NY State Senate Bill 2017-S8347

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2018	referred to environmental conservation

co-Sponsors

2017-S8347 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0103, 11-0933, 11-0901 & 11-0907, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S1906

2017-S8347 (ACTIVE) - Summary

Relates to permitting hunting by means of an air gun or air bow; defines terms.

2017-S8347 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8347

SPONSOR: FUNKE
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to hunting by means of an air gun or air bow

 
PURPOSE:

The purpose of this law is to allow air guns and air bows to be used for
hunting purposes in New York State.

 
SUMMARY OF PROVISIONS:

Section 1. Defines the term air gun and air bow.

Section 2. Allows for the taking of small game with an air gun or air
bow in the same manner that a crossbow is currently allowed to be used.

Section 3. Allows for the taking of small game or wild upland game birds
with an air gun in the same manner that a regular gun is currently
allowed to be used.

Section 4. Allows for the taking of big game with an air bow in seasons
when a crossbow is currently allowed to be used.

Section 5. Allows air guns to be used for hunting whenever a rifle is
used for big game hunting. Section 6. Allows air guns to be used for
hunting whenever a rifle is used for big game hunting.

 
JUSTIFICATION:

Current New York State law allows for hunting of game with longbows,
rifles, shotguns, muzzleloaders, and crossbows. Yet an emerging technol-
ogy, air gun and air bows are left out despite being equally capable
hunting implements that are safer to operate.

An air gun or air bow is capable of producing the power necessary to
humanely take game that is hunted, yet it can be loaded and unloaded
without being discharged unlike a crossbow. They cannot shoot in rapid
succession due to the need to reload and recompress air, so their capac-
ity in that regard is similar to a long bow, cross bow, or single action
rifle. Air bow and air guns don't involve the same physical rigor of a
long bow or crossbow, and therefore make hunting more accessible to the
aging population. This legislation would legalize air gun and air bows
in the same manner that rifles and crossbows are legalized currently.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided however, that the amendments to paragraph a of
subdivision 2 of section 11-0907 of the environmental conservation law
made by section five of this act shall be subject to the expiration and
reversion of such paragraph pursuant to section 13 of chapter 600 of the
laws of 1993, as amended, when upon such date the provisions of section
six of this act shall take effect.

2017-S8347 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8347
 
                             I N  S E N A T E
 
                                May 2, 2018
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to hunt-
   ing by means of an air gun or air bow
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  11-0103 of the environmental conservation law is
 amended by adding two new subdivisions 33 and 34 to read as follows:
   33. "AIR GUN" MEANS ANY IMPLEMENT WHICH BY THE  FORCE  OF  NON-IGNITED
 COMPRESSED AIR OR OTHER GASSES EXPELS A MISSILE OR PROJECTILE CAPABLE OF
 KILLING,  WOUNDING,  OR  OTHERWISE INFLICTING PHYSICAL DAMAGE UPON FISH,
 WILDLIFE, OR OTHER ANIMALS AND WHICH HAS A RIFLED OR SMOOTH BARREL.
   34. "AIR BOW" MEANS ANY IMPLEMENT BY WHICH THE  FORCE  OF  NON-IGNITED
 COMPRESSED  AIR  OR OTHER GASSES EXPELS BOLTS OR ARROWS CAPABLE OF KILL-
 ING, WOUNDING, OR OTHERWISE INFLICTING PHYSICAL DAMAGE UPON FISH,  WILD-
 LIFE, OR OTHER ANIMALS.
   §  2.  Section 11-0933 of the environmental conservation law, as added
 by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
 to read as follows:
 § 11-0933. Taking small game by crossbow, AIR GUN OR AIR BOW.
   Notwithstanding  any  provision of this chapter, or any prior notwith-
 standing language in this article, the department  may,  by  regulation,
 authorize the taking of small game and wild upland game birds by the use
 of  a crossbow, AIR GUN OR AIR BOW by any licensed person fourteen years
 of age or older, in any small game season, in  any  area  designated  in
 items  (a), (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of
 subdivision two of section 11-0907 of this title in which a  shotgun  or
 muzzle loader is permitted.
   §  3. The opening paragraph of paragraph c of subdivision 3 of section
 11-0901 of the environmental conservation law, as amended by section  19
 of  part  EE  of  chapter  55 of the laws of 2014, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15317-01-8

