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This entry was published on 2024-05-31
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SECTION 11-0931
Prohibitions on the use and possession of firearms
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 9
§ 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. a. No crossbow or firearm except a pistol or revolver shall be
carried or possessed in or on a motor vehicle unless it is uncocked, for
a crossbow or 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 b. no
person except a law enforcement officer in the performance of his
official duties or a nuisance wildlife specialist with a permit issued
pursuant to section 11-0522-a of this article, provided that such
activities are in furtherance of the site-specific deer management plan,
shall, while in or on a motor vehicle, use a jacklight, spotlight or
other artificial light upon lands inhabited by deer if he or she 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 or crossbow 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. Nothing in this section permits the possession of a
pistol or a revolver contrary to the penal law.

* NB Effective until January 1, 2027

* 2. No crossbow or firearm except a pistol or revolver shall be
carried or possessed in or on a motor vehicle unless it is uncocked, for
a crossbow or 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 or she 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 or crossbow 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. Nothing in this section permits the possession of a
pistol or a revolver contrary to the penal law.

* NB Effective January 1, 2027

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 within five hundred feet, a long bow within
one hundred fifty feet, or a crossbow within two hundred fifty feet from
a dwelling house, farm building or farm structure actually occupied or
used, school building, school playground, public structure, 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
within five hundred feet, a long bow within one hundred fifty feet, or a
crossbow within two hundred fifty feet of any other dwelling house, or a
farm building or farm structure actually occupied or used, or a school
building or playground, public structure, or occupied factory or church;
provided further, that a nuisance wildlife specialist with a permit
issued pursuant to section 11-0522 of this article acting in furtherance
of the site specific deer management plan may discharge a firearm within
five hundred feet of any dwelling houses, structures, schools or
playgrounds, provided that the owners or lessees thereof have been
notified by certified mail of the date or dates, and time period of the
expected activity, and discharge a firearm within two hundred fifty feet
of such dwelling houses, structures, schools or playgrounds provided
that all the owners or lessees thereof have provided written consent;
provided further, that a nuisance wildlife specialist with a permit
issued pursuant to section 11-0522-a of this article acting in
furtherance of the site-specific deer management plan may discharge a
firearm within five hundred feet of any dwelling houses, structures,
schools or playgrounds, provided that the owners or lessees thereof have
been notified by certified mail of the date or dates and time period of
the expected activity, and discharge a firearm within two hundred fifty
feet of such dwelling houses, structures, schools or playgrounds
provided that all the owners or lessees thereof have provided written
consent;

* NB Effective until January 1, 2027

* (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
within five hundred feet, a long bow within one hundred fifty feet, or a
crossbow within two hundred fifty feet of any other dwelling house, or a
farm building or farm structure actually occupied or used, or a school
building or playground, public structure, or occupied factory or church;

* NB Effective January 1, 2027

(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, farm building or farm
structure actually occupied or used, school building, school playground,
or public structure, factory or church, livestock or person is situated
in the line of discharge less than five hundred feet from the point of
discharge.

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 of this title.

6. No person while engaged in hunting deer or bear pursuant to a
bowhunting privilege, and no person accompanying him or her or a member
of his or her party, while he or she is so engaged during a special
longbow season, shall have in his or her possession a firearm of any
kind, and no person while engaged in hunting deer or bear pursuant to a
muzzle-loading privilege, and no person accompanying him or her or a
member of his or her party, while he or she is so engaged during a
special muzzle-loading firearm season, shall have in his or her
possession a firearm of any kind other than a muzzle-loading firearm.

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.