Best practices for nuisance wildlife control operators in New York State

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Ch 3: Section three: Other pertinent state laws

Firearm ordinances

"Firearm" is defined in 6 NYCRR part 180.3A as "any gun or other instrument which by force of gunpowder or other explosive, or which by the force of a spring, air or other gas, expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals." This includes shotguns, rifles, air guns, and dart rifles. Under state law, bows (long bows and crossbows) are not considered firearms.

Unfortunately, it's not that simple. There are also local firearm regulations, and they may differ from state law. Some local laws are more restrictive. Some define other devices, such as bows, as "firearms." You must obey both state and local regulations. To learn more, check the International Hunter Education Association website or consider attending the DEC's hunter education course or a firearms safety course sponsored by the National Rifle Association (NRA).

Here are a few points:

• shotguns and rifles must be unloaded when carried in a motor vehicle
   
• firearms can't be discharged across a public highway or maintained right-of-way
   
• rifles aren't allowed in the field on Long Island, or in Westchester County
   
• legal discharge distance for both firearms and long bows follows the 500 feet rule (unless you have permission from the owner of the building).

The last point explains how far you must be from a building in order to shoot legally. You must be more than 500 feet from

• a school, playground, or occupied factory or church
   
• occupied or used farm building or structure
   
• a home (unless you own it, lease it, are an immediate member of the family, an employee, or a guest who has the owner's consent).

How far is 500 feet? Most people are poor judges of distance. You may want to take a tape measure outdoors and actually pace off the distance a few times. Unfortunately, you have to stretch your vision even more because you have to consider 500 feet in all directions. That's 18 acres, or about as big as 16 football fields, just a bit smaller than the area covered by the White House.

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