N.Y. Penal Law § 265.20: Exemptions

§ 265.20 Exemptions.

a. Paragraph (h) of subdivision twenty-two of section 265.00 and

sections 265.01, 265.01-a, 265.01-b, 265.01-c, 265.02, 265.03, 265.04,

265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 265.50,

265.55 and 270.05 shall not apply to:

1. Possession of any of the weapons, instruments, appliances or

substances specified in sections 265.01, 265.01-c, 265.02, 265.03,

265.04, 265.05, 265.50, 265.55 and 270.05 by the following:

(a) Persons in the military service of the state of New York when duly

authorized by regulations issued by the adjutant general to possess the

same.

(b) Police officers as defined in subdivision thirty-four of section

1.20 of the criminal procedure law.

(c) Peace officers as defined by section 2.10 of the criminal

procedure law.

(d) Persons in the military or other service of the United States, in

pursuit of official duty or when duly authorized by federal law,

regulation or order to possess the same.

(e) Persons employed in fulfilling defense contracts with the

government of the United States or agencies thereof when possession of

the same is necessary for manufacture, transport, installation and

testing under the requirements of such contract.

(f) A person voluntarily surrendering such weapon, instrument,

appliance or substance, provided that such surrender shall be made to

the superintendent of the division of state police or a member thereof

designated by such superintendent, or to the sheriff of the county in

which such person resides, or in the county of Nassau or in the towns of

Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of

Suffolk to the commissioner of police or a member of the police

department thereof designated by such commissioner, or if such person

resides in a city, town other than one named in this subparagraph, or

village to the police commissioner or head of the police force or

department thereof or to a member of the force or department designated

by such commissioner or head; and provided, further, that the same shall

be surrendered by such person in accordance with such terms and

conditions as may be established by such superintendent, sheriff, police

force or department. Nothing in this paragraph shall be construed as

granting immunity from prosecution for any crime or offense except that

of unlawful possession of such weapons, instruments, appliances or

substances surrendered as herein provided. A person who possesses any

such weapon, instrument, appliance or substance as an executor or

administrator or any other lawful possessor of such property of a

decedent may continue to possess such property for a period not over

fifteen days. If such property is not lawfully disposed of within such

period the possessor shall deliver it to an appropriate official

described in this paragraph or such property may be delivered to the

superintendent of state police. Such officer shall hold it and shall

thereafter deliver it on the written request of such executor,

administrator or other lawful possessor of such property to a named

person, provided such named person is licensed to or is otherwise

lawfully permitted to possess the same. If no request to deliver the

property is received by such official within one year of the delivery of

such property, such official shall dispose of it in accordance with the

provisions of section 400.05 of this chapter.

2. Possession of a machine-gun, large capacity ammunition feeding

device, rapid-fire modification device, firearm, switchblade knife,

pilum ballistic knife, billy or blackjack by a warden, superintendent,

headkeeper or deputy of a state prison, penitentiary, workhouse, county

jail or other institution for the detention of persons convicted or

accused of crime or detained as witnesses in criminal cases, in pursuit

of official duty or when duly authorized by regulation or order to

possess the same.

3. Possession of a pistol or revolver by a person to whom a license

therefor has been issued as provided under section 400.00 or 400.01 of

this chapter or possession of a weapon as defined in paragraph (e) or

(f) of subdivision twenty-two of section 265.00 of this article which is

registered pursuant to paragraph (a) of subdivision sixteen-a of section

400.00 of this chapter or is included on an amended license issued

pursuant to section 400.00 of this chapter. In the event such license is

revoked, other than because such licensee is no longer permitted to

possess a firearm, rifle or shotgun under federal or state law,

information sufficient to satisfy the requirements of subdivision

sixteen-a of section 400.00 of this chapter, shall be transmitted by the

licensing officer to the state police, in a form as determined by the

superintendent of state police. Such transmission shall constitute a

valid registration under such section. Further provided, notwithstanding

any other section of this title, a failure to register such weapon by an

individual who possesses such weapon before the enactment of the chapter

of the laws of two thousand thirteen which amended this paragraph and

may so lawfully possess it thereafter upon registration, shall only be

subject to punishment pursuant to paragraph (c) of subdivision sixteen-a

of section 400.00 of this chapter; provided, that such a license or

registration shall not preclude a conviction for the offense defined in

subdivision three of section 265.01 of this article or section 265.01-a

of this article.

