2006 New York Code - Exemptions.



 
    §  10-305 Exemptions. The sections requiring rifle and shotgun permits
  and certificates  and  prohibiting  the  possession  or  disposition  of
  assault weapons shall not apply as follows:
    a.  Minors.  Any  person  under the age of twenty-one years may carry,
  fire, or use any rifle or shotgun in the actual presence  or  under  the
  direct  supervision  of any person who is a holder of a rifle or shotgun
  permit, or for the purpose of military drill under  the  auspices  of  a
  legally  recognized  organization and under competent supervision or for
  the purpose of competition or target practice in and upon a firing range
  approved by the police commissioner or  any  other  governmental  agency
  authorized  to provide such approval, or the national rifle association,
  which is under competent supervision at the time of such competition  or
  target  practice,  provided  that  the  rifle  or  shotgun  is otherwise
  properly registered or exempt from registration by virtue of some  other
  provision  of  this  chapter.  This exemption shall not apply to assault
  weapons.
    b. Antiques and ornaments. The provisions of this  chapter  shall  not
  apply  to antique rifles and shotguns which are incapable of being fired
  or discharged or which do not fire fixed ammunition,  or  those  weapons
  manufactured  prior  to  eighteen  hundred ninety-four and those weapons
  whose design was patented and  whose  commercial  manufacture  commenced
  prior  to  eighteen  hundred ninety-four and whose manufacture continued
  after eighteen hundred ninety-four without any substantial alteration in
  design  or  function,  and  for  which  cartridge  ammunition   is   not
  commercially  available and are possessed as curiosities or ornaments or
  for their historical significance and value. This  exemption  shall  not
  apply to assault weapons.
    c. Persons in the military service in the state of New York, when duly
  authorized  by  regulations issued by the chief of staff to the governor
  to possess the same, and police  officers,  provided  that  such  police
  officers   shall  not  be  exempt  from  the  sections  prohibiting  the
  possession  or  disposition  of  assault  weapons  except   during   the
  performance of their duties as police officers, and other peace officers
  as  defined in section 2.10 of the criminal procedure law, provided that
  such peace officers (1) are authorized pursuant to law or regulation  of
  the state or city of New York to possess either (a) a firearm within the
  city  of  New York without a license or permit therefor, or (b) a rifle,
  shotgun or assault weapon within the city of New York without  a  permit
  therefor;  and  (2)  are  authorized  by  their employer to possess such
  rifle, shotgun or assault weapon; and (3) shall not possess such  rifle,
  shotgun  or assault weapon except during the performance of their duties
  as peace officers.
    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.
    Any  such  person  exempted  by  subdivisions  c,  d  and e above, may
  purchase a rifle or shotgun only from a licensed dealer, and must submit
  to the dealer full and clear proof of identification,  including  shield
  number,  serial number, military or governmental order or authorization,
  and military or other official identification. Any dealer  who  disposes
  of  a  rifle  or  shotgun  to  any  exempt  person without securing such
  identification shall be in violation of these sections.
    f. A person may voluntarily surrender  a  rifle,  shotgun  or  assault
  weapon  to  the  police  commissioner,  provided, that the same shall be

surrendered by such person only after he or she gives notice in writing to the police commissioner, stating such person's name, address, the type of gun to be surrendered, and the approximate time of day and the place where such surrender shall take place and such time of day and place have been approved in writing by the police commissioner. Nothing in this subdivision shall be construed as granting immunity from prosecution for any crime or offense except that of unlawful possession of such rifle, shotgun or assault weapon. g. The regular and ordinary transport of rifles, shotguns or assault weapons as merchandise provided that the person transporting such rifles, shotguns or assault weapons where he or she knows or has reasonable means of ascertaining what such person is transporting, notifies, in writing, the police commissioner 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 the police commissioner as the police commissioner may deem necessary for investigation as to whether the consignee may lawfully receive and possess such rifles, shotguns or assault weapons. h. Possession by retail customers for the purpose of firing at duly licensed rifle target concessions at amusement parks, piers, and similar locations provided that the rifles to be so used be firmly chained or affixed to the counter and that the individual rifles are registered by the proprietor and that the proprietor is in possession of a rifle and shotgun permit. This exemption shall not apply to assault weapons. i. (1) Non-residents in transit. Any other provision of this chapter to the contrary notwithstanding, a non-resident of the city of New York who, without a rifle and shotgun permit issued hereunder, enters the city of New York possessing a rifle or shotgun in the course of transit to a destination outside the city of New York, or a non-resident of the city of New York who