NY Env Conserv L § 11-0931 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 9 - Hunting 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. 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.   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;  (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.