As most of you know, I am not a resident of the fine and apparently free state of Indiana. I am writing here to address an issue in my home State, The People's Democratic Republic of New York. Recently, there has been a modification to Environmental Conservation Law, which permits the use of airguns with muzzle velocities ≥ 600 fps for the taking of small game. It occurs to me that the language used for the modification creates a precarious situation for a person like myself. Naturally, as my name suggests I am prohibited by 18 USC 922(g) from possession of firearms. Similarly, I am prevented by State law from possessing firearms. However, the two laws seem to conflict and contradict one another.
Now, the modified NYS Conservation Law
It would seem these two laws are conflicting with one another, and the nebulous characterization of an air gun as a firearms for the purposes of hunting create a zone of danger. It is lawful in the state of NY for a convicted felon to own an air rifle. It is lawful in the state of NY for a person to use certain air rifles to hunt. There is no preclusion or prohibition on felons from attaining hunting licenses in the State of New York. However, the implements which are legal for taking small game are classified as firearms. So, does this create a de facto prohibition on felons from hunting with items they may lawfully possess since, by purpose of legislative language, they magically transform into firearms when used to hunt squirrel, raccoon, woodchuck, coyote or fox?
I see here an opportunity to return to the outdoors and engage legally in a shooting sport, but the waters in which I would find myself are murky to say the least. I have spoken with a NYS DEC officer, and he confirmed the legality of hunting with an air rifle. However, when presented with the question of whether it is lawful for a felon to do so, he was unable to answer. I imagine my only certain option is to consult an attorney. However, the law is so "new" that I don't know what if any advice they could offer, or its' veracity. Nor do I wish to be the test case for the legality of a felon hunting with a legal item which magically transforms into a firearm, and thus prohibited, when stepping into the woods with it.
I know, when in doubt, refrain. The issue is I fail to understand how two laws in the same state can be so patently contradictory to one another when taken in context with other pieces of legislation which are applicable.
A felon may own an airgun
It is lawful to hunt with an airgun
A felon is not prohibited from obtaining a hunting license
for the purposes of hunting, an airgun is a firearm
a felon may not own a firearm
Did NYS just divide by zero?
NYS Penal Law Section 265.00 (3) - Defeinitions said: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.
Now, the modified NYS Conservation Law
6 NYCRR §180.3 Definition and use of firearms said:For the purposes of the Fish and Wildlife Law and this Title:
(a) The terms "firearm" or "gun" shall mean any rifle, pistol, shotgun or muzzleloading firearm which by force of gunpowder, or an airgun as defined in subdivision (b), that expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.
(b) The term "airgun" shall mean any implement which by the force of a spring, air or other non-ignited compressed gas expels a missile or projectile and has a rifled or smooth barrel, using ammunition no smaller than .17 caliber, producing projectile velocities of not less than 600 feet per second. 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.
(c) The term taken down shall mean:
(1) separating the action from the barrel of a long gun which is designed to be dismantled without the use of tools; and
(2) rendering inoperable a long gun which is not designed to be dismantled without tools, so as to require tools to restore such long gun to an operable condition. A bolt action firearm with the bolt removed shall not be considered "taken down" unless it is otherwise dismantled as provided in this subdivision.
(d) "Pistol" means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding sixteen inches.
It would seem these two laws are conflicting with one another, and the nebulous characterization of an air gun as a firearms for the purposes of hunting create a zone of danger. It is lawful in the state of NY for a convicted felon to own an air rifle. It is lawful in the state of NY for a person to use certain air rifles to hunt. There is no preclusion or prohibition on felons from attaining hunting licenses in the State of New York. However, the implements which are legal for taking small game are classified as firearms. So, does this create a de facto prohibition on felons from hunting with items they may lawfully possess since, by purpose of legislative language, they magically transform into firearms when used to hunt squirrel, raccoon, woodchuck, coyote or fox?
I see here an opportunity to return to the outdoors and engage legally in a shooting sport, but the waters in which I would find myself are murky to say the least. I have spoken with a NYS DEC officer, and he confirmed the legality of hunting with an air rifle. However, when presented with the question of whether it is lawful for a felon to do so, he was unable to answer. I imagine my only certain option is to consult an attorney. However, the law is so "new" that I don't know what if any advice they could offer, or its' veracity. Nor do I wish to be the test case for the legality of a felon hunting with a legal item which magically transforms into a firearm, and thus prohibited, when stepping into the woods with it.
I know, when in doubt, refrain. The issue is I fail to understand how two laws in the same state can be so patently contradictory to one another when taken in context with other pieces of legislation which are applicable.
A felon may own an airgun
It is lawful to hunt with an airgun
A felon is not prohibited from obtaining a hunting license
for the purposes of hunting, an airgun is a firearm
a felon may not own a firearm
Did NYS just divide by zero?