2006 New York Code - Exemptions.

 
  § 265.20 Exemptions.
    a.  Sections  265.01,  265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
  265.12, 265.13, 265.15 and 270.05 shall not apply to:
    1. Possession of  any  of  the  weapons,  instruments,  appliances  or
  substances  specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
  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 two years 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,  firearm,  switchblade  knife,  gravity  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;  provided,  that  such  a  license  shall  not preclude a
  conviction for the offense  defined  in  subdivision  three  of  section
  265.01 of this article.
    4.  Possession  of  a rifle, shotgun 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 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 or gravity knife 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, or by the national rifle association
  of America, a not-for-profit corporation duly organized under  the  laws
  of  this  state;  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 made 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, or by the national rifle association
  of America, a not-for-profit corporation duly organized under  the  laws
  of  this  state;  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, or by the
  national rifle association of America, a not-for-profit corporation duly
  organized under the laws of this state; 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  eighteen
  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.
    8.  The  manufacturer of machine-guns, assault weapons, large capacity
  ammunition feeding devices,  disguised  guns,  pilum  ballistic  knives,
  switchblade  or gravity knives, billies or blackjacks as merchandise and
  the disposal and shipment thereof direct to a regularly  constituted  or
  appointed  state  or  municipal police department, sheriff, policeman 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.
    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.
    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.
    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.