Legal Implements for Regular Deer Season, Early and Regular Bear Seasons
New legislation in 2020 authorized the use of rifles for big game hunting in Tompkins County.
While New York's magazine limit is 10 rounds loading a magazine with more than 7 is illegal even with CCW permit. More than 7 round maybe loaded when hunting, in one's home, or when at a shooting range. The.22 tubular magazine is exempt from the 7 rounds law. Law enforcement both active and retired are exempt from the round and magazine limits. Residents of New York City must have a license to own and a permit to buy and carry a rifle or shotgun. All firearms in New York City must also be registered with the state (firearms elsewhere in New York State do not need to be registered). One permit covers both possession and purchase of a long gun in New York City.
- See Crossbow Hunting for license and training requirements, general rules, and specific season opportunities.
- Special Deer Season for firearms deer hunting opportunities in parts of Suffolk County
It is illegal to hunt big game with:
- a fully automatic firearm;
- an autoloading firearm that holds more than 6 shells (except an autoloading pistol with a barrel length under 8 inches);
- any firearm equipped with a silencer; or
- an air gun or air bow.
Big game hunters are permitted to carry:
- Other state permits or licenses are not accepted in New York; Concealed Weapons Permitting: The state of New York is a “may issue” state; Possession of a loaded short-barreled rifle or shotgun, handgun, or assault weapon (loaded or unloaded) is prohibited in outside the place of business or home without proper licensing.
- While New York's magazine limit is 10 rounds loading a magazine with more than 7 is illegal even with CCW permit. More than 7 round maybe loaded when hunting, in one's home, or when at a shooting range. The.22 tubular magazine is exempt from the 7 rounds law. Law enforcement both active and retired are exempt from the round and magazine limits.
- a .22 caliber rim-fire handgun during regular deer season or early and regular bear seasons, if they possess a NYS pistol permit; or
- a.22 caliber rim-fire cannot be used as a primary or secondary weapon to take deer or bear.
Written Descriptions of Areas Shown on Legal Implements Map
Bow, Crossbow, Muzzleloader, Handgun, Shotgun, and Rifle Areas:
All of Northern Zone (see description of Northern-Southern Zone Line).
All of Albany (except WMU 4J which is bow only), Allegany, Cattaraugus, Cayuga, Chemung, Chenango, Columbia, Cortland, Delaware, Fulton, Genesee, Greene, Herkimer, Livingston, Madison, Montgomery, Oneida, Ontario, Orange, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Seneca, Schenectady, Schoharie, Schuyler, Steuben, Sullivan, Tioga, Tompkins, Ulster, Washington, Wayne, Wyoming, and Yates counties. Also, the portion of Chautauqua county south of Rt. 20 and all of Broome County except the city of Binghamton.
Bow, Crossbow, Muzzleloader, Handgun, and Shotgun Areas:
All of the following counties, except the areas listed in parentheses: Chautauqua (except south of Rt. 20 where rifles are also legal), Dutchess, Erie (except WMU 9C which is closed to big game hunting), Monroe (except WMU 8C which is bow only), Niagara, Onondaga, Putnam, and Rockland counties.
Bow only areas:
Suffolk County (WMU 1C). All of Suffolk County. Except shotguns and muzzleloaders may be used during the Special January Firearms Season in Suffolk County.
Westchester County (WMU 3S). All of Westchester County.
Shotgun Laws In Ny
|Bow||Long (stick), recurve or compound bow with a draw weight in excess of 35 pounds. A legal arrowhead is non-barbed, has 2 or more cutting edges and is at least 7/8 inches wide.|
|Crossbow||Consists of a bow, a string, and either compound or recurve limbs with minimum width of 17 inches (tip of limbs, uncocked), mounted on a stock. The stock shall have a trigger with a working safety that holds the string and limbs under tension until released. It shall have a minimum overall length from the butt of the stock to the front of the limbs of 24 inches and be able to launch a minimum 14 inch arrow/bolt, not including the legal arrowhead. It shall have a draw weight of 100 to 200 pounds.|
|Muzzleloader||Firearm loaded through the muzzle with a minimum bore of .44 inches and shooting a single projectile. Scopes or fiber-optic sights may be used at any time. You must possess a NYS Pistol Permit to hunt with a muzzleloading pistol.|
|Any centerfire pistol2 or revolver. Barrel length maximum is 16 inches.|
NOTE: Possession of handguns in New York State requires a NYS Pistol Permit. New York does not recognize permits issued by other states.
|Shotgun1||Must be 20 gauge or larger and fire a single projectile. Rifling in the barrel or choke is allowed.|
|Rifle1||Any centerfire rifle.|
In 2013, the New York State Legislature passed the New York Secure Ammunition and Firearms Enforcement Act, commonly known as the NY SAFE Act, which contains several firearms regulations. Some of these provisions directly impact probate proceedings.
When a firearms owner passes away, the Executor or Administrator of the decedent’s estate may legally possess the guns in question for up to fifteen days for the sole purpose of lawfully transferring or disposing of the firearms. If more than fifteen days is needed, the Executor must surrender the firearms to a law enforcement agency. The law enforcement agency will hold the guns for safekeeping for up to two years. If the weapons are not disposed of or transferred within two years, they will be destroyed. An Executor cannot lawfully transfer or dispose of firearms until they’ve been appointed by the Court. The appointment process timeline can vary depending on how busy the Court is and how extensive the other assets are in terms of preparing estate petitions.
Appointed Executors are now required to file an inventory of pistols and long guns owned by the decedent with the Surrogate’s Court. The short document must include the make and model, gauge and value of each gun. This list will remain sealed despite the fact that most Surrogate’s Court documents are available to the public. The Court may only release the list to an interested party, such as an immediate family member or beneficiary of the estate. To request the firearms inventory, a form must be completed and submitted to the Surrogate’s Court. The Albany County Surrogate’s Court has advised that only around 10% of such requests are approved.
A federal background check is now required for a firearm to be transferred, even between two private individuals. The exception to this rule is a transfer between immediate family members. As most gun owners leave their firearms to immediate family members, the transfer can often be completed without a background check.
Occasional afib flutter. To transfer a pistol from the decedent to a beneficiary, the intended recipient must hold a valid pistol permit and add the pistol to their permit prior to the transfer. As there is no requirement to register most shotguns or rifles, it is easier to transfer long guns. As long as the long guns or rifles are safely maintained, they do not have to be turned over to the police for safekeeping and a background check is not needed for the transfer.
Westchester County Ny Shotgun Laws
Antique firearms are treated a little differently. The definition of an antique firearm in Article 265 of the NY Penal Law typically refers to muzzle loading black powder firearms, but also applies to pistols or revolvers “that use fixed cartridges which are no longer available in the ordinary channels of commercial trade.” If the owner has no intention of using the firearms, muzzle loading pistols and revolvers do not need to be registered on a pistol permit. If the antique firearms are kept loaded or kept together with ammunition, they must be registered on a valid pistol permit.
Ny State Shotgun Laws
Governor Andrew Cuomo described the law as the toughest gun control law in the United States, but passing firearms to your loved ones does not have to be problematic if you specifically address them when planning your estate. As always, continue to store your guns in a secure location. Maintain a list of all firearms in your possession; this will make things easier for your Executor after you pass away. To avoid extra hassle, consider leaving firearms to immediate family members only. If you are the owner of pistols, make sure your intended beneficiary holds a valid pistol permit, or have them apply for a pistol permit while you are still living to avoid any issues after your death. Another option is selling or transferring ownership of the firearms while you are still living.