enters the city of New York possessing an assault weapon in the course of transit to a destination outside the city of New York, shall have a period of twenty-four hours subsequent to such entering to be exempt from penalty under this chapter for the unlawful possession of a rifle, shotgun or assault weapon, provided that such rifle, shotgun or assault weapon shall at all times be unloaded and in a locked case, or locked automobile trunk, and that said non-resident is lawfully in possession of said rifle, shotgun or assault weapon according to the laws of his or her place of residence. (2) Non-residents purchasing a rifle or shotgun from a licensed dealer. Any other provision of this chapter notwithstanding, a non-resident of the city of New York may purchase a rifle or shotgun from a licensed dealer provided that he or she presents the dealer with documentary evidence of his or her identity and place of residence, and the rifle or shotgun purchased is either personally delivered to the purchaser or transmitted by the dealer directly to the purchaser's residence. In the event the purchaser is traveling from the city by rail, ship or plane, the dealer is hereby authorized to deliver such rifle or shotgun at the appropriate terminal to a representative of the railroad, airline or shipping company, for placement aboard such train, plane or ship. If the rifle or shotgun is personally delivered to the non-resident purchaser within the city of New York, the purchaser shall have the rifle or shotgun removed from the city no later than twenty-four hours after the time of purchase. This exemption shall not apply to assault weapons. j. Nothing herein contained shall be construed to be a prohibition of the conduct of business by manufacturers, wholesale dealers, interstate shippers, or any other individuals or firms properly licensed by the
federal government, where such prohibition would be preempted by federal law. k. Special theatrical permit. Nothing herein contained is intended to prevent the possession or utilization of any rifle, shotgun or assault weapon during the course of any television, movie, stage or other similar theatrical production, or by a professional photographer in the pursuance of his or her profession, provided however, that the rifle or shotgun so used shall be properly registered and a special theatrical permit shall have been issued for the rifle, shotgun or assault weapon pursuant to rules established by the commissioner. l. Persons in possession of, using or transporting rifles which have been issued by the director of civilian marksmanship of the department of the army, pursuant to the provisions of ten U.S.C.A., sections 4307-4309, unto a civilian rifle club, or unto a rifle team representing an educational institution, provided that such persons are members in good standing of an accredited civilian rifle club, or are connected as students or coaches with such educational institution, shall not be required to obtain a certificate of registration for such rifle. This exemption shall not apply to assault weapons. m. Any resident of the city of New York acquiring a rifle or shotgun outside the city of New York shall within seventy-two hours after bringing such weapon into the city make application for a rifle and shotgun permit, if such person does not already possess such permit, and for a certificate of registration. Pending the issuance of such permit and/or certificate of registration such resident shall deposit such weapon with a designated officer, at the police precinct in which such person resides, who shall issue a receipt therefor and said weapon shall be retained at the precinct until the resident shall produce the proper permit and registration certificate. This exemption shall not apply to assault weapons. n. The provisions of section 10-303 of this chapter shall not apply to persons who are members of units of war veterans organizations, which organizations are duly recognized by the veterans administration, pursuant to section three thousand four hundred two of title thirty-eight of the United States code, and who are specifically designated to carry rifles or shotguns by the commanders of said units, while actually participating in, going to or returning from, special events authorized by the commissioner. Said rifles or shotguns, to be carried, must be the property of the unit of the war veterans organization, must be registered with the police commissioner pursuant to section 10-304 of this chapter and must be kept at the unit's headquarters or some central place as registered. o. Nothing herein shall exempt a member of a unit of a war veterans organization from possessing a permit issued pursuant to section 10-303, to carry rifles or shotguns which are not the property of a war veterans organization; nor shall that member be exempt from registering such rifles or shotguns, pursuant to section 10-304, which said member may personally own, possess or purchase. p. Any gunsmith licensed pursuant to section 10-302 may engage in the business of gunsmith as authorized by such license. q. Notwithstanding the provisions of this chapter prohibiting the possession or disposition of assault weapons, a special theatrical dealer may possess such weapons exclusively for the purpose of leasing such weapons to special theatrical permittees within the city and for theatrical purposes outside the city and may, in addition, with the written approval of the commissioner, permanently remove one or more assault weapons from the city.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.