Brief Overview Of New York State Laws Concerning Air Guns

New York law prohibits any person under the age of sixteen from possessing any air gun, spring gun or other instrument or weapon in which the propelling force is a spring or air.

New York has no other laws governing non-powder guns.

New York State Laws Concerning Air Guns

N.Y. PEN. LAW § 265.05 : NY Code – Section 265.05: Unlawful possession of weapons by persons under sixteen – It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section. A person who violates the provisions of this section shall be adjudged a juvenile delinquent. –

*The exception to this is New York City, as all types of guns including BB guns are illegal in New York City and surrounding boroughs.

How old do you need to be to purchase a BB gun, airgun, air rifle or pellet gun in New York?

In New York you must be 16 Years Old to purchase a BB gun, airgun, air rifle or pellet gun. This excludes New York City were airguns are prohibited.

New York Air Gun Hunting Regulations

New York allows air gun hunting for certain species. These species include:
• Chipmunk
• Coyote
• Fox
• Furbearers
• Grouse
• Pheasant
• Rabbit
• Raccoon
• Ruffed Grouse
• Squirrel

Air Gun Laws In Local Jurisdictions

Below are the additional laws and regulations pertaining to local jurisdictions in the state of New York.

BELLPORT, NEW YORK – AIR GUN LAWS

New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air. New York has no other law governing non-powder guns.

N.Y. Penal Law § 265.05

BIG FLATS, NEW YORK – AIR GUN LAWS

N.Y. Penal Law § 265.05

BUFFALO, NEW YORK – AIR GUN LAWS

No person shall possess a loaded or unloaded firearm, rifle, shotgun or air gun, or a dagger, dangerous knife, dirk, razor or stiletto, in a public place or public facility in the City. This prohibition shall not apply to:

(1) A police officer or peace officer authorized to possess the same.
(2) A government employee or licensed security guard authorized or required by employment or office to possess the same while acting within the scope of such employment.
(3) A person in the military service of the State of New York or the United States when duly authorized to possess the same.
(4) A person transporting a rifle or shotgun in a motor vehicle in the City in accordance with the provisions of § 11-0931, Subdivision 2, of the New York State Environmental Conservation Law, or otherwise transporting an unloaded rifle, shotgun or air gun in the City, provided that the same is completely enclosed or contained in a nontransparent carrying case and either:
(a) Said carrying case is locked; or
(b) A locking device is attached to the weapon and locked in a manner so as to prevent the weapon from being fired.
(5) An authorized person who, for the purpose of shooting practice, possesses a weapon at an established target range in a public place other than a park or public facility.
(6) A person voluntarily surrendering the same in accordance with the provisions of Section 265.20 of the Penal law.
(7) Possession of a firearm by a person licensed to carry a firearm pursuant to § 400.00 of the Penal Law or possession or transportation by a gunsmith or dealer in firearms in accordance with a license issued by the State of New York or the United States, except that this subsection shall not apply in a park or a public facility other than a parking garage.

No person shall store a firearm, rifle, shotgun or air gun in a dwelling in the City unless said firearm, rifle, shotgun or air gun is completely enclosed or contained in a nontransparent locked carrying case or in a locked gun rack, cabinet, closet or safe, or a locking device is attached to the weapon and locked in a manner so as to prevent the weapon from being fired. This requirement shall not apply to a rifle, shotgun or licensed firearm carried on the body of the owner or within such close proximity of the owner that the owner can retrieve it as quickly and easily as if it were carried on the owner’s body.

No person shall dispose of any firearm, rifle, shotgun, air gun or ammunition in the City. This prohibition shall not apply to:
(1) A gunsmith or dealer in firearms duly licensed by the State of New York or the United States.
(2) A person disposing of the same to a gunsmith or dealer in firearms duly licensed by the State of New York or the United States.
(3) A person voluntarily surrendering the same in accordance with the provisions of § 265.20 of the Penal Law.
(4) A person disposing of a licensed firearm in accordance with law.
(5) Disposition by intestate or testamentary bequest.
(6) A person disposing of a rifle, shotgun, air gun or ammunition to a family member.

No person shall possess an assault weapon or an ammunition-feeding device in the City. This prohibition shall not apply to:
(1) A police officer or peace officer authorized to possess the same.
(2) A person in the military service of the State of New York or the United States when duly authorized to possess the same.
(3) A person voluntarily surrendering the same in accordance with the provisions of § 265.20 of the Penal law.
(4) A gunsmith or dealer in firearms duly licensed by the State of New York or the United States for weapons to be used by police officers or persons in the military service or for delivery outside of the City.

No person shall dispose of an assault weapon or ammunition-feeding device in the City. This prohibition shall not apply to:
(1) A person voluntarily surrendering the same in accordance with the provisions of § 265.20 of the Penal Law.
(2) A gunsmith or dealer in firearms duly licensed by the State of New York or the United States for weapons to be used by police offices or persons in the military service or for delivery outside of the City.

No person shall carry a firearm, shotgun, rifle or air gun in the City while such person has 1/10 of 1% or more by weight of alcohol in the person’s blood as shown by chemical analysis of the person’s blood, breath, urine or saliva.

No person shall carry a firearm, shotgun, rifle or air gun in the City while in an intoxicated condition.

No person shall carry a firearm, shotgun, rifle or air gun in the City while the person’s ability to safely carry such weapon is impaired by the use of a drug.

Any person who carries a firearm, shotgun, rifle or air gun in the City shall be deemed to have given consent to a breath test and a chemical test of the person’s breath, blood, urine or saliva for the purpose of determining the alcoholic or drug content of the person’s blood, provided that any test is administered at the direction of a police officer having reasonable grounds therefor. A chemical test must be administered within two hours after such person has been placed under arrest for a violation of this section or any other law or ordinance involving the use or possession of a firearm, rifle, shotgun or air gun, or within two hours after a breath test indicates that alcohol has been consumed by such person. Upon the trial of any action arising out of an arrest for a violation of Subsection H, I or J of this section, the court shall admit evidence of the amount of alcohol or drugs in the blood of the person carrying the firearm, shotgun, rifle or air gun as shown by a test administered pursuant to this section. Evidence of a refusal to submit to a chemical test shall be admissible in any trial, proceeding or hearing based upon a violation of such subsections, but only upon a showing that the person was given sufficient warning, in clear and unequivocal language, of the effect of such refusal and the person persisted in such refusal.

Discharge of weapons; permits.
(1) No person shall discharge an air gun, shotgun, rifle, assault weapon, machine gun, submachine gun or a firearm of any kind or description in the City, except police officers, peace officers, members of the military and persons holding permits as in this subsection provided.
(2) The Commissioner of Police is hereby authorized to grant permits for the discharge of shotguns at clay pigeons at any particular location or for the discharge of weapons at target ranges subject to such restrictions and conditions as the Commissioner may deem necessary. Any person holding such a permit shall obey all the restrictions and conditions contained herein.

Penalties for offenses. A violation of any provision of this section shall be punishable by a fine not to exceed $1,500 or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.

The provisions of this section are severable, and if any of its provisions shall be held unconstitutional or invalid, the decision of the court shall not affect or impair any of the remaining provisions of the same. It is hereby declared to be the intention of the Council that this section would have been adopted had such unconstitutional or invalid provision not been included herein. If any term or provision of this section shall be declared unconstitutional, invalid or ineffective in whole, or in part, by a court of competent jurisdiction, then to the extent that it is not unconstitutional, invalid or ineffective, such term or provision shall be in force and effect, nor shall such determination be deemed to invalidate the remaining terms or provisions thereof.

ELMIRA, NEW YORK – AIR GUN LAWS

New York law prohibits any person under the age of sixteen from possessing any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air.1 New York has no other law governing non-powder guns.

N.Y. Penal Law § 265.05

GOSHEN, NEW YORK – AIR GUN LAWS

N.Y. Penal Law § 265.05

KENMORE, NEW YORK – AIR GUN LAWS

N.Y. Penal Law § 265.05

LEWISTON, NEW YORK – AIR GUN LAWS

N.Y. Penal Law § 265.05

LONG BEACH, NEW YORK – AIR GUN LAWS

ARTICLE VI. RULES AND REGULATIONS FOR PARK AND RECREATIONAL AREAS – Long Beach, New York – Code of Ordinances

Sec. 18-91. – Firearms, weapons, tools.

It shall be unlawful for any person to bring into or have in his possession in any park or recreation area:

(1) Any pistol or revolver or objects upon which loaded or blank cartridges may be used. Official starters, at authorized track and field events, are excepted from this restriction.

(2) Any burglar tools.

(3) Any rifle, shotgun, BB gun, air gun, spring gun, slingshot, bow, or other weapon in which the propelling force is gunpowder, a spring or air.

(Ord. No. 1740/91, § 1, 1-15-91)

New York City, NEW YORK – AIR GUN LAWS

New York City Air-Gun Ordinances defined;

New York City prohibits the sale or possession of any air pistol or air rifle (defined as any instrument in which the propelling force is air or a spring) without an appropriate license. Persons who are licensed by the city to sell air pistols and rifles may do so only if they deliver the weapons to a location outside the city. Within the city, air pistol and rifle licensees may sell air pistols and rifles to each other. In addition, the use of air pistols and rifles in connection with “an amusement licensed by the department of consumer affairs” or at a shooting range is permitted. Air pistol or rifle dealers must keep records detailing the name and address of each purchaser and the place of delivery for each sale.

Ref: State Laws within New York City:

N.Y. Penal Law § 265.05

39. New York, N.Y., Admin. Code § 10-131 (b).

New York City Administrative Code – Title 10 Public Safety

g. 1. It shall be unlawful for any person to sell or offer for sell, possess or use or attempt to use or give away, any toy or imitation firearm which substantially duplicates or can reasonably be perceived to be an actual firearm unless:

(a) the entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or

(b) such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm’s complete contents; and

(c) the barrel of such toy or imitation firearm, other than the barrel of any such toy or imitation firearm that is a water gun, is closed with the same material of which the toy or imitation firearm is made for a distance of not less than one-half inch from the front end of said barrel, and;

(d) such toy or imitation firearm has legibly stamped thereon, the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and

(e) such toy or imitation or firearm does not have attached thereto a laser pointer, as defined in paragraph one of subdivision a of section 10–134.2 of this code.

Paragraph one of this subdivision shall not apply to:

(a) the possession or display of toy or imitation firearms by a manufacturer or dealer solely for purposes of sales that are accompanied by delivery to a point without the city;

(b) any toy or imitation firearm that will be used only for or in the production of television programs or theatrical or motion picture presentations, provided, however, that such use of any toy or imitation firearm complies with all applicable laws, rules or regulations concerning request and receipt of waivers authorizing such use;

(c) non-firing collector replica antique firearms, which look authentic and may be a scale model but are not intended as toys modeled on real firearms designed, manufactured and produced prior to 1898;

(d) decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on items such as bracelets, necklaces and key chains, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.

(a) Authorized agents and employees of the department of consumer affairs, and of any other agency designated by the mayor, shall have the authority to enforce the provisions of this subdivision. A proceeding to recover any civil penalty pursuant to this subdivision shall be commenced by service of a notice of hearing that shall be returnable to the administrative tribunal of the department of consumer affairs. The administrative tribunal of such department shall have the power to impose civil penalties for a violation of this subdivision of not less than one thousand dollars ($1000) nor more than five thousand dollars ($5000) for the first offense and not less than three thousand dollars ($3000) nor more than eight thousand dollars ($8000) for each succeeding offense occurring within two years of the first offense, without regard to whether the first offense involved a toy or imitation firearm of the same model involved in any succeeding offense. For the purposes of this subdivision, selling, offering for sale, possessing, using or attempting to use or give away any single toy or imitation firearm in violation of this subdivision shall be considered a single violation.

NY City penal codes: New York City Administrative Code – § 10-131 for violations and definitions continue through:

4- 16 part (V)

And

Parts 2 through 7 of section 10–134.2.

Rockland County, NEW YORK – AIR GUN LAWS

N.Y. Penal Law § 265.05

ROME, NEW YORK – AIR GUN LAWS

N.Y. Penal Law § 265.05

SYRACUSE, NEW YORK – AIR GUN LAWS

ARTICLE 4. ENDANGERING PUBLIC SAFETY; WEAPONS, MISSILES, SPORTS – Syracuse, New York – Code of Ordinances

Sec. 16-13. – Missiles; sale of air guns.

No person shall filing or throw any stone, pebble, ice or snowball or any hard or hurtful substance or thing by hand or foot or by any air gun or other instrument within the bounds of the city. The sale of any such air gun or other instrument for similar use within the bounds of the city is prohibited.

ARTICLE 5. AMUSEMENT CENTERS AND AMUSEMENT CENTER GAMES – Syracuse, New York – Code of Ordinances

Sec. 5-38. – Definitions

Amusement device means any coin-controlled amusement device of any description, and particularly, but not by way of limitation, the type commonly known as iron-clad, bagatelle, baseball, football, bowling, interactive television games, and pinball amusement games or like device. The definition herein, however, shall exclude any coin-controlled device, firearms, guns, air guns, slingshots or slung shots, and similar devices or apparatus which propel bullets, slugs or other hard substances; said definition shall also exclude any device the possession or use of which is prohibited by law.

Owner or operator of an amusement device means any person who owns, places, distributes or locates an amusement device or devices in any place in which it is operated for the amusement, patronage or recreation of the public.

TONAWANDA, NEW YORK – AIR GUN LAWS

ARTICLE 1. IN GENERAL Tonawanda, New York Code of Ordinances

Sec. 38-3. Throwing missile or discharging weapon within city limits.

No person shall shoot, cast or throw any stone, pellet, arrow, missile or projectile of any kind, or discharge any air gun or BB gun or discharge any firearm, rifle or shotgun, as defined in Article 265 of the New York State Penal Law, within city limits, unless authorized by law.

(Code 1989, § 162-2; Res. of 9-7-2010, § 233)

Disclaimer: These rules and regulations were compiled to the best of my ability. The information on this article should not constitute as legal advice. Always check with your local jurisdiction for the final ruling.