in NY, are you allowed to bowhunt if you have a felony record?

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in NY, are you allowed to bowhunt if you have a felony record?

Asked on April 17, 2009 under Criminal Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

 §  530.14  Suspension  and  revocation  of  a license to carry, possess,
               repair or dispose of a   firearm or  firearms  pursuant  to
               section  400.00 of the penal law and ineligibility for such
               a license; order to surrender firearms.
    1.  Mandatory  and  permissive  suspension  of  firearms  license  and
  ineligibility  for  such  a  license upon issuance of temporary order of
  protection.  Whenever a temporary order of protection is issued pursuant
  to subdivision one of section  530.12  or  subdivision  one  of  section
  530.13 of this article:
    (a) the court shall suspend any such existing license possessed by the
  defendant,  order  the defendant ineligible for such a license and order
  the immediate surrender of any or all firearms owned or possessed  where
  the  court  receives  information  that  gives  the  court good cause to
  believe that (i) the defendant has a prior  conviction  of  any  violent
  felony  offense  as  defined in section 70.02 of the penal law; (ii) the
  defendant has previously been found to have willfully failed to  obey  a
  prior  order  of  protection  and  such willful failure involved (A) the
  infliction of physical injury, as defined in subdivision nine of section
  10.00 of the penal law, (B) the use or threatened use of a deadly weapon
  or dangerous instrument as  those  terms  are  defined  in  subdivisions
  twelve  and  thirteen of section 10.00 of the penal law, or (C) behavior
  constituting any violent felony offense as defined in section  70.02  of
  the  penal  law;  or  (iii)  the  defendant  has  a prior conviction for
  stalking in the first degree as defined in section 120.60 of  the  penal
  law,  stalking  in the second degree as defined in section 120.55 of the
  penal law, stalking in the third degree as defined in section 120.50  of
  the  penal  law  or  stalking in the fourth degree as defined in section
  120.45 of such law; and
    (b) the court may where the court finds a substantial  risk  that  the
  defendant  may  use  or threaten to use a firearm unlawfully against the
  person or persons for whose protection the temporary order of protection
  is issued, suspend any such existing license possessed by the defendant,
  order the  defendant  ineligible  for  such  a  license  and  order  the
  immediate surrender of any or all firearms owned or possessed.
    2.  Mandatory  and  permissive  revocation  or  suspension of firearms
  license and ineligibility for such a license upon issuance of  an  order
  of  protection.  Whenever  an  order of protection is issued pursuant to
  subdivision five of section 530.12 or subdivision four of section 530.13
  of this article:
    (a) the court shall revoke any such existing license possessed by  the
  defendant,  order  the defendant ineligible for such a license and order
  the immediate surrender of any or all firearms owned or possessed  where
  such action is required by section 400.00 of the penal law; and
    (b)  the  court  may where the court finds a substantial risk that the
  defendant may use or threaten to use a firearm  unlawfully  against  the
  person  or  persons  for  whose  protection  the  order of protection is
  issued, (i) revoke any such existing license possessed by the defendant,
  order the  defendant  ineligible  for  such  a  license  and  order  the
  immediate  surrender  of  any or all firearms owned or possessed or (ii)
  suspend or continue to suspend any such existing  license  possessed  by
  the  defendant,  order  the  defendant ineligible for such a license and
  order the immediate surrender of any or all firearms owned or possessed.
    3. Mandatory and  permissive  revocation  or  suspension  of  firearms
  license and ineligibility for such a license upon a finding of a willful
  failure  to  obey  an order of protection. Whenever a defendant has been
  found pursuant to subdivision eleven of section  530.12  or  subdivision
  eight of section 530.13 of this article to have willfully failed to obey
  an  order  of  protection issued by a court of competent jurisdiction in

 

  this state or another state,  territorial  or  tribal  jurisdiction,  in  addition  to any other remedies available pursuant to subdivision eleven  of section 530.12  or  subdivision  eight  of  section  530.13  of  this  article:    (a)  the court shall revoke any such existing license possessed by the  defendant, order the defendant ineligible for such a license  and  order  the  immediate surrender of any or all firearms owned or possessed where  the willful failure to obey such order involved (i)  the  infliction  of  physical  injury, as defined in subdivision nine of section 10.00 of the  penal law, (ii) the  use  or  threatened  use  of  a  deadly  weapon  or  dangerous  instrument  as those terms are defined in subdivisions twelve  and  thirteen  of  section  10.00  of  the  penal  law,  (iii)  behavior  constituting  any  violent felony offense as defined in section 70.02 of  the penal law; or (iv)  behavior  constituting  stalking  in  the  first  degree  as  defined  in section 120.60 of the penal law, stalking in the  second degree as defined in section 120.55 of the penal law, stalking in  the third degree as defined in  section  120.50  of  the  penal  law  or  stalking  in the fourth degree as defined in section 120.45 of such law;  and    (b) the court may where the court finds a substantial  risk  that  the  defendant  may  use  or threaten to use a firearm unlawfully against the  person or persons for whose  protection  the  order  of  protection  was  issued, (i) revoke any such existing license possessed by the defendant,  order  the  defendant  ineligible  for  such  a  license  and  order the  immediate surrender of any or all firearms owned or  possessed  or  (ii)  suspend  any such existing license possessed by the defendant, order the  defendant  ineligible  for  such  a  license  and  order  the  immediate  surrender of any or all firearms owned or possessed.    4.  Suspension.  Any  suspension order issued pursuant to this section  shall remain in effect for  the  duration  of  the  temporary  order  of  protection  or  order  of  protection, unless modified or vacated by the  court.    5. Surrender. (a) Where an order to surrender one or more firearms has  been issued, the temporary order of protection or  order  of  protection  shall  specify the place where such firearms shall be surrendered, shall  specify a date and time by which the surrender shall be  completed  and,  to  the extent possible, shall describe such firearms to be surrendered,  and shall direct the authority receiving such  surrendered  firearms  to  immediately notify the court of such surrender.    (b)  The  prompt surrender of one or more firearms pursuant to a court  order issued pursuant to this section shall be  considered  a  voluntary  surrender   for  purposes  of  subparagraph  (f)  of  paragraph  one  of  subdivision a of section 265.20 of the penal law. The disposition of any  such firearms shall be in accordance with the provisions of  subdivision  six of section 400.05 of the penal law.    (c)  The  provisions  of  this  section  shall not be deemed to limit,  restrict or otherwise impair the authority of the  court  to  order  and  direct  the surrender of any or all pistols, revolvers, rifles, shotguns  or other firearms owned or possessed by a defendant pursuant to sections  530.12 or 530.13 of this article.    6.  Notice.  (a)  Where  an  order  of   revocation,   suspension   or  ineligibility  has  been  issued pursuant to this section, any temporary  order of protection or order of protection issued shall state that  such  firearm  license  has been suspended or revoked or that the defendant is  ineligible for such license, as the case may be.    (b) The  court  revoking  or  suspending  the  license,  ordering  the  defendant  ineligible  for  such a license, or ordering the surrender of  any  firearm  shall  immediately  notify  the  duly  constituted  police

 

