[HISTORY: Derived from Secs. 6, 6-A, 7, 14 and 39 of Ch.
IX of the Charter and Ordinances, 1974, of the City of Buffalo; amended
in its entirety 5-30-2000, effective 6-12-2000. Subsequent amendments noted where applicable.]
A.
Purpose and intent. The City of Buffalo finds that violent crime
is a serious problem in the City and firearms and other dangerous
weapons are frequently used in the commission of crimes, particularly
homicides and assaults. The possession of such weapons also often
leads to accidental deaths and injuries. The possession and use of
assault weapons and ammunition-feeding devices for criminal purposes
is increasing and poses a serious danger to public safety. The use
of weapons by persons under the influence of drugs and/or alcohol
can readily lead to serious injury or death. The possession of weapons
in public facilities and places also poses a serious danger to public
safety. The possession of toy or imitation weapons which substantially
duplicate actual weapons poses a danger to the person possessing the
weapon and to others. In order to promote and protect the health,
safety and welfare of the public, the City of Buffalo finds it necessary
to place restrictions upon the possession and use of such weapons.
The restrictions imposed by this section are intended to be in addition
to restrictions found in state law and are not intended to conflict
with state law provisions.
B.
AMMUNITION
AMMUNITION-FEEDING DEVICE
ASSAULT WEAPON
(1)
(a)
(b)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
DISPOSE OF
DRUG
DWELLING
FIREARM
LOCKING DEVICE
POSSESS
PUBLIC PLACE
PUBLIC FACILITY
RIFLE
SHOTGUN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Explosives suitable to be fired from a firearm, machine gun,
pistol, revolver, rifle, shotgun, assault weapon or other dangerous
weapon.
Magazines, belts, feedstrips, drums or clips capable of being
attached to or utilized with any center-fire rifle, shotgun or pistol
which employs the force of the expanding gases from a discharging
cartridge to chamber a fresh round after each single pull of the trigger
which, in the case of a rifle or shotgun, holds in excess of five
cartridges, or in the case of a pistol holds in excess of 17 cartridges.
Any center-fire rifle or shotgun which employs the force of
the expanding gases from a discharging cartridge to chamber a fresh
round after each single pull of the trigger, and which is loaded or
capable of being loaded with a combination of more than six cartridges
in the ammunition-feeding device and chamber combined. For the purposes
of this section, a weapon is capable of being loaded if it is possessed
by one who, at the same time, possesses:
In the case of a rifle, a fixed or detachable ammunition feeding
device which is attached to or utilized with or capable of being attached
to or utilized with such rifle and which has a capacity of more than
five cartridges; or
In the case of a shotgun, an ammunition-feeding device which
is attached to or utilized with or capable of being attached to or
utilized with such shotgun and which has a capacity of more than five
cartridges.
A center-fire rifle or shotgun which employs the force of expanding
gases from a discharging cartridge to chamber a fresh round after
each single pull of the trigger, and which has:
Any stockless pistol grip shotgun.
For purposes of this section, the term "assault weapon" shall
not include any of the following:
Any weapon which has been modified to render it permanently
inoperable or permanently make it a device no longer defined as an
"assault" weapon.
Weapons that do not use cartridges or shells.
Manually operated bolt-action weapons, lever-action weapons,
slide-action weapons or single-shot weapons.
Multiple-barrel weapons, revolving-cylinder weapons except shotguns,
weapons that use exclusively a rotary Mannlicher-style magazine.
Any antique firearm as defined in § 265.00 of the
New York State Penal Law or any curio or relic as defined under United
States law which is possessed by a licensed collector in accordance
with United States law.
To dispose of, give away, give, lease, loan, keep for sale,
offer, offer for sale, sell, transfer or otherwise dispose of.
Any substance listed in § 3306 of the Public Health
Law of the State of New York.
One or more rooms, in a building or portion thereof designed
or used exclusively as the residence or sleeping place of one or more
persons, designed for occupancy by one family for cooking, living
and sleeping purposes, as defined in Chapter 511, Zoning, of this
Code.
Any pistol or revolver, or a shotgun having one or more barrels
less than 18 inches in length or any weapon made from a shotgun (whether
by alteration, modification or otherwise) if such weapon, as modified,
has an overall length of less than 26 inches; or a rifle having one
or more barrels less than 16 inches in length or any weapon made from
a rifle (whether by alteration, modification or otherwise) if such
weapon, as modified, has an overall length of less than 26 inches.
