N.Y. Environmental Conservation Law § 11-0931: Prohibitions on the use and possession of firearms

§ 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.

8. a. No person in Westchester, Nassau, or Suffolk county shall

discharge a crossbow within five hundred feet of a dwelling house, a

farm building or farm structure actually occupied or used, or a school

building or playground, public structure, or occupied factory or church.

b. A county not enumerated in paragraph a of this subdivision may opt

by local law to be covered by the provisions of such paragraph.