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Discussion Starter · #1 ·
Does NYS consider an airgun using .17 or larger, capable of over 600 fps, a firearm? Can a ex-felon legally own an airgun?
 

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Lousy Shot
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No.

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=53916491+&TARGET=VIEW
 

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Discussion Starter · #3 ·
Well. NYS and federal law prohibits felons from owning or using firearms. According to the definition above an airgun is not a firearm. My friend has a felony and would like to come hunting. DEC allows small game hunting with an air rifle, however, DEC considers (http://www.dec.ny.gov/regs/3934.html#13355), "FOR THE PURPOSES OF FISH AND WILDLIFE LAW" an airgun using .17 or larger, capable of 600 fps or more, a firearm. It seems that DEC and NYS don't agree. Which would be the relevant law determining whether or not an airgun is indeed a firearm and whether or not a felon can possess an airgun. I would think it's NYS law, since DEC only covers environmental law and DEC specifies that "For the purposes of the Fish and Wildlife Law, an implement meeting the above specifications shall be considered a firearm or gun, and may be used to take protected wildlife whenever such protected wildlife may legally be taken with a rimfire rifle." which seems to imply that they only consider it a firearm in order to allow it to be used for hunting since you must use a firearm to hunt small game. Ugh, lawyers suck.
 

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Anti-Statist
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Yonkers requires a pistol permit to own/purchase an airgun pistol, iirc.
 

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his best bett is to call D.E.C. and ask them
. But i belive an air gun is a firearm and he can not own one
papabear
 

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AKDave said:
Well. NYS and federal law prohibits felons from owning or using firearms. According to the definition above an airgun is not a firearm. My friend has a felony and would like to come hunting. DEC allows small game hunting with an air rifle, however, DEC considers (http://www.dec.ny.gov/regs/3934.html#13355), "FOR THE PURPOSES OF FISH AND WILDLIFE LAW" an airgun using .17 or larger, capable of 600 fps or more, a firearm. It seems that DEC and NYS don't agree. Which would be the relevant law determining whether or not an airgun is indeed a firearm and whether or not a felon can possess an airgun. I would think it's NYS law, since DEC only covers environmental law and DEC specifies that "For the purposes of the Fish and Wildlife Law, an implement meeting the above specifications shall be considered a firearm or gun, and may be used to take protected wildlife whenever such protected wildlife may legally be taken with a rimfire rifle." which seems to imply that they only consider it a firearm in order to allow it to be used for hunting since you must use a firearm to hunt small game. Ugh, lawyers suck.
I will overlook your comment that "laywers suck" and assume you were kidding.

The answer to your question is that your felon friend can use an airgun. The reason is that the prohibition on felons possessing what you are referring to as "firearms" is found in Section 265.01(4) of the Penal Law - the actual prohibition is that a felon may not possess a "rifle" or "shotgun." (In fact, purusant to Penal Law Section 265.01(1) no one may possess a "firearm" as that term is defined in Section 265.00 unless a specific exception applies). The words and phrases utilized in Section 265 of the Penal Law are as defined in Section 265.00 of the Penal law -- and under those definitions an airgun is not included in the definition of a "rifle" or "shotgun."
 

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I believe felons and muzzleloader long guns and of course bows are good 2 go. My local shop sells plsnty of MLs to folks that hunt just for that reason.
 

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wreckhog said:
I believe felons and muzzleloader long guns and of course bows are good 2 go. My local shop sells plsnty of MLs to folks that hunt just for that reason.
Felons may only possess muzzleloader's in NY until January 30, 2012. Law has been ammended effective that date to prohibit the same.
 

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LlGuy631 said:
Felons may only possess muzzleloader's in NY until January 30, 2012. Law has been ammended effective that date to prohibit the same.
I had no idea they were allowed to own them up until this point.
 

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Does NYS consider an airgun using .17 or larger, capable of over 600 fps, a firearm? Can a ex-felon legally own an airgun?
Yes, a felon is allowed to possess, target practice and or hunt with an airgun. The only restrictions is New York City. New York City has strict laws regarding airguns.
 

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Yes, a felon is allowed to possess, target practice and or hunt with an airgun. The only restrictions is New York City. New York City has strict laws regarding airguns.
Oh to be that simple.

First off, with regards to the state only (not DEC), rifles and shotguns are not actually even firearms.

Second, with regards to the discharge of a projectile, some municipalities within the actually state consider airsoft, bows and arrows and blowguns to be firearms.

New York City does have its own strict laws (that prohibit possession of air guns), but many localities have their own issues, most of Long Island included. Possession is ok here, but target practice outside of a range is not for example.
 
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