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LittleRickie · Member

I live on 1/2 acre lot in the suburbs. Rabbits and squirrels are eating my garden and fruit trees. I have a rabbit guard fence around the garden but some still get in and it only takes one to wipe out new beans or greens. We even have a ground hog but he hasn't gotten into the garden...yet.

Any guidence on what the laws are for shooting pests in your back yard. I live in Fairport, New York. I don't want a visit from the Sheriff or my neighbors getting upset.

WillBrayJr · Member

You do realize how Anti-Gun New York is right? Pretty much every type of gun is banned in NYC and the 5 Boroughs. You can pretty much count on being arrested on several charges if you're caught shooting your airgun in New York.

Slavia · Moderator

You really have three issues to investigate:
1. Is it legal to discharge an air rifle in your jurisdiction (city)?
2. Can be rabbits and squirrels be taken on your own property as pests, or do you need to get a hunting license? (State)
3. Is it legal to take pests with an air rifle, or do you have to use a firearm? (State)

LittleRickie · Member

I read the Town code today and air guns are not considered a "firearm." The wording clearly states that. How they can be used on my property and pest control isn't stated. If I was a farm or had acres I'm sure it would be a non-issue because no one would know or care but my neighborhoof is all 1/2 acre lots.

I don't have full answers to these questions yet and would appreciate any ideas or guidence on where to ask them.

I'm in Upstate New york and the gun issues up here are quite different, less restrictive, than downstate and NY City but I want to error on the conservative side before I start shooting trargets down my driveway into my garage.

I'm inexperienced and want to proceed cautiously.

I'm not a crank trying to put anyone on the spot or make an ant-gun statment on the WWW. I'm just a guy who's buying a gun and trying to figure out the right way to handle things so anti-gun nuts do go crazy on al over me.

PS I've joined the NRA.

Peace

Crosman140 · Senior Member

Since you would be dealing with either a sheriff or a police officer, I would call both of them in your area and see how they read and understand the law in this situation.

I would still investigate the laws yourself, but it would be nice to know how the local law enforcement views them as well.

jlwilliams · Veteran Member

You seem to be on the right track so far. You've looked at the laws (good first step) but there still seems to be a little room for misunderstanding.

I'd look at your state's hunting regulations. They are usually available as a free booklet wherever hunting licenses are distributed. You may find some definitions of what sort of animals are considered 'vermin' and what you can and can't do about vermin. Then again, some states don't address varminting very well in their hunting abstracts, but it's worth a try and probably free.

You probably should contact local law enforcement. Let them know you've looked at the laws and have a few questions. Tell them what you want to do and basicaly make it clear that you are not an idiot and you want to do something rational. It's likely that if your neighbors don't complain they will have no problem with an adult taking a few safe and responsable air rifle shots.

That's a big key to the success of airgunning. They don't bother the neighbors.

firemandivi · Member

I live in Orange county New York and had the same questions a year ago. I talked to NYSDEC first at the local level located in New Paltz and they told me to call Albany. NYSDEC says that a airgun is not a firearm and you can't hunt with it in New York State at this time (The website is very misleading). But if the animals are considered pests you can legally kill them with a pellet gun, but you have to be 500ft from a residence when firing said pellet gun(same safety rules that apply to rifles apply to pellet guns in New York) I hope this helps. Let me know if you have other questions.

jlwilliams · Veteran Member

Does that 500 foot rule include your own house? In CT we have a similar rule (300 ft to a border or road, 500 ft to a building) but you can be closer to the building if it's your own building.

720fly · Veteran Member

How about some snares? simple critter to trap. doesn't get any more quite than that

firemandivi · Member

walter · Veteran Member

i live on less than 1/3 acre in the suburbs and i feel ya. i have a safe 20 yrd. target practice range with a field beyond so im not aiming toward neighbors. i also hunt squirells as well but need to be very aware of my background when lining up for a shot. its not ideal but it can be done in a safe and quiet way. good luck. walt. Smile

LittleRickie · Member

firemandivi · Member

You local Sheriff or local police will likely not know how to answer your questions. You should call NYSDEC, they are the ones who issues hunting licenses.
NYSDEC
Bureau of Wildlife
625 Broadway
Albany, NY 12233-4754
518-402-8883
As of 2008 it was illegal to hunt in NY with an airgun but that may have changed based on their new website. http://www.dec.ny.gov/outdoor/28182.html
As a matter of fact they did change it Hooray. NY just got a little cooler in my eyes.
http://www.dec.ny.gov/outdoor/8312.html

grandpa01 · New Member

Your upstate and should have no problems.
You will need to get a small game hunting license. NY now allows you to use an airgun for small game. You can get exact details on the NYS DEC website as to caliber and minimum fps required, as well as current seasons.

Good luck

Remember if you keep your gun quiet the neighbors won't even complain.

Bob

mojo rising · Member

Upstate and Long Island airguns are not considered to be firearms. However, in the 5 boroughs it's a different story. You'll be in central bookings crying for your mommy Laughing

. I'll mostly likely be leaving AZ and I don't want to get rid of my gun so I'll have to store it at parents house in Long Island then just go out there and blast a few critters. What about the law? hmmm what about the law? don't get caught is my motto lol. just kidding