 S. 8347                             2
 
   Wild small game and wild upland game birds  shall  be  taken  only  by
 longbow [or], gun OR AIR GUN OF .17 CALIBER OR GREATER, or by the use of
 raptors as provided in title 10 of this article, except that:
   §  4. Subdivision 10 of section 11-0907 of the environmental conserva-
 tion law, as added by section 14 of part EE of chapter 55 of the laws of
 2014, is amended to read as follows:
   10. Notwithstanding any  provision  of  this  chapter,  or  any  prior
 notwithstanding  language  in this article, the department may, by regu-
 lation, authorize the taking of big game by the use of a crossbow OR AIR
 BOW by any licensed person in any big game season in any area designated
 in items (a), (b), (c), (d), (e), (f), (i), (k) and (l) of  paragraph  a
 of  subdivision  two of this section in which a shotgun or muzzle loader
 is permitted provided however, that any crossbow OR AIR BOW  use  during
 an  archery-only  season  shall only take place during the last fourteen
 consecutive days of  such  archery-only  season  in  the  southern  zone
 provided  that  such  archery-only season shall consist of not less than
 forty-five days and only during the last ten  consecutive  days  of  any
 archery-only season in the northern zone provided that such archery-only
 season shall consist of no less than twenty-three days. Any muzzle load-
 ing season which occurs at the same time as a special archery season may
 only occur during times when crossbows are authorized to be used.
   §  5. The opening paragraph of paragraph a of subdivision 2 of section
 11-0907 of the environmental conservation law, as amended by section  14
 of  part  EE  of  chapter  55 of the laws of 2014, is amended to read as
 follows:
   Regular open hunting seasons for deer are established  separately  for
 the  named  regions  or  parts  of  regions, or named counties listed in
 column one of the table set forth in this subdivision, and are specified
 as seasons for taking by pistol, rifle, shotgun  or  long  bow,  or  for
 taking  by shotgun, crossbow or long bow only, or for taking by long bow
 only, as indicated in column three entitled "Manner  of  Taking".  Where
 taking  of big game by shotgun is permitted by this chapter such shotgun
 may contain rifling in all or a portion of the barrel, provided,  howev-
 er,  if the barrel or a portion thereof does contain rifling only shells
 having non-metallic cases, except for the base,  may  be  used.  In  the
 areas identified in column one except in the "closed areas" specified in
 subdivision five of this section the game specified in column two may be
 taken  in the open season stated in column two immediately following the
 specification of the game, in the  manner  specified  in  column  three.
 WHERE  TAKING OF BIG GAME BY RIFLE IS PERMITTED BY THIS CHAPTER BIG GAME
 MAY ALSO BE TAKEN BY AIR GUN OF .30 CALIBER OR GREATER BY ANYONE  OTHER-
 WISE PERMITTED TO DO SO.
   §  6. The opening paragraph of paragraph a of subdivision 2 of section
 11-0907 of the environmental conservation law, as amended by section  15
 of  part  EE  of  chapter  55 of the laws of 2014, is amended to read as
 follows:
   Regular open hunting seasons for big game are  established  separately
 for  the  named regions or parts of regions, or named counties listed in
 column one of the table set forth in this subdivision, and are specified
 as seasons for taking by pistol, rifle, shotgun  or  long  bow,  or  for
 taking  by  shotgun or long bow only, or for taking by long bow only, as
 indicated in column three entitled "Manner of Taking". Where  taking  of
 big  game  by  shotgun  is  permitted  by  this chapter such shotgun may
 contain rifling in all or a portion of the barrel, provided, however, if
 the barrel or a portion thereof does contain rifling only shells  having
 non-metallic cases, except for the base, may be used. In the areas iden-

 S. 8347                             3
 
 tified  in column one except in the "closed areas" specified in subdivi-
 sion [5] FIVE OF THIS SECTION the game specified in column  two  may  be
 taken  in the open season stated in column two immediately following the
 specification  of  the  game,  in  the manner specified in column three.
 WHERE TAKING OF BIG GAME BY RIFLE IS PERMITTED BY THIS CHAPTER BIG  GAME
 MAY  ALSO  BE TAKE BY AIR GUN OF .30 CALIBER OR GREATER BY ANYONE OTHER-
 WISE PERMITTED TO DO SO.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the amendments to paragraph a
 of  subdivision  2  of section 11-0907 of the environmental conservation
 law made by section five of this act shall be subject to the  expiration
 and reversion of such paragraph pursuant to section 13 of chapter 600 of
 the  laws  of  1993,  as  amended, when upon such date the provisions of
 section six of this act shall take effect.

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Senate Bill S8347

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2017-S8347 (ACTIVE) - Details

2017-S8347 (ACTIVE) - Summary

2017-S8347 (ACTIVE) - Sponsor Memo

2017-S8347 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8347

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

Catharine Young

2017-S8347 (ACTIVE) - Details

2017-S8347 (ACTIVE) - Summary

2017-S8347 (ACTIVE) - Sponsor Memo

2017-S8347 (ACTIVE) - Bill Text download pdf

Comments