2006 New York Code - 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. 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  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.
    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 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.
    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; 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,  who
  have   applied  for  and  received  a  permit  for  such  hunt  from  an
  environmental conservation officer.
    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.
    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.