  authorities  of  the locality concerning such action and, in the case of  orders of protection and temporary orders of protection issued  pursuant  to  section  530.12  of  this  article,  shall  immediately  notify  the  statewide registry of orders of protection.    (c)  The  court  revoking  or  suspending  the license or ordering the  defendant ineligible for  such  a  license  shall  give  written  notice  thereof without unnecessary delay to the division of state police at its  office in the city of Albany.    (d)  Where  an  order  of  revocation,  suspension,  ineligibility  or  surrender is modified or vacated, the court shall immediately notify the  statewide registry of orders of  protection  and  the  duly  constituted  police authorities of the locality concerning such action and shall give  written  notice  thereof  without  unnecessary  delay to the division of  state police at its office in the city of Albany.    7. Hearing. The defendant shall have the right to a hearing before the  court regarding any revocation, suspension, ineligibility  or  surrender  order  issued  pursuant  to  this section, provided that nothing in this  subdivision shall preclude the court from issuing any such  order  prior  to  a  hearing.  Where  the  court  has  issued such an order prior to a  hearing, it shall commence such hearing within fourteen days of the date  such order was issued.    8. Nothing in this section shall delay or otherwise interfere with the  issuance of a temporary order of protection or the timely arraignment of  a defendant in custody.
  § 11-0719. Revocation  and  suspension of licenses and of right to hunt,               fish or trap without license.    1. a. In the circumstances described in paragraph b the department may  revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,  defined  in  section  11-0701 or issued pursuant to any provision of the  Fish and Wildlife Law, or it may revoke all of such licenses or  stamps.  It may also deny such person, for a period not exceeding five years, the  privilege of obtaining such license or licenses or stamp or stamps or of  hunting,  trapping  or  fishing,  anywhere  in the state with or without  license or stamp, except as provided in subdivision 1 of section 11-0707  or in section 11-0523. It may also require that such person successfully  complete a department-sponsored  course  and  obtain  a  certificate  of  qualification   in   responsible   hunting,  responsible  bowhunting  or  responsible trapping practices before being issued another license.    b. This subdivision applies to any person who:    (1) is convicted of a violation of the Fish and Wildlife Law involving  the taking of deer or bear with the aid of an artificial light or  signs  an  acknowledgment  of  such  violation  of  that law for the purpose of  effecting a settlement by civil compromise or by stipulation; or    (2) is convicted of a violation of the Fish and Wildlife Law involving  the illegal taking of a deer, moose or bear, or signs an  acknowledgment  of  any  such  violation  of  that  law  for  the purpose of effecting a  settlement by civil compromise or by stipulation; or    (3) is convicted of any violation of the  Fish  and  Wildlife  Law  or  signs  an acknowledgment of any violation of that law for the purpose of  effecting a settlement  by  civil  compromise  or  by  stipulation,  and  previously  during  the five years immediately preceding such conviction  or the signing of such acknowledgment  has  been  so  convicted  or  has  signed such an acknowledgment; or    (4)  is  convicted of an offense involving a violation of subdivisions  one and two of section 11-0901 of this article  relating  to  taking  of  wildlife  when  the person taking is in or on a motor vehicle while such  motor vehicle is on a public highway or an offense involving a violation  of subdivision one of section 11-0901 of this article  and  subparagraph  one  of  paragraph  a  of  subdivision  four  of section 11-0931 of this  article relating to taking wildlife when the person taking is in or on a  motor vehicle and discharging a firearm or longbow in such  a  way  that  the  load  or  arrow  passes  over a public highway or a part thereof or  signs an acknowledgment  of  any  such  violation  for  the  purpose  of  affecting a settlement by civil compromise or by stipulation.    c.  Upon receipt of a court notification of the failure of a person to  appear within  three  months  of  the  return  date  or  new  subsequent  adjourned  date  pursuant  to  an  appearance ticket, uniform appearance  ticket or uniform appearance ticket and simplified information  charging  such  person  with a violation of the Fish and Wildlife Law, or any rule  or regulation adopted pursuant thereto, the department may  suspend  any  license  of  such person to hunt, fish or trap pending receipt of notice  from the court that  such  person  has  appeared  in  response  to  such  appearance ticket. Such suspension shall take effect no less than thirty  days from the day upon which notice thereof is sent by the department to  the person whose license is to be suspended.    2.  a.  The department may revoke the licenses, tags, and stamps which  authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the  privilege  of obtaining such licenses, tags, and stamps and may deny the  privileges of hunting and/or trapping with or without a license.    (1) of any person who, while engaged in hunting or trapping,    (i) causes death or injury to another  by  discharging  a  firearm  or  longbow, or

 