3-a. Possession of a pistol or revolver by a person undergoing

live-fire range training pursuant to section 400.00 of this chapter

while such person is undergoing such training and is supervised by a

duly authorized instructor.

4. Possession of a rifle, shotgun, crossbow or longbow for use while

hunting, trapping or fishing, by a person, not a citizen of the United

States, carrying a valid license issued pursuant to section 11-0713 of

the environmental conservation law.

5. Possession of a rifle or shotgun by a person other than a person

who has been convicted of a class A-I felony or a violent felony

offense, as defined in subdivision one of section 70.02 of this chapter,

who has been convicted as specified in subdivision four of section

265.01 to whom a certificate of good conduct has been issued pursuant to

section seven hundred three-b of the correction law.

6. Possession of a switchblade for use while hunting, trapping or

fishing by a person carrying a valid license issued to him pursuant to

section 11-0713 of the environmental conservation law.

7. Possession, at an indoor or outdoor shooting range for the purpose

of loading and firing, of a rifle or shotgun, the propelling force of

which is gunpowder by a person under sixteen years of age but not under

twelve, under the immediate supervision, guidance and instruction of (a)

a duly commissioned officer of the United States army, navy, air force,

marine corps or coast guard, or of the national guard of the state of

New York; or (b) a duly qualified adult citizen of the United States who

has been granted a certificate as an instructor in small arms practice

issued by the United States army, navy, air force or marine corps, or by

the adjutant general of this state, by the national rifle association of

America, a not-for-profit corporation duly organized under the laws of

this state, or by a New York state 4-H certified shooting sports

instructor; or (c) a parent, guardian, or a person over the age of

eighteen designated in writing by such parent or guardian who shall have

a certificate of qualification in responsible hunting, including safety,

ethics, and landowner relations-hunter relations, issued or honored by

the department of environmental conservation; or (d) an agent of the

department of environmental conservation appointed to conduct courses in

responsible hunting practices pursuant to article eleven of the

environmental conservation law.

7-a. Possession and use, at an indoor or outdoor pistol range located

in or on premises owned or occupied by a duly incorporated organization

organized for conservation purposes or to foster proficiency in small

arms or at a target pistol shooting competition under the auspices of or

approved by the national rifle association for the purpose of loading

and firing the same, by a person duly licensed to possess a pistol or

revolver pursuant to section 400.00 or 400.01 of this chapter of a

pistol or revolver duly so licensed to another person who is present at

the time.

7-b. Possession and use, at an indoor or outdoor pistol range located

in or on premises owned or occupied by a duly incorporated organization

organized for conservation purposes or to foster proficiency in small

arms or at a target pistol shooting competition under the auspices of or

approved by the national rifle association for the purpose of loading

and firing the same, by a person who has applied for a license to

possess a pistol or revolver and pre-license possession of same pursuant

to section 400.00 or 400.01 of this chapter, who has not been previously

denied a license, been previously convicted of a felony or serious

offense, and who does not appear to be, or pose a threat to be, a danger

to himself or to others, and who has been approved for possession and

use herein in accordance with section 400.00 or 400.01 of this chapter;

provided however, that such possession shall be of a pistol or revolver

duly licensed to and shall be used under the supervision, guidance and

instruction of, a person specified in paragraph seven of this

subdivision and provided further that such possession and use be within

the jurisdiction of the licensing officer with whom the person has made

application therefor or within the jurisdiction of the superintendent of

state police in the case of a retired sworn member of the division of

state police who has opted to make an application pursuant to section

400.01 of this chapter.

7-c. Possession for the purpose of loading and firing, of a rifle,

pistol or shotgun, the propelling force of which may be either air,

compressed gas or springs, by a person under sixteen years of age but

not under twelve, under the immediate supervision, guidance and

instruction of (a) a duly commissioned officer of the United States

army, navy, marine corps or coast guard, or of the national guard of the

state of New York; or (b) a duly qualified adult citizen of the United

States who has been granted a certificate as an instructor in small arms

practice issued by the United States army, navy or marine corps, or by

the adjutant general of this state, by the national rifle association of

America, a not-for-profit corporation duly organized under the laws of

this state, or by a New York state 4-H certified shooting sports

instructor; or (c) a parent, guardian, or a person over the age of

eighteen designated in writing by such parent or guardian who shall have

a certificate of qualification in responsible hunting, including safety,

ethics, and landowner relations-hunter relations, issued or honored by

the department of environmental conservation.