For purposes of this definition, the length of a 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. Such definition, except as otherwise indicated, shall include
both loaded and unloaded firearms, except that it shall not include
any antique firearm as defined in federal or New York State law or
any curio or relic as defined under United States law which is possessed
by a licensed collector in accordance with United States law.
A design adaptation or attachable accessory that will prevent
the use of the firearm, rifle or shotgun by an unauthorized user,
and includes but is not limited to a trigger lock, which prevents
the pulling of the trigger without the use of a key, or a combination
handle, which prevents the use of the firearm, rifle or shotgun without
the alignment of the combination tumblers.
Have physical possession or otherwise to exercise dominion
or control over. The presence in an automobile of any firearm, rifle
or shotgun which is openly visible is presumptive evidence of its
possession by all persons occupying such automobile at the time such
firearm, rifle or shotgun is found, except if such firearm, rifle
or shotgun is found in a vehicle for hire.
Any street, including the sidewalk portion thereof, park,
playground, recreation area, cemetery or lot owned, leased, operated
or controlled by or on behalf of any government, municipality or public
authority or corporation within the boundaries of the City, which
is generally accessible to the public, except grounds used for educational
purposes.
Any building or facility owned, leased, operated or controlled
by or on behalf of any government, municipality or public authority
or corporation within the boundaries of the City, except buildings
or facilities used for educational purposes.
A weapon designed or redesigned, made or remade and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed metallic cartridge
to fire only a single projectile through a rifled bore for each single
pull of the trigger.
A weapon designed or redesigned, made or remade and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
C.
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:
(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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
No person shall carry a firearm, shotgun, rifle or air gun in the
City while in an intoxicated condition.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
Nothing herein contained shall be construed to prohibit the
possession, custody or use of said shotgun or rifle for the lawful
purpose of self-defense or the defense of others.
A.
No person shall offer, sell, loan, lease or give broadhead arrows
or broadhead tips, also known as "hunting arrows or tips," to any
child under the age of 16 years.
B.
The unlawful use of bows and arrows or other archery devices and
the unlawful possession by a child under 16 years of age of broadhead
arrows or tips is hereby declared a nuisance, and said unlawfully
used or possessed archery equipment shall be destroyed as a nuisance
in accordance with law.
No person shall throw stones, snowballs, missiles or other objects
or shoot with or use a bow and arrow or sling or play at ball in a
public place or a private place of assemblage except as to such public
or private places designated for such use.
The Common Council, in order to assure the proper protection,
health, safety and welfare of persons lawfully in the public buildings
of the City of Buffalo and in order to ensure the performance of essential
governmental functions by City employees without threat or intimidation
to such employees or others, finds it to be in the public interest
to prohibit the open display or transport of any weapon in certain
public buildings of the City.
When used in this article, the following words and phrases shall
have the meanings herein ascribed to them:
The possession or transport by any person of a weapon, as
hereinafter defined, in such a manner that the weapon is visible to
persons in the immediate vicinity, except where such possession or
transportation is consistent with an authorized activity of function
at the specific City building where such possession occurs.
Any person, except a police officer or a peace officer.
The following buildings, structures or property owned, occupied
or operated by the City of Buffalo:
A firearm, electronic dart gun, gravity knife, switchblade
knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka
stick, sandbag, shuriken, sandclub, slingshot dagger, dangerous knife,
dirk, razor, stiletto, imitation pistol or any other dangerous or
deadly instrument or weapon.
No person shall openly carry or display a weapon in any public
building owned, occupied or operated by the City of Buffalo.
No person who openly carries or displays a weapon in any public
building shall refuse to surrender such weapon at the request of any
police officer or peace officer. Any weapon so surrendered shall be
returned to such person upon his or her departure from the public
building, provided that the possession thereof is lawful.
Nothing contained in this chapter shall be deemed to authorize
the possession of any weapon, the possession of which is made unlawful
by any other law, statute, ordinance or resolution.
Nothing contained in this chapter shall be deemed to prohibit
the possession of any weapon otherwise lawful under the circumstances
herein specified.
