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anglander · New Member

I am having a hard time interpreting the NY state (not NYC) law regarding using an air rifle for target practice in my backyard. I have read some DEC information that suggests that for their purposes, an air rifle cannot be used within 500 feet of a dwelling, yet I cannot see that the penal code defines an air rifle as a firearm. Does anyone know if it is legal to use an air rifle at home for target practice?

AirGunEric · Site Admin

I don't believe the state would regulate this- but your specific county would. Can you check at the local town hall?

Slavia · Moderator

Or, if you don't want to draw attention - go to the public library. They usually have a copy of local regulations, plus librarians to help you find what you want.

anglander · New Member

I have checked the county and town codes where I live and there is no reference to BB, airgun, pellet gun etc. However, it was the lack of clarity between the state penal code and the state DEC regulations on hunting that gave rise to my initial question. State penal code specifically defines firearms as those requiring 'explosive' propellant and as such, prohibits discharge of these firearms within 500 feet of a road or dwelling. The DEC hunting regulations include airguns in their definition of firearms and later in the same document re-iterate the prohibition about discharging a firearm within 500 feet of a road or dwelling.

Any clarification would be much appreciated.

AirGunEric · Site Admin

Based on your statement, it sounds as though the DEC guidelines consider an airgun to be a "firearm". But- that may be dependent on what you are using it for (i.e. hunting vs. target shooting). I think you may be forced to call the local sheriff's office to get a firm definition, but be clear you are not talking about hunting near a structure/dwelling, but target shooting and have them give you the interpretation. Without a clear guide, it may end up being something dealt with purely at the discretion of your local police force/officer at your door if a neighbor complains.

That being said- most LEO's don't like the idea of any sort of projectile launcher being used within a city/town limits, for any purpose other than licensed pest control and such.

Eatamoose · Member

Most states have hunting laws that say that you can't discarge a firearm within so many feet of a dwelling or public property or even a roadway.
Air rifles are covered as hunting weapons by many states, but very few of those states consider it an actual firearm.

This is one of those gray areas. From my experience, if you contact a law enforcement office and ask, they usually just look up your address and see if you're within city limits, if you aren't and you're in the "county", they usually give it the "ok". NY may be different, seems the city is always messing with the more rural areas.

Best thing to do is call the county game warden. They know all the local laws and how they apply to firearms and if they would consider an air rifle a firearm. You would probably get a more direct answer from him than if you called the local police station too. Either would work though.

sniper · Silver Status Member

i've wondered this too where i live in L.A. county. i live in the neighborhood i was raised and have shot air my whole life in the backyard without one complaint. my neighbors shoot as well. i've found nothing on the internet about legalities. i assume i can.

TONBON · Veteran Member

dang i'm late on this one.
in the nearst big city to me , Greensboro, NC.
it clearly says, in big letters, at Gandr Mtn., "NO SHOOTING AIR GUNS IN CITY LIMITS". right in the airgun section.
somehow,
if you can get here, surf the local government websites.
sometimes, the sherrif is wrong.
be sure.
CYA(cover your a$$)
Evil Plot

be leagal