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legality of shooting pellet / bb guns in Suff/Nass

82K views 102 replies 71 participants last post by  double d  
#1 ·
Friend on mine asked if it legal to shoot pellet / bb guns in his backyard, I have no idea. Any of you guys know....

Think he wanted to shoot at something like this ...

Image
 
#3 ·
I know as a kid, I used to shoot my bb gun all the time in my backyard. I never even thought I may have doing something illegal.

When I was in high school, I took metal shop. One of the projects was a bb/pellet trap. It looked similar to your pic. I wonder if they still let students build those now?
 
#4 ·
It is my understanding that air guns (pellet / bb guns) are legal to own and shoot for Suffolk residents. I know they are legally sold in both Nassau and Suffolk, and may be purchased "over the counter" (meaning, no license or background check is required).
I own a number of these and shoot them frequently with my sons in our backyard. I expect as with any type of gun, the big concern is the background and periphery to the shooting area to ensure the safe handling / operation. However, as I am not in the LE field, I defer to anyone with greater knowledge. I could also suggest that your friend check out Cobra Outdoor Sports in Ronkonkoma, as they are a great resource for Air Guns and related information (http://www.airgunsbbguns.com ).
 
#5 ·
Lots of guys shoot AP in their backyards---your neighbors if they become wise may think you a murderer or something other than human. Just watch your backstop and don't flaunt it---it's not agin' the law. "Doc"
 
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#6 ·
When I was very young and before the basement was finished my dad and I would shoot my pellet gun down there. We built a box that absorbs the pellets (giant cardboard box stuffed with newspapers and old phone books)..Pellets only, BBs bounce back at you! lol  8)
 
#7 ·
FrankL631 said:
It is my understanding that air guns (pellet / bb guns) are legal to own and shoot for Suffolk residents. I know they are legally sold in both Nassau and Suffolk, and may be purchased "over the counter" (meaning, no license or background check is required).
I own a number of these and shoot them frequently with my sons in our backyard. I expect as with any type of gun, the big concern is the background and periphery to the shooting area to ensure the safe handling / operation. However, as I am not in the LE field, I defer to anyone with greater knowledge. I could also suggest that your friend check out Cobra Outdoor Sports in Ronkonkoma, as they are a great resource for Air Guns and related information (http://www.airgunsbbguns.com ).
You're right on the money. Totally legal.
Gary
 
G
#8 ·
I used a old OLD feather pillow, In a box and it stopped all the bb's.

Make sure you have a really nice back stop, I would do something like 3/4 inch plywood... Unless your shooting some hi-power new stuff then maybe thicker. I shot a pump bb gun for a long time and never went through the back stop.
 
#10 ·
You are NOT allowed to shot any gun in your back yard a BB and pellet gun are coincided firearms and can not be shot legally in your yard if police get called you could be arrested also shooting A bow and arrows in your yard is illegal also  SLINGSHOT FALL'S INTO THIS TOO you can go to a range and shoot excepted for the slingshot they are not allowed to be shot on the island Yes i know they sell them but you are not allowed to shot them you can ask at the range they may let you
 
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#97 ·
You are NOT allowed to shot any gun in your back yard a BB and pellet gun are coincided firearms and can not be shot legally in your yard if police get called you could be arrested also shooting A bow and arrows in your yard is illegal also SLINGSHOT FALL'S INTO THIS TOO you can go to a range and shoot excepted for the slingshot they are not allowed to be shot on the island Yes i know they sell them but you are not allowed to shot them you can ask at the range they may let you
Complete BS.
 
#12 ·
I was just speaking with someone last week about firearm discharge laws. I believe that at the State level, it is illegal to discharge a firearm within 500ft of a residence. Nothing else in state law about this.

The person I spoke with insisted that both Nassau and Suffolk have their own restrictions prohibiting discharge. I was determined to find out the truth. In searching, I came across a great resource for local law/codes:

http://www.generalcode.com/Webcode2.html

From here, I found some interesting information that pertains to both gunpowder firearms as well as the BB/pellet guns in this thread.

Neither Nassau of Suffolk have any laws regarding discharge of a firearm. However, most TOWNS do.

As it relates to this discussion, it appears that in the Town of Babylon for example, discharge of a gun - gunpowder, BB or otherwise - outside of a licensed range is illegal.

Section 121.1
FIREARM
A weapon which acts by the force of gunpowder or from which a shot is discharged by the force of an explosion, as well as an air rifle, air gun or BB gun.