    (ii) so negligently discharges a firearm or longbow as to endanger the  life or safety of another, or    (iii)  so  negligently and wantonly discharges a firearm or longbow as  to destroy or damage public or private property; or    (2) of any agent of the department authorized to issue certificates of  qualification in responsible hunting, bowhunting, or trapping  practices  who improperly issues any such certification to a person whom he has not  trained,  or  whom  he knows has not satisfactorily completed all of the  requirements necessary for such certification.    b. Action by the  department  resulting  in  the  revocation  of  such  license  or denial of the privilege to hunt and trap as provided in this  subdivision shall be only after a hearing held by  the  department  upon  notice to the offender, at which proof of facts indicating the violation  is established to the satisfaction of the commissioner or of the hearing  officer designated by him and concurred in by the commissioner. Provided  that where a person, while hunting, causes death or injury to any person  by  discharge  of  a  firearm  or  longbow, the commissioner may, in his  discretion, suspend such  person's  license  or  licenses  to  hunt  and  suspend such person's right to hunt without a license for a period of up  to sixty days pending a hearing as provided for in this subdivision.    c.  In  case  such  discharge  of a firearm or longbow causes death or  injury to another, the license or licenses  shall  be  revoked  and  the  privilege  of  obtaining  any such license and of hunting or of trapping  anywhere in the state with or without a license denied, for a period not  exceeding ten years, except that no revocation shall be made in cases in  which facts established at the hearing indicate to the  satisfaction  of  the commissioner that there was no negligence on the part of the shooter  or  bowman.  In all other cases the license or licenses shall be revoked  and the privilege of  obtaining  such  license  and  of  hunting  or  of  trapping  anywhere  in  the state with or without a license denied for a  period not exceeding five years. The department may  also  require  that  the  person  causing  such  death  or  injury  successfully  complete  a  department-sponsored course and obtain a certificate of qualification in  responsible hunting or bowhunting practices before being issued  another  hunting license.    d.  Every  person  injuring  himself,  herself  or another person in a  hunting accident, as such term is defined in subdivision 25  of  section  11-0103  of  this chapter, and the investigating law enforcement officer  summoned to or arriving at the scene of such accident shall  within  ten  days  from the occurrence of such accident file a report of the accident  in writing with the department. Every such  person  or  law  enforcement  officer  shall  make such other and additional reports as the department  shall require.  Failure to report such accident as  herein  provided  by  the person causing injury or to furnish relevant information required by  the  department  shall  be  a violation and shall constitute grounds for  suspension or revocation of such person's hunting licenses and denial of  the privilege of obtaining any such  license  and  of  hunting  with  or  without  a  license  following  a hearing or opportunity to be heard. In  addition, the department may temporarily  suspend  the  license  of  the  person failing to report a hunting accident within the period prescribed  herein  until such report has been filed. In the case of a non-resident,  the failure to report an accident as herein  provided  shall  constitute  grounds for suspension or revocation of his or her privileges of hunting  within  this state. The report required by this section shall be made in  such form and number as the department may prescribe.    3. A junior hunting license issued to a person who is at least  twelve  and less than sixteen years of age or a junior archery license issued to  a  person  who is fourteen or fifteen years of age may be revoked by the

 

  department upon proof satisfactory to the department that  such  person,  while  under  the age of sixteen, has engaged in hunting wildlife with a  gun or longbow, in circumstances in which a license is  required,  while  not  accompanied  by  his  or  her  parent,  guardian  or other adult as  provided in  section  11-0929  of  this  article.  If  such  license  or  privilege  is  revoked  the  department  shall  fix  the  period of such  revocation, which is not  to  exceed  four  years.  The  department  may  require  that  such  person successfully complete a department sponsored  course and obtain a certificate of qualification in responsible  hunting  or  responsible bowhunting practices before being issued another hunting  or bowhunting license.    4. A person whose license to hunt, trap, or fish has been suspended or  revoked as provided in this  section  is  ineligible  for  such  license  during  the  period  determined  by  the  department as provided in this  section. No such person shall, during such period, procure  any  license  for which he or she is ineligible. No person shall without license hunt,  trap, or fish during any period in which the privilege to do so has been  denied by the department as provided in this section.    5.  When  the  department  has revoked a license, or has denied to any  person the privilege of obtaining a license, or of hunting, trapping  or  fishing without a license, it shall cause the fact of such revocation or  denial,  or  both, as the case may be, and the terms and extent thereof,  to be entered in the minutes of the department, and shall forthwith send  a written notice of its action as so  entered  in  the  minutes  to  the  person  affected,  at  his  last  known address, either by registered or  certified mail or by delivery personally  by  a  representative  of  the  department.  Within  five days after service of such notice, such person  shall deliver  to  the  department  the  license  or  licenses  revoked,  together with any buttons or tags issued in connection with them. If the  license  was  one  entitling  the  holder  to  the  privilege of several  licenses, and  the  revocation  concerned  some  but  not  all  of  such  privileges, any license, button or tag so delivered shall be returned by  the department to the person to whom it was issued, appropriately marked  or stamped to show the extent to which it is revoked.
   § 11-0713. Procedure in issuing licenses.    * 1.  a.  All  licenses,  stamps,  tags,  buttons, permits, and permit  applications authorized by this title,  and  any  additional  privileges  authorized by the department shall be issued by:    (1)  clerks  of  a  county,  town  or  city,  except  a  city having a  population of one million or more,    (2) clerks of a village having  more  than  one  thousand  inhabitants  according  to  the  last  preceding federal census, or of a village in a  county of less than five hundred thousand inhabitants, adjoining a  city  of over one million inhabitants, both according to such census, and    (3)  License issuing officers as may be appointed by the commissioner.  Applicants for designation as license issuing officers shall be over the  age of  eighteen  years  and  shall  meet  such  other  requirements  of  eligibility, including posting bond, as the department may by regulation  specify. Such issuing officers shall be entitled to receive and keep the  same  fees for issuing licenses and stamps that are specified in section  11-0715 of this article for issuing clerks, and shall file  reports  and  remit   license   fees   to   the   appropriate  regional  environmental  conservation officer or the department as required by regulation.    b. Special antlerless deer licenses shall be issued by the  department  as provided in subdivision 6 of section 11-0903    d.  One-day fishing licenses may be issued by any person who has never  been convicted of or pleaded guilty to a misdemeanor under this  chapter  within the past three years, and has not been convicted of a crime under  any  other  law.  One-day  fishing  licenses shall be issued to any such  person following payment  of  ten  dollars  for  each  license.  One-day  fishing  licenses  may be sold by the initial purchaser for no more than  ten dollars as a license fee and one dollar for the person selling  such  license.  In  the  case  of  misuse  or  fraud  in  handling the fishing  licenses,  the  department  shall  have  the  authority  to  revoke  the  privilege to buy and sell the licenses.    * NB Effective until October 1, 2009    * 1.  a.  All  licenses,  stamps,  tags,  buttons, permits, and permit  applications authorized  by  this  title  or  section  13-0355  of  this  chapter,  and  any  additional  privileges  authorized by the department  shall be issued by:    (1) clerks of  a  county,  town  or  city,  except  a  city  having  a  population  of  one  million  or  more, although such clerks may request  authorization from the department to cease issuing such licenses,    (2) clerks of a village having  more  than  one  thousand  inhabitants  according  to  the  last  preceding federal census, or of a village in a  county of less than five hundred thousand inhabitants, adjoining a  city  of over one million inhabitants, both according to such census, although  such  clerks  may  request  authorization  from  the department to cease  issuing such licenses, and    (3) license issuing officers as may be appointed by the  commissioner.  Applicants for designation as license issuing officers shall be over the  age  of  eighteen  years  and  shall  meet  such  other  requirements of  eligibility, including posting bond, as the department may by regulation  specify. Such issuing officers shall be entitled to receive and keep the  same fees for issuing licenses and stamps that are specified in  section  11-0715  of  this  title  for issuing clerks and section 13-0355 of this  chapter,  and  shall  file  reports  and  remit  license  fees  to   the  appropriate   regional   environmental   conservation   officer  or  the  department as required by regulation.    b. Special antlerless deer licenses shall be issued by the  department  as provided in subdivision 6 of section 11-0903 of this article.

