As used in this section, the following terms shall
have the meanings indicated:
AIR GUN
Any pistol, revolver, rifle or shotgun which fires projectiles
by means of a spring or compressed air or other gas, instead of an
explosive.
[Amended 12-15-2009 by Ord. No. 2009-410]
AMMUNITION
Explosives suitable to be fired from a firearm, machine gun,
pistol, revolver, rifle, shotgun, assault weapon or other dangerous
weapon.
AMMUNITION FEEDING DEVICE
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.
ASSAULT WEAPON
(1)
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:
(a)
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
(b)
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.
(2)
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:
(a)
A flash suppressor attached to the weapon reducing
muzzle flash;
(c)
A sighting device making a target visible at
night;
(d)
A barrel jacket surrounding all or a portion
of the barrel to dissipate heat therefrom; or
(e)
A multi-burst trigger activator.
(3)
Any stockless pistol grip shotgun.
(4)
The following weapons manufactured prior to
the effective date of this section. [NOTE: This section was found
unconstitutional by the Honorable Charles J. Siragusa, Supreme Court
Justice, Monroe County, in Citizens for a Safer Community
v. City of Rochester, Index No. 93-08421.]
(5)
For purposes of this section, the term "assault
weapon" shall not include any of the following:
(a)
Any weapon which has been modified to render
it permanently inoperable or permanently make it a device no longer
defined as an "assault weapon";
(b)
Weapons that do not use cartridges or shells;
(c)
Manually operated bolt-action weapons, lever-action
weapons, slide-action weapons or single-shot weapons;
(d)
Multiple-barrel weapons, revolving-cylinder
weapons except shotguns, weapons that use exclusively a rotary Mannlicher-style
magazine; or
(e)
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.
DISPOSE OF
To dispose of, give away, give, lease, loan, keep for sale,
offer, offer for sale, sell, transfer or otherwise dispose of.
DRUG
Any substance listed in § 3306 of the Public Health
Law of the State of New York.
DWELLING
As defined in Chapter
120 of the Municipal Code, Zoning Code.
[Amended 11-19-2002 by Ord. No. 2002-354]
FIREARM
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 the 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.
PARK
As defined in §
79-1 of the Municipal Code.
POSSESS
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.
PUBLIC FACILITY
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.
PUBLIC PLACE
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.
RIFLE
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.
SHOTGUN
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.