This chapter is not intended, in any manner, to deny, misconstrue, nullify or contradict, in part or in whole, citizens' rights as given, defined and protected by the Second Amendment of the Bill of Rights of the United States Constitution.
This chapter will use and include the following terms and definitions:
AFIELD More than 500 feet from any occupied building, dwelling or structure in use, unless you own it, and as further defined by the NYS DEC regulations for discharge of firearms and bows.
ARCHERY Any type device for propelling an arrow and as further defined in the NYS DEC regulations for bows, which include long, compound and recurve.
FIREARM Any type rifle, shotgun, handgun or other device which uses an explosive charge to propel a missile, or missiles, through the barrel.
LOADED In personal possession afield of both firearm and ammunition, whether separate or together, so that the possessed ammunition can be chambered and fired in such gun.
RIFLE A rifle as defined in § 265.00-11 of the New York Penal Law.
SHOTGUN A shotgun as defined in § 265.00-12 of the New York Penal Law.
For the purposes of this chapter, the Town of Wheatfield shall be divided into separate designated areas, which shall be known as Firearms Discharge Areas (FDA). All firearms discharge and use of archery afield within these areas must be in accordance with federal, New York State, and local laws. These FDAs shall be defined as below:.
A. FDA A. That total area within the Town of Wheatfield north of the Niagara Falls Boulevard (U.S. Route 62), excluding that area with an east boundary of Ward Road (NYS 429), starting at the Niagara Falls Boulevard then north to Niagara Road, then westward back again to the Niagara Falls Boulevard.
B. FDA B. That total west area within the Town of Wheatfield with an east boundary of Ward Road (NYS 429), starting south at the Town line, then north to Stenzle Avenue, then west to Witmer Road, then north to the Niagara Falls Boulevard, then east to Ward Road, then north to Niagara Road, then west to the Niagara Falls Boulevard and continuing west to the Town line.
C. FDA C. That total area within the Town of Wheatfield south of the Niagara Falls Boulevard (U.S. Route 62), with a west boundary of Ward Road (NYS 429), starting south at the Town line, then north to Stenzle Avenue, then west to Witmer Road, then north to Niagara Falls Boulevard and continuing east to the Town line.
This chapter shall not apply to:
A. Any person, firm, association, or corporation exempted by the Town Board in accordance with this chapter by the issuance of a permit according to §
98-6.
B. Police officers, peace officers or other legal authority engaged in the performance of their duties.
C. Any persons or persons acting in accordance with Article 35 of the New York Penal Code.
D. A person, firm, association or corporation operating or utilizing a firearm range approved by the Town Board in accordance with this chapter, while on or at said range.
[Amended 7-15-2002 by L.L. No. 9-2002]
Any violation of the provisions of this chapter shall be deemed an unclassified misdemeanor and subject to imprisonment of not more than six months in jail and a fine of not more than $1,000.