7-d. Possession, at an indoor or outdoor shooting range for the

purpose of loading and firing, of a rifle, pistol or shotgun, the

propelling force of which may be either air, compressed gas or springs,

by a person under twelve years of age, under the immediate supervision,

guidance and instruction of (a) a duly commissioned officer of the

United States army, navy, marine corps or coast guard, or of the

national guard of the state of New York; or (b) a duly qualified adult

citizen of the United States who has been granted a certificate as an

instructor in small arms practice issued by the United States army, navy

or marine corps, or by the adjutant general of this state, by the

national rifle association of America, a not-for-profit corporation duly

organized under the laws of this state, or by a New York state 4-H

certified shooting sports instructor; or (c) a parent, guardian, or a

person over the age of eighteen designated in writing by such parent or

guardian who shall have a certificate of qualification in responsible

hunting, including safety, ethics, and landowner relations-hunter

relations, issued or honored by the department of environmental

conservation.

7-e. Possession and use of a pistol or revolver, at an indoor or

outdoor pistol range located in or on premises owned or occupied by a

duly incorporated organization organized for conservation purposes or to

foster proficiency in small arms or at a target pistol shooting

competition under the auspices of or approved by an association or

organization described in paragraph 7-a of this subdivision for the

purpose of loading and firing the same by a person at least fourteen

years of age but under the age of twenty-one who has not been previously

convicted of a felony or serious offense, and who does not appear to be,

or pose a threat to be, a danger to himself or to others; provided

however, that such possession shall be of a pistol or revolver duly

licensed to and shall be used under the immediate supervision, guidance

and instruction of, a person specified in paragraph seven of this

subdivision.

7-f. Possession and use of a magazine, belt, feed strip or similar

device, that contains more than seven rounds of ammunition, but that

does not have a capacity of or can readily be restored or converted to

accept more than ten rounds of ammunition, at an indoor or outdoor

firing range located in or on premises owned or occupied by a duly

incorporated organization organized for conservation purposes or to

foster proficiency in arms; at an indoor or outdoor firing range for the

purpose of firing a rifle or shotgun; at a collegiate, olympic or target

shooting competition under the auspices of or approved by the national

rifle association; or at an organized match sanctioned by the

International Handgun Metallic Silhouette Association.

8. The manufacturer of machine-guns, firearm silencers, assault

weapons, large capacity ammunition feeding devices, rapid-fire

modification devices, disguised guns, pilum ballistic knives,

switchblade or gravity knives, billies or blackjacks as merchandise, or

as a transferee recipient of the same for repair, lawful distribution or

research and development, and the disposal and shipment thereof direct

to a regularly constituted or appointed state or municipal police

department, sheriff, police officer or other peace officer, or to a

state prison, penitentiary, workhouse, county jail or other institution

for the detention of persons convicted or accused of crime or held as

witnesses in criminal cases, or to the military service of this state or

of the United States; or for the repair and return of the same to the

lawful possessor or for research and development.

9. The regular and ordinary transport of firearms as merchandise,

provided that the person transporting such firearms, where he knows or

has reasonable means of ascertaining what he is transporting, notifies

in writing the police commissioner, police chief or other law

enforcement officer performing such functions at the place of delivery,

of the name and address of the consignee and the place of delivery, and

withholds delivery to the consignee for such reasonable period of time

designated in writing by such police commissioner, police chief or other

law enforcement officer as such official may deem necessary for

investigation as to whether the consignee may lawfully receive and

possess such firearms.