PROHIBITED ZONE
Constitutes all the unincorporated water and land areas of the Town of Babylon lying north of the east-west channel of Great South Bay.[Amended 11-15-1983]

121.2 exceptions
B.
Rifle ranges or similar installations constructed in accordance with the provisions of the Code of the Town of Babylon and fully contained within a structure or structures are excepted from the prohibitions contained in this chapter.

121.3
Discharge of firearms restricted.
No person shall discharge any firearm within the prohibited zone of the Town of Babylon.

Unless I am reading this wrong, the only place you can shoot a BB gun in the ToB is a rifle range built to code. Of course, other towns have their own laws/codes so it may be legal where you live. From the few I looked up, Babylon seems the most restrictive (doesn't get any worse than "absolutely not"). Other towns seem to have restrictions based primarily on noise. For example, Islip states "The use or firing of explosives, firearms or similar devices so as to create a noise disturbance." So firing a gun isn't the problem, but if it creates a "noise disturbance" you are in violation. BB/pellet guns would seem to be fine with this rule.

Then you get to town level rules. Look at Oyster Bay Cove where it is prohibited to: "Carry, point, aim, discharge or otherwise use any firearm or weapon in the open air within the corporate limits of the Village;". They define "weapon" as "A bow and arrow, crossbow, blow gun, sling shot, CO2 gun, air gun, BB gun, or any other device which emits a projectile with a force other than an explosion." So there, it is illegal to simply carry a BB gun. They probably lock you up and throw away the key for shooting one! :)

I cannot believe that people actually have the time to sit around and dream up these ridiculous restrictions.

added: PapaBear.. the Oyster Bay Cove rule is one of the few references I can find to sling shots. Can you point me to a source for your statement regarding them? Not trying to be argumentative, I am just looking for resources so I have a reference on the topic. From what I have read in the codes, it would seem sling shots are legal to own/operate in most areas.
 
#13 ·
;". They define "weapon" as "A bow and arrow, crossbow, blow gun, sling shot, CO2 gun, air gun, BB gun, or any other device which emits a projectile with a force other than an explosion."
Based on that description ALL NERF products are ILLEGAL if used outside. LOL
What about Airsoft?

Even worse in NJ.
You need a NJ Federal ID (pistol license) to posses a BBgun.
There is a mandatory 3 year sentence if caught with a BB gun without proper license.
There have been cases regarding this too..
Stupid Jersey..
 
#14 ·
Many years ago, my brother was brought home in the back of a squad car. He and his friends were in the local woods with bb guns. My brother was like 13 or so. The cop brought him to the door with his pellet gun (we had a daisy .22 cal air rifle) telling him "wait till I speak to your parents". My brother was pretty scared after my father said "Thank you Officer, I'll take care of this" then SLAMMED the front door with all of might. My father then turns to my brother and says something like "next time don't get caught" and continued on doing what he was doing. LOL. Times have changed.
 
#15 ·
PaPaBear said:
You are NOT allowed to shot any gun in your back yard a BB and pellet gun are coincided firearms and can not be shot legally in your yard if police get called you could be arrested also shooting A bow and arrows in your yard is illegal also SLINGSHOT FALL'S INTO THIS TOO you can go to a range and shoot excepted for the slingshot they are not allowed to be shot on the island Yes i know they sell them but you are not allowed to shot them you can ask at the range they may let you
I know I've been told it's illegal in NASSAU to shoot anything - including golf clubs!.... But not illegal in suffolk.
 
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#16 ·
O1SalsaX said:
Even worse in NJ.
You need a NJ Federal ID (pistol license) to posses a BBgun.
There is a mandatory 3 year sentence if caught with a BB gun without proper license.
There have been cases regarding this too..
Stupid Jersey..
Seems they have to do a re-make of "A Christmas Story."

Kid: I want a Red Ryder BB gun for Christmas!
Mom: Oh No! You'll do a short stretch in Leavenworth, kid, and there they will poke more than just your eye out!

The world is becoming a strange place.
 
#17 ·
Folks:
Here's the definition of "firearm," from 265.00.3 of the NYS Penal Code. The 500 foot prohibition also has an exception: if the discharge is with the owner's permission.
BB guns and pellet pistols are not considered firearms, in NYS, although I can, certainly, understand the source of the confusion. Now, since the NYS Penal Code is preemptive, counties, towns, etc., cannot redefine any of the terms or "re-regulate" any of the provisions. Some states, such as IL, do define BB guns and pellet guns, as firearms, requiring a firearms license, to possess.
Gary

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.
 
