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Get the latest facts on the new NY SAFE gun laws that effect you!

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discharge of a firearm.

discharge of firearm

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3 replies to this topic

#1 PaPaBear

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Posted November 07 2012 - 11:51 AM

>>> Gordon Batcheller 11/5/2012 4:40 PM >>>
I recently inquired with our Division of Law Enforcement here in Albany about the interpretation of ECL 11--0931; the statute that deals with discharge of a firearm. The information below was provided by DLE to guide the interpretation of this important law:

The law is specific on a dwelling. For a private residence, it's the building they live in. If he has a garden shed 100' from the house that wouldn't qualify (even if occupied).
The viewing blind certainly would not fall under the restriction and a person could discharge within 500'.
The farm building is more complicated and is determined on a case by case basis.

1. Dwelling houses - this means a permanent place where people live and sleep. Excluded are temporary residential units including camping trailers, motor homes or other portable shelters. Also excluded are abandoned dwellings, detached garages, tree houses, "playscapes", decks, pool areas, storage sheds and out-buildings - even when/if they are temporarily occupied. A permanent camp or cabin may qualify as a "dwelling house". (Note: a building permit would be required for the construction of a "dwelling" in most areas. Check with your local code enforcement office to verify the intended use or "status" of a structure.)

2. Farm building/ farm structure that is EITHER occupied OR used - to qualify the premises alleged to be a farm must be utilized principally for agricultural production for commercial purposes, including but not limited to crops, fruit, hay, livestock, production of dairy products, nurseries/greenhouses. There is no minimum number of acres that must be either owned or farmed to qualify. To receive protection the farm building or farm structure must be either occupied (by people or livestock) or used in some, even small, degree for storage of farm related tools, equipment or livestock. Excluded would be structures and out-buildings on acreage or lands that are not a "farm" even if they are temporarily occupied.

3. School building, school playground - a school building is any building owned by a school district. (A maintenance building or bus garage owned by a school district is not a "school building" but would be a "factory" as discussed below.) A school playground is interpreted to mean any area that is maintained by the school including mowed lawns and fields, athletic fields, playgrounds, and/or other areas where students engage in school sponsored activities. Excluded are school parking lots.

4. Factory or church - A factory is interpreted to mean any building or structure used for commercial purposes. The discharge of a firearm or longbow within 500 feet of a factory or church is prohibited only when such building is occupied at the time of discharge.



Gordon R. Batcheller
Chief Wildlife Biologist
N.Y.S. Department of Environmental Conservation
Division of Fish, Wildlife & Marine Resources
625 Broadway
Albany, NY 12233-4754
Voice 518-402-8885
FAX 518-402-8925
grbatche@gw.dec.state.ny.us
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#2 grifhunter

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Posted November 07 2012 - 04:22 PM

Thankyou PB, I have always been confused by this provision, and have just gained about 120 yards of huntable ground on a farm I use.

#3 Punisher1336

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Posted November 07 2012 - 05:12 PM

Can't you discharge a firearm near a dwelling with permission from the property owner?

#4 PaPaBear

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Posted November 08 2012 - 11:54 AM

no you can not you must own the land other wise you will be finded
papabear





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