NY Penal L § 265.20 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title P - Offenses Against Public Safety Article 265 - Firearms and Other Dangerous Weapons 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.   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.   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.