being legally used in  hunting  migratory  game birds, and no person except a law enforcement officer in  the performance of his official duties shall, while in  or  on  a  motor  vehicle, use a jacklight, spotlight or other artificial light upon lands  inhabited  by  deer if he is in possession or is accompanied by a person  who is in possession, at the time of such use, of a longbow, crossbow or  a firearm of any kind except a pistol or revolver, unless  such  longbow  is  unstrung  or  such  firearm  or  crossbow  is taken down or securely  fastened in a case or locked in the trunk of the vehicle.  For  purposes  of  this  subdivision,  motor  vehicle shall mean every vehicle or other  device operated by any power other than muscle power,  and  which  shall  include   but  not  be  limited  to  automobiles,  trucks,  motorcycles,  tractors,  trailers  and  motorboats,  snowmobiles  and   snowtravelers,  whether   operated  on  or  off  public  highways.  Notwithstanding  the  provisions of this subdivision, the department may issue a permit to any  person who is non-ambulatory, except with the use of a  mechanized  aid,  to  possess a loaded firearm in or on a motor vehicle as defined in this  section, subject  to  such  restrictions  as  the  department  may  deem  necessary  in  the  interest  of  public  safety,  and for a fee of five  dollars. Nothing in this section permits the possession of a pistol or a  revolver contrary to the penal law.    * NB Effective until December 31, 2012    * 2. No firearm except a  pistol  or  revolver  shall  be  carried  or  possessed  in  or  on  a motor vehicle unless it is unloaded in both the  chamber and the magazine, except that a  loaded  firearm  which  may  be  legally used for taking migratory game birds may be carried or possessed  in a motorboat while being legally used in hunting migratory game birds,  and no person except a law enforcement officer in the performance of his  official  duties shall, while in or on a motor vehicle, use a jacklight,  spotlight or other artificial light upon lands inhabited by deer  if  he  is  in possession or is accompanied by a person who is in possession, at  the time of such use, of a longbow, crossbow or a firearm  of  any  kind  except  a  pistol  or  revolver, unless such longbow is unstrung or such  firearm is taken down or securely fastened in a case or  locked  in  thetrunk  of  the  vehicle. For purposes of this subdivision, motor vehicle  shall mean every vehicle or other device operated  by  any  power  other  than  muscle  power,  and  which  shall  include  but  not be limited to  automobiles,  trucks,  motorcycles,  tractors,  trailers and motorboats,  snowmobiles  and  snowtravelers,  whether  operated  on  or  off  public  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the  department may issue a permit  to  any  person  who  is  non-ambulatory,  except  with the use of a mechanized aid, to possess a loaded firearm in  or on a motor vehicle as  defined  in  this  section,  subject  to  such  restrictions  as  the  department  may deem necessary in the interest of  public safety, and for a fee of five dollars. Nothing  in  this  section  permits  the  possession of a pistol or a revolver contrary to the penal  law.    * NB Effective December 31, 2012    3. No  person  shall  discharge  a  firearm  in  a  "restricted  area"  established  pursuant  to  section 11-0321, contrary to the terms of the  restriction prohibiting or restricting such discharge.    * 4. a. No person shall:    (1) discharge a firearm, crossbow or long bow in such a  way  as  will  result  in the load, bolt or arrow thereof passing over a public highway  or any part thereof;    (2) discharge a firearm, crossbow or long bow within five hundred feet  from a dwelling house, farm building or farm structure actually occupied  or used, school building, school  playground,  or  occupied  factory  or  church;    (3) use a firearm, crossbow or a long bow for the hunting of migratory  game  birds  in Larchmont Harbor, specifically those portions bounded by  the following points of land:    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.    (4)  Use  of  a  firearm,  crossbow  or  a long bow for the hunting of  migratory game birds in Udall's Cove,  specifically  those  portions  of  Little  Neck  Bay within Nassau and Queens counties lying east of a line  running north from the foot of Douglaston Parkway to the shore opposite.    b. The prohibitions contained in subparagraph 2 of paragraph  a  above  shall not apply to:    (1)  The  owner  or  lessee  of  the dwelling house, or members of his  immediate family actually residing therein, or a person in  his  employ,  or  the  guest  of the owner or lessee of the dwelling house acting with  the consent of said owner or  lessee,  provided  however,  that  nothing  herein shall be deemed to authorize such persons to discharge a firearm,  crossbow  or  longbow  within  five  hundred  feet of any other dwelling  house, or a farm building or farm structure actually occupied  or  used,  or a school building or playground or occupied factory or church;    (2)  Programs  conducted  by  public  schools offering instruction and  training in the use of firearms, crossbow or long bow;    (3) The authorized use of a pistol, rifle or  target  range  regularly  operated  and maintained by a police department or other law enforcement  agency or by any duly organized membership corporation;    (4) The discharge  of  a  shotgun  over  water  by  a  person  hunting  migratory game birds if no dwelling house or public structure, livestockor  person  is  situated in the line of discharge less than five hundred  feet from the point of discharge.    * NB Effective until December 31, 2012    * 4. a. No person shall:    (1)  discharge  a  firearm or long bow in such a way as will result in  the load or arrow thereof passing over a  public  highway  or  any  part  thereof;    (2)  discharge  a  firearm or long bow within five hundred feet from a  dwelling house, farm building or farm  structure  actually  occupied  or  used, school building, school playground, or occupied factory or church;    (3)  use  a  firearm  or  a long bow for the hunting of migratory game  birds in Larchmont Harbor, specifically those portions  bounded  by  the  following points of land:    BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF  LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR  ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO  DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY  DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA  BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE  SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.    (4) Use of a firearm or a long bow for the hunting of  migratory  game  birds  in  Udall's  Cove, specifically those portions of Little Neck Bay  within Nassau and Queens counties lying east of  a  line  running  north  from the foot of Douglaston Parkway to the shore opposite.    b.  The  prohibitions contained in subparagraph 2 of paragraph a above  shall not apply to:    (1) The owner or lessee of the  dwelling  house,  or  members  of  his  immediate  family  actually residing therein, or a person in his employ,  or the guest of the owner or lessee of the dwelling  house  acting  with  the  consent  of  said  owner  or lessee, provided however, that nothing  herein shall be deemed to authorize such persons to discharge a  firearm  or  longbow  within  five hundred feet of any other dwelling house, or a  farm building or farm structure actually occupied or used, or  a  school  building or playground or occupied factory or church;    (2)  Programs  conducted  by  public  schools offering instruction and  training in the use of firearms or long bow;    (3) The authorized use of a pistol, rifle or  target  range  regularly  operated  and maintained by a police department or other law enforcement  agency or by any duly organized membership corporation;    (4) The discharge  of  a  shotgun  over  water  by  a  person  hunting  migratory game birds if no dwelling house or public structure, livestock  or  person  is  situated in the line of discharge less than five hundred  feet from the point of discharge.    * NB Effective December 31, 2012    5. a. No person shall use a rifle for hunting on  Long  Island  or  in  Westchester  County.  If  a  person  be  found  carrying  a rifle in the  woodlands on Long Island or in Westchester County, that  fact  shall  be  presumptive  evidence  that he is illegally using it for hunting in that  area; but this provision does not apply to members of a  duly  organized  target  shooting  club  carrying  unloaded rifles to and from the target  range.    b. In the counties, or parts of counties, where the  use  of  a  rifle  other  than  a  muzzle loading firearm is not permitted in the taking of  deer, a person afield shall not possess a rifle larger  than  twenty-two  caliber  rim-fire  other  than  a muzzle loading firearm during the open  season for deer.* c. In the Northern Zone no person, while engaged in hunting with the  aid of a dog or while afield accompanied by a dog, shall possess a rifle  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun  loaded  with  a  slug, ball or buckshot, or possess a crossbow; but this  paragraph  does  not apply to persons, engaged in coyote hunts with dogs  during any open season on coyotes established pursuant to the provisions  of section 11-0903.    * NB Effective until December 31, 2012    * c.  In the Northern Zone no person, while engaged  in  hunting  with  the  aid  of a dog or while afield accompanied by a dog, shall possess a  rifle larger than .22 caliber using rim-fire  ammunition  or  possess  a  shotgun  loaded  with  a slug, ball or buckshot; but this paragraph does  not apply to persons, engaged in coyote hunts with dogs during any  open  season  on  coyotes  established  pursuant  to the provisions of section  11-0903.    * NB Effective December 31, 2012    * 6. No person while engaged in hunting deer or  bear  pursuant  to  a  bowhunting  stamp,  and  no  person  accompanying him or a member of his  party, while he is so engaged during a  special  longbow  season,  shall  have  in his possession a firearm or crossbow of any kind, and no person  while engaged in hunting deer  or  bear  pursuant  to  a  muzzle-loading  stamp, and no person accompanying him or a member of his party, while he  is so engaged during a special muzzle-loading firearm season, shall have  in  his  possession  a  firearm  of any kind other than a muzzle-loading  firearm.    * NB Effective until December 31, 2012    * 6. No person while engaged in hunting deer or  bear  pursuant  to  a  bowhunting  stamp,  and  no  person  accompanying him or a member of his  party, while he is so engaged during a  special  longbow  season,  shall  have  in  his  possession  a  firearm  of  any kind, and no person while  engaged in hunting deer or bear pursuant to a muzzle-loading stamp,  and  no  person  accompanying  him  or  a member of his party, while he is so  engaged during a special muzzle-loading firearm season,  shall  have  in  his  possession  a  firearm  of  any  kind  other  than a muzzle-loading  firearm.    * NB Effective December 31, 2012    7. During any open season for deer, a person afield shall not  possess  shotgun  shells  loaded  with  a  slug  or  ball unless he holds a valid  license or permit to take deer or bear.

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-9 > 11-0931

§ 11-0931. Prohibitions on the use and possession of firearms.    1.  No  person  except a law enforcement officer in the performance of  his official duties shall use in hunting or possess  in  the  fields  or  forests or on the waters of the state for any purpose:    a. the apparatus known as a silencer;    b.  any  automatic firearm, or any firearm which has been converted to  an automatic type, or  any  firearm  which  has  a  built-in  mechanical  adjustment which will permit it to function as an automatic arm; or    c. any auto-loading firearm of a construction to contain more than six  shells in the magazine and chamber combined, except    (1) such a firearm using twenty-two caliber rim-fire ammunition, or    (2) such a firearm which has been altered so as to reduce its capacity  to  not  more  than  six  shells at one time in the magazine and chamber  combined, or    (3) an auto-loading pistol having a barrel less than eight  inches  in  length.    d.  An automatic firearm is defined as one which will continue to fire  as long as the trigger is held back. An auto-loading firearm is  defined  as  one  which  reloads  itself  after  each  shot and requires that the  trigger be pulled back for each shot.    * 2. No firearm or crossbow except  a  pistol  or  revolver  shall  be  carried or possessed in or on a motor vehicle unless it is unloaded, for  a  firearm  in  both  the chamber and the magazine, except that a loaded  firearm which may be legally used for taking migratory game birds may be  carried or possessed in a motorboat while being legally used in  hunting  migratory  game birds, and no person except a law enforcement officer in  the performance of his official duties shall, while in  or  on  a  motor  vehicle, use a jacklight, spotlight or other artificial light upon lands  inhabited  by  deer if he is in possession or is accompanied by a person  who is in possession, at the time of such use, of a longbow, crossbow or  a firearm of any kind except a pistol or revolver, unless  such  longbow  is  unstrung  or  such  firearm  or  crossbow  is taken down or securely  fastened in a case or locked in the trunk of the vehicle.  For  purposes  of  this  subdivision,  motor  vehicle shall mean every vehicle or other  device operated by any power other than muscle power,  and  which  shall  include   but  not  be  limited  to  automobiles,  trucks,  motorcycles,  tractors,  trailers  and  motorboats,  snowmobiles  and   snowtravelers,  whether   operated  on  or  off  public  highways.  Notwithstanding  the  provisions of this subdivision, the department may issue a permit to any  person who is non-ambulatory, except with the use of a  mechanized  aid,  to  possess a loaded firearm in or on a motor vehicle as defined in this  section, subject  to  such  restrictions  as  the  department  may  deem  necessary  in  the  interest  of  public  safety,  and for a fee of five  dollars. Nothing in this section permits the possession of a pistol or a  revolver contrary to the penal law.    * NB Effective until December 31, 2012    * 2. No firearm except a  pistol  or  revolver  shall  be  carried  or  possessed  in  or  on  a motor vehicle unless it is unloaded in both the  chamber and the magazine, except that a  loaded  firearm  which  may  be  legally used for taking migratory game birds may be carried or possessed  in a motorboat while being legally used in hunting migratory game birds,  and no person except a law enforcement officer in the performance of his  official  duties shall, while in or on a motor vehicle, use a jacklight,  spotlight or other artificial light upon lands inhabited by deer  if  he  is  in possession or is accompanied by a person who is in possession, at  the time of such use, of a longbow, crossbow or a firearm  of  any  kind  except  a  pistol  or  revolver, unless such longbow is unstrung or such  firearm is taken down or securely fastened in a case or  locked  in  thetrunk  of  the  vehicle. For purposes of this subdivision, motor vehicle  shall mean every vehicle or other device operated  by  any  power  other  than  muscle  power,  and  which  shall  include  but  not be limited to  automobiles,  trucks,  motorcycles,  tractors,  trailers and motorboats,  snowmobiles  and  snowtravelers,  whether  operated  on  or  off  public  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the  department may issue a permit  to  any  person  who  is  non-ambulatory,  except  with the use of a mechanized aid, to possess a loaded firearm in  or on a motor vehicle as  defined  in  this  section,  subject  to  such  restrictions  as  the  department  may deem necessary in the interest of  public safety, and for a fee of five dollars. Nothing  in  this  section  permits  the  possession of a pistol or a revolver contrary to the penal  law.    * NB Effective December 31, 2012    3. No  person  shall  discharge  a  firearm  in  a  "restricted  area"  established  pursuant  to  section 11-0321, contrary to the terms of the  restriction prohibiting or restricting such discharge.    * 4. a. No person shall:    (1) discharge a firearm, crossbow or long bow in such a  way  as  will  result  in the load, bolt or arrow thereof passing over a public highway  or any part thereof;    (2) discharge a firearm, crossbow or long bow within five hundred feet  from a dwelling house, farm building or farm structure actually occupied  or used, school building, school  playground,  or  occupied  factory  or  church;    (3) use a firearm, crossbow or a long bow for the hunting of migratory  game  birds  in Larchmont Harbor, specifically those portions bounded by  the following points of land:    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.    (4)  Use  of  a  firearm,  crossbow  or  a long bow for the hunting of  migratory game birds in Udall's Cove,  specifically  those  portions  of  Little  Neck  Bay within Nassau and Queens counties lying east of a line  running north from the foot of Douglaston Parkway to the shore opposite.    b. The prohibitions contained in subparagraph 2 of paragraph  a  above  shall not apply to:    (1)  The  owner  or  lessee  of  the dwelling house, or members of his  immediate family actually residing therein, or a person in  his  employ,  or  the  guest  of the owner or lessee of the dwelling house acting with  the consent of said owner or  lessee,  provided  however,  that  nothing  herein shall be deemed to authorize such persons to discharge a firearm,  crossbow  or  longbow  within  five  hundred  feet of any other dwelling  house, or a farm building or farm structure actually occupied  or  used,  or a school building or playground or occupied factory or church;    (2)  Programs  conducted  by  public  schools offering instruction and  training in the use of firearms, crossbow or long bow;    (3) The authorized use of a pistol, rifle or  target  range  regularly  operated  and maintained by a police department or other law enforcement  agency or by any duly organized membership corporation;    (4) The discharge  of  a  shotgun  over  water  by  a  person  hunting  migratory game birds if no dwelling house or public structure, livestockor  person  is  situated in the line of discharge less than five hundred  feet from the point of discharge.    * NB Effective until December 31, 2012    * 4. a. No person shall:    (1)  discharge  a  firearm or long bow in such a way as will result in  the load or arrow thereof passing over a  public  highway  or  any  part  thereof;    (2)  discharge  a  firearm or long bow within five hundred feet from a  dwelling house, farm building or farm  structure  actually  occupied  or  used, school building, school playground, or occupied factory or church;    (3)  use  a  firearm  or  a long bow for the hunting of migratory game  birds in Larchmont Harbor, specifically those portions  bounded  by  the  following points of land:    BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF  LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR  ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO  DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY  DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA  BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE  SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.    (4) Use of a firearm or a long bow for the hunting of  migratory  game  birds  in  Udall's  Cove, specifically those portions of Little Neck Bay  within Nassau and Queens counties lying east of  a  line  running  north  from the foot of Douglaston Parkway to the shore opposite.    b.  The  prohibitions contained in subparagraph 2 of paragraph a above  shall not apply to:    (1) The owner or lessee of the  dwelling  house,  or  members  of  his  immediate  family  actually residing therein, or a person in his employ,  or the guest of the owner or lessee of the dwelling  house  acting  with  the  consent  of  said  owner  or lessee, provided however, that nothing  herein shall be deemed to authorize such persons to discharge a  firearm  or  longbow  within  five hundred feet of any other dwelling house, or a  farm building or farm structure actually occupied or used, or  a  school  building or playground or occupied factory or church;    (2)  Programs  conducted  by  public  schools offering instruction and  training in the use of firearms or long bow;    (3) The authorized use of a pistol, rifle or  target  range  regularly  operated  and maintained by a police department or other law enforcement  agency or by any duly organized membership corporation;    (4) The discharge  of  a  shotgun  over  water  by  a  person  hunting  migratory game birds if no dwelling house or public structure, livestock  or  person  is  situated in the line of discharge less than five hundred  feet from the point of discharge.    * NB Effective December 31, 2012    5. a. No person shall use a rifle for hunting on  Long  Island  or  in  Westchester  County.  If  a  person  be  found  carrying  a rifle in the  woodlands on Long Island or in Westchester County, that  fact  shall  be  presumptive  evidence  that he is illegally using it for hunting in that  area; but this provision does not apply to members of a  duly  organized  target  shooting  club  carrying  unloaded rifles to and from the target  range.    b. In the counties, or parts of counties, where the  use  of  a  rifle  other  than  a  muzzle loading firearm is not permitted in the taking of  deer, a person afield shall not possess a rifle larger  than  twenty-two  caliber  rim-fire  other  than  a muzzle loading firearm during the open  season for deer.* c. In the Northern Zone no person, while engaged in hunting with the  aid of a dog or while afield accompanied by a dog, shall possess a rifle  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun  loaded  with  a  slug, ball or buckshot, or possess a crossbow; but this  paragraph  does  not apply to persons, engaged in coyote hunts with dogs  during any open season on coyotes established pursuant to the provisions  of section 11-0903.    * NB Effective until December 31, 2012    * c.  In the Northern Zone no person, while engaged  in  hunting  with  the  aid  of a dog or while afield accompanied by a dog, shall possess a  rifle larger than .22 caliber using rim-fire  ammunition  or  possess  a  shotgun  loaded  with  a slug, ball or buckshot; but this paragraph does  not apply to persons, engaged in coyote hunts with dogs during any  open  season  on  coyotes  established  pursuant  to the provisions of section  11-0903.    * NB Effective December 31, 2012    * 6. No person while engaged in hunting deer or  bear  pursuant  to  a  bowhunting  stamp,  and  no  person  accompanying him or a member of his  party, while he is so engaged during a  special  longbow  season,  shall  have  in his possession a firearm or crossbow of any kind, and no person  while engaged in hunting deer  or  bear  pursuant  to  a  muzzle-loading  stamp, and no person accompanying him or a member of his party, while he  is so engaged during a special muzzle-loading firearm season, shall have  in  his  possession  a  firearm  of any kind other than a muzzle-loading  firearm.    * NB Effective until December 31, 2012    * 6. No person while engaged in hunting deer or  bear  pursuant  to  a  bowhunting  stamp,  and  no  person  accompanying him or a member of his  party, while he is so engaged during a  special  longbow  season,  shall  have  in  his  possession  a  firearm  of  any kind, and no person while  engaged in hunting deer or bear pursuant to a muzzle-loading stamp,  and  no  person  accompanying  him  or  a member of his party, while he is so  engaged during a special muzzle-loading firearm season,  shall  have  in  his  possession  a  firearm  of  any  kind  other  than a muzzle-loading  firearm.    * NB Effective December 31, 2012    7. During any open season for deer, a person afield shall not  possess  shotgun  shells  loaded  with  a  slug  or  ball unless he holds a valid  license or permit to take deer or bear.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-11 > Title-9 > 11-0931

§ 11-0931. Prohibitions on the use and possession of firearms.    1.  No  person  except a law enforcement officer in the performance of  his official duties shall use in hunting or possess  in  the  fields  or  forests or on the waters of the state for any purpose:    a. the apparatus known as a silencer;    b.  any  automatic firearm, or any firearm which has been converted to  an automatic type, or  any  firearm  which  has  a  built-in  mechanical  adjustment which will permit it to function as an automatic arm; or    c. any auto-loading firearm of a construction to contain more than six  shells in the magazine and chamber combined, except    (1) such a firearm using twenty-two caliber rim-fire ammunition, or    (2) such a firearm which has been altered so as to reduce its capacity  to  not  more  than  six  shells at one time in the magazine and chamber  combined, or    (3) an auto-loading pistol having a barrel less than eight  inches  in  length.    d.  An automatic firearm is defined as one which will continue to fire  as long as the trigger is held back. An auto-loading firearm is  defined  as  one  which  reloads  itself  after  each  shot and requires that the  trigger be pulled back for each shot.    * 2. No firearm or crossbow except  a  pistol  or  revolver  shall  be  carried or possessed in or on a motor vehicle unless it is unloaded, for  a  firearm  in  both  the chamber and the magazine, except that a loaded  firearm which may be legally used for taking migratory game birds may be  carried or possessed in a motorboat while being legally used in  hunting  migratory  game birds, and no person except a law enforcement officer in  the performance of his official duties shall, while in  or  on  a  motor  vehicle, use a jacklight, spotlight or other artificial light upon lands  inhabited  by  deer if he is in possession or is accompanied by a person  who is in possession, at the time of such use, of a longbow, crossbow or  a firearm of any kind except a pistol or revolver, unless  such  longbow  is  unstrung  or  such  firearm  or  crossbow  is taken down or securely  fastened in a case or locked in the trunk of the vehicle.  For  purposes  of  this  subdivision,  motor  vehicle shall mean every vehicle or other  device operated by any power other than muscle power,  and  which  shall  include   but  not  be  limited  to  automobiles,  trucks,  motorcycles,  tractors,  trailers  and  motorboats,  snowmobiles  and   snowtravelers,  whether   operated  on  or  off  public  highways.  Notwithstanding  the  provisions of this subdivision, the department may issue a permit to any  person who is non-ambulatory, except with the use of a  mechanized  aid,  to  possess a loaded firearm in or on a motor vehicle as defined in this  section, subject  to  such  restrictions  as  the  department  may  deem  necessary  in  the  interest  of  public  safety,  and for a fee of five  dollars. Nothing in this section permits the possession of a pistol or a  revolver contrary to the penal law.    * NB Effective until December 31, 2012    * 2. No firearm except a  pistol  or  revolver  shall  be  carried  or  possessed  in  or  on  a motor vehicle unless it is unloaded in both the  chamber and the magazine, except that a  loaded  firearm  which  may  be  legally used for taking migratory game birds may be carried or possessed  in a motorboat while being legally used in hunting migratory game birds,  and no person except a law enforcement officer in the performance of his  official  duties shall, while in or on a motor vehicle, use a jacklight,  spotlight or other artificial light upon lands inhabited by deer  if  he  is  in possession or is accompanied by a person who is in possession, at  the time of such use, of a longbow, crossbow or a firearm  of  any  kind  except  a  pistol  or  revolver, unless such longbow is unstrung or such  firearm is taken down or securely fastened in a case or  locked  in  thetrunk  of  the  vehicle. For purposes of this subdivision, motor vehicle  shall mean every vehicle or other device operated  by  any  power  other  than  muscle  power,  and  which  shall  include  but  not be limited to  automobiles,  trucks,  motorcycles,  tractors,  trailers and motorboats,  snowmobiles  and  snowtravelers,  whether  operated  on  or  off  public  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the  department may issue a permit  to  any  person  who  is  non-ambulatory,  except  with the use of a mechanized aid, to possess a loaded firearm in  or on a motor vehicle as  defined  in  this  section,  subject  to  such  restrictions  as  the  department  may deem necessary in the interest of  public safety, and for a fee of five dollars. Nothing  in  this  section  permits  the  possession of a pistol or a revolver contrary to the penal  law.    * NB Effective December 31, 2012    3. No  person  shall  discharge  a  firearm  in  a  "restricted  area"  established  pursuant  to  section 11-0321, contrary to the terms of the  restriction prohibiting or restricting such discharge.    * 4. a. No person shall:    (1) discharge a firearm, crossbow or long bow in such a  way  as  will  result  in the load, bolt or arrow thereof passing over a public highway  or any part thereof;    (2) discharge a firearm, crossbow or long bow within five hundred feet  from a dwelling house, farm building or farm structure actually occupied  or used, school building, school  playground,  or  occupied  factory  or  church;    (3) use a firearm, crossbow or a long bow for the hunting of migratory  game  birds  in Larchmont Harbor, specifically those portions bounded by  the following points of land:    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.    (4)  Use  of  a  firearm,  crossbow  or  a long bow for the hunting of  migratory game birds in Udall's Cove,  specifically  those  portions  of  Little  Neck  Bay within Nassau and Queens counties lying east of a line  running north from the foot of Douglaston Parkway to the shore opposite.    b. The prohibitions contained in subparagraph 2 of paragraph  a  above  shall not apply to:    (1)  The  owner  or  lessee  of  the dwelling house, or members of his  immediate family actually residing therein, or a person in  his  employ,  or  the  guest  of the owner or lessee of the dwelling house acting with  the consent of said owner or  lessee,  provided  however,  that  nothing  herein shall be deemed to authorize such persons to discharge a firearm,  crossbow  or  longbow  within  five  hundred  feet of any other dwelling  house, or a farm building or farm structure actually occupied  or  used,  or a school building or playground or occupied factory or church;    (2)  Programs  conducted  by  public  schools offering instruction and  training in the use of firearms, crossbow or long bow;    (3) The authorized use of a pistol, rifle or  target  range  regularly  operated  and maintained by a police department or other law enforcement  agency or by any duly organized membership corporation;    (4) The discharge  of  a  shotgun  over  water  by  a  person  hunting  migratory game birds if no dwelling house or public structure, livestockor  person  is  situated in the line of discharge less than five hundred  feet from the point of discharge.    * NB Effective until December 31, 2012    * 4. a. No person shall:    (1)  discharge  a  firearm or long bow in such a way as will result in  the load or arrow thereof passing over a  public  highway  or  any  part  thereof;    (2)  discharge  a  firearm or long bow within five hundred feet from a  dwelling house, farm building or farm  structure  actually  occupied  or  used, school building, school playground, or occupied factory or church;    (3)  use  a  firearm  or  a long bow for the hunting of migratory game  birds in Larchmont Harbor, specifically those portions  bounded  by  the  following points of land:    BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF  LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR  ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO  DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY  DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA  BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE  SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.    (4) Use of a firearm or a long bow for the hunting of  migratory  game  birds  in  Udall's  Cove, specifically those portions of Little Neck Bay  within Nassau and Queens counties lying east of  a  line  running  north  from the foot of Douglaston Parkway to the shore opposite.    b.  The  prohibitions contained in subparagraph 2 of paragraph a above  shall not apply to:    (1) The owner or lessee of the  dwelling  house,  or  members  of  his  immediate  family  actually residing therein, or a person in his employ,  or the guest of the owner or lessee of the dwelling  house  acting  with  the  consent  of  said  owner  or lessee, provided however, that nothing  herein shall be deemed to authorize such persons to discharge a  firearm  or  longbow  within  five hundred feet of any other dwelling house, or a  farm building or farm structure actually occupied or used, or  a  school  building or playground or occupied factory or church;    (2)  Programs  conducted  by  public  schools offering instruction and  training in the use of firearms or long bow;    (3) The authorized use of a pistol, rifle or  target  range  regularly  operated  and maintained by a police department or other law enforcement  agency or by any duly organized membership corporation;    (4) The discharge  of  a  shotgun  over  water  by  a  person  hunting  migratory game birds if no dwelling house or public structure, livestock  or  person  is  situated in the line of discharge less than five hundred  feet from the point of discharge.    * NB Effective December 31, 2012    5. a. No person shall use a rifle for hunting on  Long  Island  or  in  Westchester  County.  If  a  person  be  found  carrying  a rifle in the  woodlands on Long Island or in Westchester County, that  fact  shall  be  presumptive  evidence  that he is illegally using it for hunting in that  area; but this provision does not apply to members of a  duly  organized  target  shooting  club  carrying  unloaded rifles to and from the target  range.    b. In the counties, or parts of counties, where the  use  of  a  rifle  other  than  a  muzzle loading firearm is not permitted in the taking of  deer, a person afield shall not possess a rifle larger  than  twenty-two  caliber  rim-fire  other  than  a muzzle loading firearm during the open  season for deer.* c. In the Northern Zone no person, while engaged in hunting with the  aid of a dog or while afield accompanied by a dog, shall possess a rifle  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun  loaded  with  a  slug, ball or buckshot, or possess a crossbow; but this  paragraph  does  not apply to persons, engaged in coyote hunts with dogs  during any open season on coyotes established pursuant to the provisions  of section 11-0903.    * NB Effective until December 31, 2012    * c.  In the Northern Zone no person, while engaged  in  hunting  with  the  aid  of a dog or while afield accompanied by a dog, shall possess a  rifle larger than .22 caliber using rim-fire  ammunition  or  possess  a  shotgun  loaded  with  a slug, ball or buckshot; but this paragraph does  not apply to persons, engaged in coyote hunts with dogs during any  open  season  on  coyotes  established  pursuant  to the provisions of section  11-0903.    * NB Effective December 31, 2012    * 6. No person while engaged in hunting deer or  bear  pursuant  to  a  bowhunting  stamp,  and  no  person  accompanying him or a member of his  party, while he is so engaged during a  special  longbow  season,  shall  have  in his possession a firearm or crossbow of any kind, and no person  while engaged in hunting deer  or  bear  pursuant  to  a  muzzle-loading  stamp, and no person accompanying him or a member of his party, while he  is so engaged during a special muzzle-loading firearm season, shall have  in  his  possession  a  firearm  of any kind other than a muzzle-loading  firearm.    * NB Effective until December 31, 2012    * 6. No person while engaged in hunting deer or  bear  pursuant  to  a  bowhunting  stamp,  and  no  person  accompanying him or a member of his  party, while he is so engaged during a  special  longbow  season,  shall  have  in  his  possession  a  firearm  of  any kind, and no person while  engaged in hunting deer or bear pursuant to a muzzle-loading stamp,  and  no  person  accompanying  him  or  a member of his party, while he is so  engaged during a special muzzle-loading firearm season,  shall  have  in  his  possession  a  firearm  of  any  kind  other  than a muzzle-loading  firearm.    * NB Effective December 31, 2012    7. During any open season for deer, a person afield shall not  possess  shotgun  shells  loaded  with  a  slug  or  ball unless he holds a valid  license or permit to take deer or bear.