[hydtguy]

So I guess the simple truth is if the powers that be want to arrest you......all they need is enough time to look you and your property over and the local, state and fed laws. Sooner or later unknowingly, you broke some law.

(try to cut a tree down on your property)

 

[deathsythe]

Last I checked with TOH codes, there was nothing illegal about shooting a bb/pellet gun in/on your propperty.

When I was younger I used to plink cans with my echo and marui M4 in the backyard. I set them up on a piece of wood and used my recycling bin as a backstop.

This was all pre-columbine, pre-safe, etc...

 

[Xavien]

Hello forum this is my first post on here and I have been reading alot of posts for a long time. I wanted to shed some light on the subject of airguns as its become recently very important to me.

I am in the process of going for my pistol license and as I understand here in Suffolk its a long and drawn out process. The BS of that is a whole other post! So in the meantime this has attracted me to airguns, specifically pistols. I will use this time (while my permit app is in process) to practice and learn my proficicies with pistols in general. I placed my first order for a few pistols and of course I was ready to go to my backyard, line up some cans and get to it when it dawned on me about the legalities of this exact task.

As I am sure most have done before me, I jumped onto google and began to conduct my research on this topic and hit alot of these LI Firearms posts. There is alot of ambeguity on this subject and I can assume its to keep us folks in the dark and hold back our rights to do anything with anything that looks or acts like a gun. I agree with most that an airgun is not a firearm, they are mechanically and technologically completly different and should not be considered (or legally enforced) as the same. Some town ordinces try and group firearms and airguns together and legally procescute as such and thats of course not right.

I wanted to bring something to everyone's attention and see if any attorney's on here can validate my findings. But this subject from what I understand is really not a county or state issue, but is a federally controlled issue. And from what I have read its it NOT LEGAL to ban possesion or usage of an airgun anywhere in the US. If you google United States Code, Title 15, Section 5001, its pretty clear that the state cannot prohibit or regulate airguns (except to minors) as long as certain requirements are met. So techically, according to what I see, you can shoot in your backyard in Babylon and the town techincally cannot arrest you for illegal gun possesion (which is a felony) they might drum up something else to bother you with but a gun charge felony should not stick according to what I am reading under federal law.

Can papabear read to above code and tell me if my assesment is flawed??? I would also love to hear from some attorney's on the matter so that we can all possess, carry, and shoot out airguns in peace!!!

 

[Strat688]

I believe it's illegal

 

[the blur]

Let's put the bickering aside. I want to hear some case law, and legal arguments.

 

[Nordon]

I used to shoot bbs and blowguns at boxes stuffed with newspapers in my backyard. It was fun and safe. My backyard faces the cemetary. Backyard fun is ok as long you dont harm or shoot songbirds.

A Starling or two would not be frowned upon, it is an invasive species. Just saying.

 

[Nordon]

Hello forum this is my first post on here and I have been reading alot of posts for a long time. I wanted to shed some light on the subject of airguns as its become recently very important to me.

I am in the process of going for my pistol license and as I understand here in Suffolk its a long and drawn out process. The BS of that is a whole other post! So in the meantime this has attracted me to airguns, specifically pistols. I will use this time (while my permit app is in process) to practice and learn my proficicies with pistols in general. I placed my first order for a few pistols and of course I was ready to go to my backyard, line up some cans and get to it when it dawned on me about the legalities of this exact task.

As I am sure most have done before me, I jumped onto google and began to conduct my research on this topic and hit alot of these LI Firearms posts. There is alot of ambeguity on this subject and I can assume its to keep us folks in the dark and hold back our rights to do anything with anything that looks or acts like a gun. I agree with most that an airgun is not a firearm, they are mechanically and technologically completly different and should not be considered (or legally enforced) as the same. Some town ordinces try and group firearms and airguns together and legally procescute as such and thats of course not right.

I wanted to bring something to everyone's attention and see if any attorney's on here can validate my findings. But this subject from what I understand is really not a county or state issue, but is a federally controlled issue. And from what I have read its it NOT LEGAL to ban possesion or usage of an airgun anywhere in the US. If you google United States Code, Title 15, Section 5001, its pretty clear that the state cannot prohibit or regulate airguns (except to minors) as long as certain requirements are met. So techically, according to what I see, you can shoot in your backyard in Babylon and the town techincally cannot arrest you for illegal gun possesion (which is a felony) they might drum up something else to bother you with but a gun charge felony should not stick according to what I am reading under federal law.

Can papabear read to above code and tell me if my assesment is flawed??? I would also love to hear from some attorney's on the matter so that we can all possess, carry, and shoot out airguns in peace!!!

Not sure if this is correct, Airguns are totally Illegal in NYC, as are slingshots and Airsoft guns.

 

[MasonEtAl]

Hello forum this is my first post on here and I have been reading alot of posts for a long time. I wanted to shed some light on the subject of airguns as its become recently very important to me.

I am in the process of going for my pistol license and as I understand here in Suffolk its a long and drawn out process. The BS of that is a whole other post! So in the meantime this has attracted me to airguns, specifically pistols. I will use this time (while my permit app is in process) to practice and learn my proficicies with pistols in general. I placed my first order for a few pistols and of course I was ready to go to my backyard, line up some cans and get to it when it dawned on me about the legalities of this exact task.

As I am sure most have done before me, I jumped onto google and began to conduct my research on this topic and hit alot of these LI Firearms posts. There is alot of ambeguity on this subject and I can assume its to keep us folks in the dark and hold back our rights to do anything with anything that looks or acts like a gun. I agree with most that an airgun is not a firearm, they are mechanically and technologically completly different and should not be considered (or legally enforced) as the same. Some town ordinces try and group firearms and airguns together and legally procescute as such and thats of course not right.