#18 ·
PaPaBear said:
You are NOT allowed to shot any gun in your back yard a BB and pellet gun are coincided firearms and can not be shot legally in your yard if police get called you could be arrested also shooting A bow and arrows in your yard is illegal also SLINGSHOT FALL'S INTO THIS TOO you can go to a range and shoot excepted for the slingshot they are not allowed to be shot on the island Yes i know they sell them but you are not allowed to shot them you can ask at the range they may let you
a singshot is a Class A Misdemeanor; NYS Penal Law 265.01
 
#19 ·
No shooting BB guns or carrying a knife with a blade length of more then 3" in Suffolk County parks...

Law of Suffolk County - Section 378-4 Prohibited Acts...

"Carry a knife upon his person having a blade three inches or longer in length or bring in or discharge any fireworks, gun, rifle, shotgun, air gun, BB gun, bow and arrows or firearms, except in the case of police officers, the Sheriff, Deputy Sheriffs, park rangers, authorized park personnel or a person given express authorization."
 
#20 ·
I just remembered why I stopped going to the park. They are no damn fun anymore :warrior
 
#21 ·
2edgesword said:
No shooting BB guns or carrying a knife with a blade length of more then 3" in Suffolk County parks...

Law of Suffolk County - Section 378-4 Prohibited Acts...

"Carry a knife upon his person having a blade three inches or longer in length or bring in or discharge any fireworks, gun, rifle, shotgun, air gun, BB gun, bow and arrows or firearms, except in the case of police officers, the Sheriff, Deputy Sheriffs, park rangers, authorized park personnel or a person given express authorization."
Well that clears that next question up. %80 of my knives are illegal to carry in Parks. Time to start packing the ole trusty Buck....
 
#22 ·
An airgun, whether a Pistol or Rifle is NOT a "FIREARM", in the outer fringe counties of Long Island. We are fortunately not living in Bloomberg City, New York.:damn "Doc"
 
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#23 ·
Gary_Hungerford said:
Folks:
Here's the definition of "firearm," from 265.00.3 of the NYS Penal Code. The 500 foot prohibition also has an exception: if the discharge is with the owner's permission.
BB guns and pellet pistols are not considered firearms, in NYS, although I can, certainly, understand the source of the confusion. Now, since the NYS Penal Code is preemptive, counties, towns, etc., cannot redefine any of the terms or "re-regulate" any of the provisions. Some states, such as IL, do define BB guns and pellet guns, as firearms, requiring a firearms license, to possess.
Gary
Gary,

Thanks for the clarification. This is the part that drives me crazy. NYS law is preemptive. However, based on the town code sections I previously quoted, townships are quite obviously redefining and regulating things.

While it may be wrong, how many of us have the time and money to fight these things? If the town chooses to enforce their definitions and prohibitions, the several hundred dollar to several thousand dollar fine is nothing in comparison to the long and expensive legal battle necessary to correct the situation.

How do these municipalities get away with writing illegal codes and laws? (How does congress get away with writing unconstitutional laws)? Short of getting arrested/penalized and fighting it in court (where you may still lose), what can us regular folk do to get these illegal rules off the books?
 
#24 ·
#36 ·
If I am reading this correctly, bb guns and pellet guns are illegal to discharge in Smithtown unless you are 500 feet from a dwelling and you get clearance from your neighbors.

FIREARM
Includes a weapon which acts by the force of gunpowder or from which a shot is discharged by the force of an explosion, as well as an air rifle, an air gun, a BB gun, a slingshot and a bow and arrow.[Amended 1-9-1990]
TOWN
Includes all areas within the Town of Smithtown, exclusive of areas wholly within any incorporated village.
§ 160-3. Purpose.
The purpose of this chapter is to prohibit any person from discharging a firearm in those areas of the Town of Smithtown in which such activity may be hazardous to the general public or nearby residents.

This is from Ch 160. Notice slingshots and bows are included.

All the best,
Dennis
 
#25 ·
A while back I checked with the town of heampstead to see if there was any law against the discharge of a bb or pellit gun in the back yard. both nassau county pd and town of heampstead has no code of violation against it. but i am responsible for any damage caused by the miss use of the bb gun.

now for the rant if it does not have a suprresor or a barrel shroud it would be ok since it has a bayonet
 
#26 ·
I've been shooting air rifles in my yard forever without any trouble. I looked it up in the town code and came up with nothing, not even anything pertaining to firearms and noise in Riverhead, though I did stumble across a new law added in Sept 08 that prohibits the sale of rifles or shotguns at yardsales in Riverhead, wth?