Town of Niskayuna, NY Chapter 101 Firearms

[HISTORY: Adopted by the Town Board of the Town of Niskayuna 9-18-1973 as L.L. No. 2-1973. Section 101-3B(6) amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]

GENERAL REFERENCES

Police Department rules and regulations — See Ch. 37, Art. II.

§ 101-1 Findings and purpose.

The Town Board of the Town of Niskayuna, finding that the discharge of firearms within the Town, even as controlled by § 11-0931 of the Environmental Conservation Law, may be hazardous to residents and the general public, enacts this chapter for the purpose of protecting the health, safety and well-being of persons and property by controlling such activity within the Town.

§ 101-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FIREARM

Any barreled weapon from which a projectile may be expelled by means of gunpowder, compressed air, gas or gases or by springs or by any combination thereof, including any rifle, shotgun, pistol, revolver, air rifle, air gun, BB gun or spring gun.

PUBLIC HIGHWAY

Any public roadway, including the former railroad right-of-way.

TARGET RANGE

Any facility used for discharging any firearm at a target, either fixed or moving, constructed, maintained and operated in accordance with regulations and standards prescribed by the Chief of Police of the Town of Niskayuna and approved by the Town Board, including any rifle, pistol, trap or skeet range.

§ 101-3 Discharge prohibited; exceptions.

A. Except as hereinafter provided, the discharge of any firearm within the boundaries of the Town of Niskayuna is prohibited.

B. The prohibition contained in Subsection A above shall not apply to:

(1) Any peace officer in the performance of an official duty.

(2) The lawful use of a firearm in the defense of person or property or for the destruction of diseased animals.

(3) The authorized use of a target range regularly operated by a Police Department or other law enforcement agency or by any duly organized not-for-profit corporation and subject to inspection by any authorized peace officer.

(4) The use of a firearm to exterminate or destroy rodents, woodchucks or animals of similar nature or diseased or strange-acting animals which may present a threat to livestock, crops or person, but in no event within 500 feet of any structure occupied or used by other people.

(5) The discharge of a shotgun over the waters of the Mohawk River, including the ponds and inlets which rise and fall with said river, by a person hunting migratory game birds, provided that no dwelling house or public structure, livestock or person is situated in the line of discharge less than 500 feet from the point of discharge.

(6) The discharge of a shotgun by a person lawfully hunting upland game birds or small game in the area generally bounded on the northeast by the Mohawk River, on the northwest by Lock 7 Road, on the southwest by River Road - Rosendale Road and on the southeast by the Niskayuna/Colonie line, except that no person may discharge a firearm:

[Amended 5-1-1984 by L.L. No. 2-1984][1]

(a) On any posted land without the consent of the owner;

(b) Within 500 feet of any property owned by the Town of Niskayuna;

(c) Within 500 feet of any dwelling house or any structure occupied or used by people, within or abutting such area; or

(d) In such a way as will result in the load thereof passing over a public highway or any part thereof.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(7) The use of a BB gun, air or compressed gas gun or rifle or spring gun for target shooting indoors in any residence or other structure, with the express consent of the owner or lessee of such residence or structure, provided that the projectile does not go beyond the confines thereof.

§ 101-4 Posting of signs.

Signs indicating "discharge of firearms prohibited except in specified areas" shall be posted at the principal portals of the Town.

§ 101-5 Penalties for offenses.

The discharge of any firearm by any person in violation of any of the provisions of this chapter shall be an offense punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both. Each separate discharge shall constitute a separate additional offense.

§ 101-6 Construal of provisions.

Nothing contained in this chapter shall be deemed to be less restrictive than § 11-0931 of the Environmental Conservation Law or any other applicable law, rule or regulation.