I wanted to bring something to everyone's attention and see if any attorney's on here can validate my findings. But this subject from what I understand is really not a county or state issue, but is a federally controlled issue. And from what I have read its it NOT LEGAL to ban possesion or usage of an airgun anywhere in the US. If you google United States Code, Title 15, Section 5001, its pretty clear that the state cannot prohibit or regulate airguns (except to minors) as long as certain requirements are met. So techically, according to what I see, you can shoot in your backyard in Babylon and the town techincally cannot arrest you for illegal gun possesion (which is a felony) they might drum up something else to bother you with but a gun charge felony should not stick according to what I am reading under federal law.

Can papabear read to above code and tell me if my assesment is flawed??? I would also love to hear from some attorney's on the matter so that we can all possess, carry, and shoot out airguns in peace!!!

Title 15 pertains to regulation of commerce and trade. I fail to realize the connection you have put forth with respect to possession, discharge, and use.

(a) Acts prohibited

It shall be unlawful for any person to manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm unless such firearm contains, or has affixed to it, a marking approved by the Secretary of Commerce, as provided in subsection (

of this section.

For the remainder or 15 USC 5001
http://www.law.cornell.edu/uscode/text/15/5001

 

[rubbermittens]

Make sure you check your town code as well

 

[Xavien]

Title 15 pertains to regulation of commerce and trade. I fail to realize the connection you have put forth with respect to possession, discharge, and use.

(a) Acts prohibited

It shall be unlawful for any person to manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm unless such firearm contains, or has affixed to it, a marking approved by the Secretary of Commerce, as provided in subsection (

of this section.

For the remainder or 15 USC 5001
http://www.law.corne...de/text/15/5001

MasonEtAl, again this is taken out of context. Look further down in the law it specifically states:

(c) "Look-alike firearm" defined
For purposes of this section, the term "look-alike firearm" means any imitation of any original firearm which was manufactured, designed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

additionally in regards to the state legality of this provision and when its active:

(f) Effective date
This section shall become effective on the date 6 months after November 5, 1988, and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after November 5, 1988.

(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall-
(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

Again its well known about bloomberg and the crack down of the ban on "imatation" guns and BB's and things like that. I'm I reading this correctly or doesnt this federal law trump the states law?

 

[Xavien]

Make sure you check your town code as well

Town code would not matter if the federal law prevails over it. Its illegal for a state to do something that the fed say you cannot do...

 

[Uvbnaxed]

You'll take your eye out kid!

 

[boosti]

Most towns and villages prohibit the discharge of firearms along with BB guns and arrows. The DEC states 500 feet from a residence. If it's private property and the neighbors allow you to shoot it's allowed. Check the local laws. Most places on the island have restrictions placed.

 

[MasonEtAl]

MasonEtAl, again this is taken out of context. Look further down in the law it specifically states:

© "Look-alike firearm" defined
For purposes of this section, the term "look-alike firearm" means any imitation of any original firearm which was manufactured, designed, and produced since 1898, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. Such term does not include any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or traditional B-B, paint-ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

additionally in regards to the state legality of this provision and when its active:

(f) Effective date
This section shall become effective on the date 6 months after November 5, 1988, and shall apply to toy, look-alike, and imitation firearms manufactured or entered into commerce after November 5, 1988.

(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provision of State or local laws or ordinances which provide for markings or identification inconsistent with provisions of this section provided that no State shall-
(i) prohibit the sale or manufacture of any look-alike, nonfiring, collector replica of an antique firearm developed prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure.

Again its well known about bloomberg and the crack down of the ban on "imatation" guns and BB's and things like that. I'm I reading this correctly or doesnt this federal law trump the states law?

Subsections a-g each apply to 15 USC 5001 Penalties for entering into commerce of imitation firearms. Title 15 pertains to regulation of commerce and trade. I still fail to realize the connection to possession, discharge, and use. I don't believe we are discussion regulation of commerce and trade at the local level whereupon federal preemption might be considered in relation to 15 USC 5001. 15 USC addresses a different aspect of the law. You are looking in the wrong place for the answer.

 

[rubbermittens]

Town code would not matter if the federal law prevails over it. Its illegal for a state to do something that the fed say you cannot do...

What? Which federal law covers shooting a bb gun in your back yard? I dont know of any states that have any laws that are looser than federal laws. They can only be more restrictive that is why the Unsafe act even came about, for example the federal govt can say it is unlawful to discharge an air rifle on any roadway then nystate can say unlawful to discharge within 500 ft of a dwelling or roadway then nassau county can say no air rifles or bb guns at all whereas suffoulk county can adopt the states ruling on it but the town of brookhaven can make it illegal to discharge them within the town..... This is why i say check your town code

 

[Huntington Guy]

Join Freeport R&R, not only can you shoot air guns there but they have a team....problem solved, see you at Freeport.

 

[deathsythe]

I dont know of any states that have any laws that are looser than federal laws. They can only be more restrictive

tell that to the states have legalized marijuana laws on the books. or states that have nullified the NFA for firearms manufactured in state.

 

[mikeee]

just throwing this out there to but everyone always talks about being 500 feet from a house etc, That law is only while hunting. Target shooting is totally different. My friend was arrested upstate for this and ended up suing NYS for false arrest and won after the case was dismissed.

 

[nedbal]

just throwing this out there to but everyone always talks about being 500 feet from a house etc, That law is only while hunting. Target shooting is totally different. My friend was arrested upstate for this and ended up suing NYS for false arrest and won after the case was dismissed.

when he won, what exactly did he win?

 

[ChiefSailer]

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 ...

I used to have one of those back in the day. We used to shoot BB guns in our basement.