Assault Weapons
December 5, 2011
Safe Storage
January 17, 2013
Show all

Miscellaneous Provisions

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.


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.