9-a. a. Except as provided in subdivision b hereof, the regular and

ordinary transport of pistols or revolvers by a manufacturer of firearms

to whom a license as a dealer in firearms has been issued pursuant to

section 400.00 of this chapter, or by an agent or employee of such

manufacturer of firearms who is otherwise duly licensed to carry a

pistol or revolver and who is duly authorized in writing by such

manufacturer of firearms to transport pistols or revolvers on the date

or dates specified, directly between places where the manufacturer of

firearms regularly conducts business provided such pistols or revolvers

are transported unloaded, in a locked opaque container. For purposes of

this subdivision, places where the manufacturer of firearms regularly

conducts business includes, but is not limited to places where the

manufacturer of firearms regularly or customarily conducts development

or design of pistols or revolvers, or regularly or customarily conducts

tests on pistols or revolvers, or regularly or customarily participates

in the exposition of firearms to the public.

b. The transportation of such pistols or revolvers into, out of or

within the city of New York may be done only with the consent of the

police commissioner of the city of New York. To obtain such consent, the

manufacturer must notify the police commissioner in writing of the name

and address of the transporting manufacturer, or agent or employee of

the manufacturer who is authorized in writing by such manufacturer to

transport pistols or revolvers, the number, make and model number of the

firearms to be transported and the place where the manufacturer

regularly conducts business within the city of New York and such other

information as the commissioner may deem necessary. The manufacturer

must not transport such pistols and revolvers between the designated

places of business for such reasonable period of time designated in

writing by the police commissioner as such official may deem necessary

for investigation and to give consent. The police commissioner may not

unreasonably withhold his consent.

10. Engaging in the business of gunsmith or dealer in firearms by a

person to whom a valid license therefor has been issued pursuant to

section 400.00 of this chapter, provided, however, that this paragraph

shall not apply to conduct prohibited by subdivision ten of section

265.10 of this article.

11. Possession of a firearm or large capacity ammunition feeding

device by a police officer or sworn peace officer of another state while

conducting official business within the state of New York.

12. Possession of a pistol or revolver by a person who is a member or

coach of an accredited college or university target pistol team while

transporting the pistol or revolver into or through New York state to

participate in a collegiate, olympic or target pistol shooting

competition under the auspices of or approved by the national rifle

association, provided such pistol or revolver is unloaded and carried in

a locked carrying case and the ammunition therefor is carried in a

separate locked container.

12-a. Possession and use of a pistol or revolver, at an indoor or

outdoor shooting range, by a registered student of a higher education

institution chartered by the state of New York, who is participating in

a course in gun safety and proficiency offered by such institution,

under the immediate supervision, guidance, and instruction of a person

specified in paragraph seven of this subdivision.

13. Possession of pistols and revolvers by a person who is a

nonresident of this state while attending or traveling to or from, an

organized competitive pistol match or league competition under auspices

of, or approved by, the National Rifle Association and in which he is a

competitor, within forty-eight hours of such event or by a person who is

a non-resident of the state while attending or traveling to or from an

organized match sanctioned by the International Handgun Metallic

Silhouette Association and in which he is a competitor, within

forty-eight hours of such event, provided that he has not been

previously convicted of a felony or a crime which, if committed in New

York, would constitute a felony, and further provided that the pistols

or revolvers are transported unloaded in a locked opaque container

together with a copy of the match program, match schedule or match

registration card. Such documentation shall constitute prima facie

evidence of exemption, providing that such person also has in his

possession a pistol license or firearms registration card issued in

accordance with the laws of his place of residence. For purposes of this

subdivision, a person licensed in a jurisdiction which does not

authorize such license by a person who has been previously convicted of

a felony shall be presumed to have no prior conviction. The

superintendent of state police shall annually review the laws of

jurisdictions within the United States and Canada with respect to the

applicable requirements for licensing or registration of firearms and

shall publish a list of those jurisdictions which prohibit possession of

a firearm by a person previously convicted of a felony or crimes which

if committed in New York state would constitute a felony.

13-a. Except in cities not wholly contained within a single county of

the state, possession of pistols and revolvers by a person who is a

nonresident of this state while attending or traveling to or from, an

organized convention or exhibition for the display of or education about

firearms, which is conducted under auspices of, or approved by, the

National Rifle Association and in which he is a registered participant,

within forty-eight hours of such event, provided that he has not been

previously convicted of a felony or a crime which, if committed in New

York, would constitute a felony, and further provided that the pistols

or revolvers are transported unloaded in a locked opaque container

together with a copy of the convention or exhibition program, convention

or exhibition schedule or convention or exhibition registration card.

