This chapter shall be known and may be cited as "The Village of East
Aurora Firearms Law."
The purpose of this chapter is to preserve and protect public and private
property within the Village of East Aurora, provide for the general health,
safety and welfare of Village inhabitants and preserve the peace and good
order in the Village of East Aurora by regulating the discharge of firearms
in the Village.
As used in this chapter, the following terms shall have the meanings
indicated:
FIREARM
Any pistol, revolver, shotgun, rifle, or air gun, but shall not mean
a starter pistol used in an athletic event.
LAW ENFORCEMENT OFFICER
A member of the East Aurora Police Department, Erie County Sheriff's
Department, New York State Police or other law enforcement officer authorized
under the laws of the State of New York and/or the United States of America.
PENAL LAW
The Penal Law of the State of New York, as amended.
VILLAGE BOARD
The Board of Trustees in and for the Village of East Aurora.
It shall be unlawful for any person to discharge a firearm within the
Village of East Aurora, except that this prohibition shall not apply to the
following:
A. Any law enforcement officer while engaged in the lawful discharge
of his duties.
B. The defense of one's person or property or the person or property
of another, provided that such discharge of a firearm is permitted as a justified
use of deadly physical force as provided in the Penal Law.
C. The regulated use of a range for the discharge of firearms operated
and maintained by an organization duly organized by law for such purposes,
which has been approved by the Village Board.
D. Programs conducted by a public school, or persons certified by
the National Rifle Association and approved by the New York State Department
of Environmental Conservation offering instruction and training in the use
of firearms, which has been approved by the Village Board.
E. Discharge of a firearm as part of a ceremony celebrating a national
holiday or other similar occasion, provided that such discharge shall not
propel any projectile.
Any violation of this chapter shall constitute an offense punishable
as follows:
A. A first conviction shall constitute a violation, as defined in
the Penal Law, and shall be subject to a fine of not less than $50 nor more
than $150.
B. A second conviction based upon an offense which occurs within
three years of a prior conviction shall constitute a Class B misdemeanor,
as defined in the Penal Law, and shall be subject to a fine of not less than
$150 nor more than $500 or by imprisonment for no more than three months,
or by both such fine and imprisonment.
C. A third conviction based upon an offense which occurs within
five years of a prior conviction shall constitute a Class A misdemeanor, as
defined in the Penal Law, and shall be subject to a fine of not less than
$300 nor more than $1,000 or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment.