Miscellaneous Provisions
Any person lawfully in possession of a firearm who suffers the loss or theft of said weapon shall report the facts and circumstances of the loss or theft to a police department or sheriff ’s office within twenty-four hours of the discovery of the loss or theft.
Illegal possession of a loaded firearm is a class C violent felony, punishable by a minimum mandatory term of three and a half years and a maximum of fifteen years.
It is unlawful to discharge a firearm so as the load passes over any part of a public highway. It is a crime to possess any rifle, shotgun or handgun in or upon a building or grounds, used for educational purposes, of any school, college or university. It is lawful, however, to possess a rifle, shotgun or handgun in or upon the forestry lands, wherever located, owned and maintained by the State University of New York College of environmental science and forestry, without the written authorization of such educational institution.
It is unlawful to discharge a firearm 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.
It is unlawful to willfully discharge any firearm either in a public place, or in any place where there is any person to be endangered thereby.
It is a crime to intentionally point or discharge any firearm toward another person (except in self-defense), even if no malice or injury is involved.
It is a crime to deface or alter the serial number or any other distinguishing number or identification mark on any handgun, rifle or shotgun, or to buy, receive, or dispose of a defaced firearm. Possession of any firearm that has been defaced creates a legal presumption that the possessor committed the offense.
The presence of a firearm in a vehicle is presumptive evidence of its possession by all persons occupying the vehicle except if:
- the firearm is found upon the person of one of the occupants
- if the firearm is found in a vehicle operated for hire by a duly licensed driver, then the presumption will not apply to the driver
- the firearm found is a handgun and one of the occupants has in his possession a valid license to have and carry concealed.
It is unlawful to possess a bullet containing an explosive substance designed to detonate upon impact or possess any armor piercing ammunition with intent to use unlawfully against another.
Note: Unless otherwise noted, the word firearm in this digest is used in its general sense, as any rifle, shotgun, or handgun. However, readers of the New York law should be aware that the term “firearm” when it appears in the text of the statutes, means only handguns and other firearms of a size which may be concealed upon the person.
CAUTION:
Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
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Assault Weapons
It shall be unlawful to possess any “assault weapon” or “large capacity ammunition feeding device.” So called assault weapons lawfully possessed prior to September 14, 1994 and large capacity ammunition feeding devices manufactured prior to such date can continue to be lawfully possessed..
“Assault weapon” is defined as:
A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics:
- a folding or telescoping stock
- a pistol grip that protrudes conspicuously beneath the actionof the weapon
- a bayonet mount
- a flash suppressor or threaded barrel designed to accommodate a flash suppressor
- a grenade launcher
- A semiautomatic shotgun that has at least two of the following characteristics
- a folding or telescoping stock
- a pistol grip that protrudes conspicuously beneath the action of the weapon
- a fixed magazine capacity in excess of five rounds
- an ability to accept a detachable magazine
- A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following characteristics
- an ammunition magazine that attaches to the pistol outside of the pistol grip
- a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer
- shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned
- manufactured weight of fifty ounces or more when the pistol is unloaded
- A semiautomatic version of an automatic rifle, shotgun or firearm
- Any of the weapons, or functioning frames or receivers of such weapons, or copies or duplicates of such weapons, in any caliber, known as:
- Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (All Models)
- Action Arms Israeli Military Industries UZI and Galil
- Beretta Ar70 (SC-70)
- Colt AR-15
- Fabrique National FN/FAL, FN/LAR, and FNC
- SWD M-10, M-11, M-11/9, and M-12
- Steyr AUG
- INTRATEC TEC-9, TEC-DC9 and TEC-22
- revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker
Assault weapons does not include:
- any rifle, shotgun or pistol that: is manually operated by bolt, pump, lever or slide action; or has been rendered permanently inoperable
- An antique firearm as defined under federal law
- A semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition
- A semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine
- A rifle, shotgun or pistol, or a replica or a duplicate thereof, specifically exempted from the federal assault weapon ban list as such weapon was manufactured on October 1, 1993
- “Large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device, manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition. There is an exception for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
CAUTION:
Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
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Machine Guns
It is a felony for any person to manufacture, transport or dispose of a machine gun. It is a felony to buy, receive, dispose or conceal a machine gun that has been defaced for the purpose of concealment.
The presence in any room, dwelling, structure or vehicle of any machine gun is presumptive evidence of unlawful possession by all persons occupying the place where the machine gun is found.
A machine gun is defined as any weapon from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun.
CAUTION:
Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
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Antiques
The New York definition of a firearm does not include an antique firearm. An antique firearm is any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver that uses fixed cartridges that are no longer available in the ordinary channels of commercial trade. A license is not required to possess, collect or carry an unloaded antique firearm.
However, a license is required to possess, collect and carry antique pistols. The licensing statute defines an antique pistol as: any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before l898, which is not designed for using rim-fire or conventional center-fire fixed ammunition; and any replica if such replica is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition, or uses rim-fire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. To the extent that an “antique pistol” is not also an “antique firearm,” a license would be required for lawful possession.
NY Law has interpreted this to mean antique rifles, shotguns, handguns, and replicas thereof, are generally exempt from the above restrictions and can be bought and possessed without a permit. (Persons who shoot muzzleloading handguns must be properly licensed.) However, to fall within the exemption, antique handguns must be unloaded and possessed without the materials required for loading.
CAUTION:
Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
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Non-Residents
It is unlawful for any person to carry, possess or transport a handgun in or through the state unless he has a valid New York license. (A provision of federal law provides a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel if the person is traveling from any place where he may lawfully possess and transport a firearm to any other place where he may lawfully possess and transport such firearm and the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console).
A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a locked carrying case and the ammunition is carried in a separate locked container.
Non-resident target shooters may enter or pass through New York State with handguns for the purposes of any NRA approved competition or IHMSA sanctioned match, within 48 hours of the competition, if the competitor has in his possession a copy of the match program, proof of entry and a pistol license from his state of residence. The handgun must be unloaded and transported in a locked opaque container. This provision does not apply in NY cities not wholly contained within a single county or to people with felony convictions.
Possession of firearms by a person who is a nonresident of this state is lawful while attending or traveling to or from an organized convention or exhibition approved by the NRA, and in which the nonresident is a registered participant within forty-eight hours of such event, provided that the nonresident has not been previously convicted of a felony and further provided that the firearms 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. This provision does not apply in NY cities not wholly contained within a single county.
A non-immigrant alien may possess a rifle or shotgun for use while hunting provided he has a valid hunting license issued by New York State and an approved gun import form from the BATFE.
CAUTION:
Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.
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