Such documentation shall constitute prima facie evidence of exemption,

providing that such person also has in his possession a pistol license

or firearms registration card issued in accordance with the laws of his

place of residence. For purposes of this paragraph, a person licensed in

a jurisdiction which does not authorize such license by a person who has

been previously convicted of a felony shall be presumed to have no prior

conviction. The superintendent of state police shall annually review the

laws of jurisdictions within the United States and Canada with respect

to the applicable requirements for licensing or registration of firearms

and shall publish a list of those jurisdictions which prohibit

possession of a firearm by a person previously convicted of a felony or

crimes which if committed in New York state would constitute a felony.

14. Possession in accordance with the provisions of this paragraph of

a self-defense spray device as defined herein for the protection of a

person or property and use of such self-defense spray device under

circumstances which would justify the use of physical force pursuant to

article thirty-five of this chapter.

(a) As used in this section "self-defense spray device" shall mean a

pocket sized spray device which contains and releases a chemical or

organic substance which is intended to produce temporary physical

discomfort or disability through being vaporized or otherwise dispensed

in the air or any like device containing tear gas, pepper or similar

disabling agent.

(b) The exemption under this paragraph shall not apply to a person

who:

(i) is less than eighteen years of age; or

(ii) has been previously convicted in this state of a felony or any

assault; or

(iii) has been convicted of a crime outside the state of New York

which if committed in New York would constitute a felony or any assault

crime.

(c) The department of health, with the cooperation of the division of

criminal justice services and the superintendent of state police, shall

develop standards and promulgate regulations regarding the type of

self-defense spray device which may lawfully be purchased, possessed and

used pursuant to this paragraph. The regulations shall include a

requirement that every self-defense spray device which may be lawfully

purchased, possessed or used pursuant to this paragraph have a label

which states: "WARNING: The use of this substance or device for any

purpose other than self-defense is a criminal offense under the law. The

contents are dangerous - use with care. This device shall not be sold by

anyone other than a licensed or authorized dealer. Possession of this

device by any person under the age of eighteen or by anyone who has been

convicted of a felony or assault is illegal. Violators may be prosecuted

under the law."

15. Possession and sale of a self-defense spray device as defined in

paragraph fourteen of this subdivision by a dealer in firearms licensed

pursuant to section 400.00 of this chapter, a pharmacist licensed

pursuant to article one hundred thirty-seven of the education law or by

such other vendor as may be authorized and approved by the

superintendent of state police.

(a) Every self-defense spray device shall be accompanied by an insert

or inserts which include directions for use, first aid information,

safety and storage information and which shall also contain a toll free

telephone number for the purpose of allowing any purchaser to call and

receive additional information regarding the availability of local

courses in self-defense training and safety in the use of a self-defense

spray device.

(b) Before delivering a self-defense spray device to any person, the

licensed or authorized dealer shall require proof of age and a sworn

statement on a form approved by the superintendent of state police that

such person has not been convicted of a felony or any crime involving an

assault. Such forms shall be forwarded to the division of state police

at such intervals as directed by the superintendent of state police.

Absent any such direction the forms shall be maintained on the premises

of the vendor and shall be open at all reasonable hours for inspection

by any peace officer or police officer, acting pursuant to his or her

special duties. No more than two self-defense spray devices may be sold

at any one time to a single purchaser.

16. The terms "rifle," "shotgun," "pistol," "revolver," and "firearm"

as used in paragraphs three, four, five, seven, seven-a, seven-b, nine,

nine-a, ten, twelve, thirteen and thirteen-a of this subdivision shall

not include a disguised gun or an assault weapon.

b. Section 265.01 shall not apply to possession of that type of billy

commonly known as a "police baton" which is twenty-four to twenty-six

inches in length and no more than one and one-quarter inches in

thickness by members of an auxiliary police force of a city with a

population in excess of one million persons or the county of Suffolk

when duly authorized by regulation or order issued by the police

commissioner of such city or such county respectively. Such regulations

shall require training in the use of the police baton including but not

limited to the defensive use of the baton and instruction in the legal

use of deadly physical force pursuant to article thirty-five of this

chapter. Notwithstanding the provisions of this section or any other

provision of law, possession of such baton shall not be authorized when

used intentionally to strike another person except in those situations

when the use of deadly physical force is authorized by such article

thirty-five.

c. Sections 265.01, 265.10 and 265.15 shall not apply to possession of

billies or blackjacks by persons:

1. while employed in fulfilling contracts with New York state, its

agencies or political subdivisions for the purchase of billies or

blackjacks; or

2. while employed in fulfilling contracts with sister states, their

agencies or political subdivisions for the purchase of billies or

blackjacks; or

3. while employed in fulfilling contracts with foreign countries,

their agencies or political subdivisions for the purchase of billies or

blackjacks as permitted under federal law.

d. Subdivision one of section 265.01 and subdivision four of section

265.15 of this article shall not apply to possession or ownership of

automatic knives by any cutlery and knife museum established pursuant to

section two hundred sixteen-c of the education law or by any director,

officer, employee, or agent thereof when he or she is in possession of

an automatic knife and acting in furtherance of the business of such

museum.

e. Subdivision eight of section 265.02 and sections 265.36 and 265.37

of this chapter shall not apply to a qualified retired New York or

federal law enforcement officer as defined in subdivision twenty-five of

section 265.00 of this article, with respect to large capacity

ammunition feeding devices issued to such officer or purchased by such

officer in the course of his or her official duties and owned by such

officer at the time of his or her retirement or comparable replacements

for such devices, if: (i) the agency that employed the officer qualified

such officer in the use of the weapon which accepts such device in

accordance with applicable state or federal standards for active duty

law enforcement officers within twelve months prior to his or her

retirement; and (ii) such retired officer meets, at his or her own

expense, such applicable standards for such weapon at least once within

three years after his or her retirement date and at least once every

three years thereafter, provided, however, that any such qualified

officer who has been retired for eighteen months or more on the

effective date of this subdivision shall have eighteen months from such

effective date to qualify in the use of the weapon which accepts such

large capacity ammunition feeding device according to the provisions of

this subdivision, notwithstanding that such officer did not qualify

within three years after his or her retirement date, provided that such

officer is otherwise qualified and maintains compliance with the

provisions of this subdivision.

f. Subdivision ten of section 265.10 of this article shall not apply

to the following:

1. the disposition of a convertible pistol or the transport or

shipping as merchandise of a convertible pistol for disposition to

persons in the military service of the state of New York or the United

States when duly authorized by law or regulation to possess the same;

2. the disposition of a convertible pistol or the transport or

shipping as merchandise of a convertible pistol for disposition to

police officers as defined in subdivision thirty-four of section 1.20 of

the criminal procedure law;

3. the disposition of a convertible pistol or the transport or

shipping as merchandise of a convertible pistol for disposition to peace

officers as defined by section 2.10 of the criminal procedure law when

they are authorized to possess the same;

4. the disposition of a convertible pistol or the transport or

shipping as merchandise of a convertible pistol for disposition to

persons engaging in the business of gunsmith or dealer in firearms to

whom a valid license therefor has been issued pursuant to section 400.00

of this chapter;

5. a private party to private party transaction conducted through a

duly licensed dealer in firearms;

6. the sale, transfer, disposal, transportation, or shipment of a

convertible pistol to a duly licensed dealer in firearms or licensed

gunsmith by private party who lawfully owned such convertible pistol

prior to May thirty-first, two thousand twenty-seven;

7. the sale, transfer, disposal, transportation, or shipment of a

convertible pistol by a duly licensed dealer in firearms or licensed

gunsmith to a private person or another federal firearms licensee or

licensed gunsmith, where such convertible pistol's immediately preceding

owner and possessor, prior to the licensed dealer or licensed gunsmith,

was a private party who lawfully owned and possessed such convertible

pistol prior to May thirty-first, two thousand twenty-seven; or

8. the sale, transfer, disposal, transportation, or shipment of a

convertible pistol between members of an immediate family, as such term

is defined in section eight hundred ninety-eight of the general business

law, provided that such convertible pistol was lawfully owned and

possessed by such seller, transferor, or a member of the immediate

family of such seller or transferor prior to May thirty-first, two

thousand twenty-seven.