 

    c.  One-day  fishing  licenses and one-day recreational marine fishing  licenses may be issued by any person who has never been convicted of  or  pleaded guilty to a misdemeanor under this chapter within the past three  years,  and  has not been convicted of a crime under any other law. Such  licenses  shall  be  issued  to any such person following payment of the  applicable license fee for each license. One-day  fishing  licenses  and  one-day  recreational marine fishing licenses may be sold by the initial  purchaser for no more than the applicable license fee, plus  one  dollar  for  the  person selling such license. In the case of misuse or fraud in  handling the fishing licenses, the department shall have  the  authority  to revoke the privilege to buy and sell the licenses.    * NB Effective October 1, 2009    2.  The  issuing officer shall not issue a junior archery license to a  person between the ages of fourteen and  sixteen  or  a  junior  hunting  license  to a person between the ages of twelve and sixteen years unless  at the time of issuance applicant is accompanied by his or her parent or  legal guardian who shall consent to the  issuance  of  the  license  and  shall so signify by signing his name in ink across the face of it. At no  time  shall  such licenses be issued by mail to persons between the ages  of twelve and sixteen years.    3. a. Subject to  the  provisions  of  paragraphs  b  and  c  of  this  subdivision,  the issuing officer shall not issue a license, stamp, tag,  button, permit, or permit application which  authorizes  the  holder  to  hunt wildlife, to any person unless the applicant presents:    (1)  a  license which authorizes the holder to hunt wildlife issued to  him previously; or    (2) an affidavit from a license issuing officer stating that applicant  previously has been issued a license which authorizes the holder to hunt  wildlife; or    (3) a certificate of qualification in responsible hunting, responsible  bowhunting and responsible trapping practices, including safety,  ethics  and  landowner-hunter  relations,  issued  or honored by the department,  pursuant to this subdivision.    b. (1) The issuing officer shall not issue a license  or  stamp  which  authorizes the holder to exercise the privilege of hunting big game with  a  longbow  to any person unless the applicant presents a New York state  license or stamp which authorizes the holder to exercise  the  privilege  of hunting big game with a longbow issued in 1980 or later, an affidavit  as  provided  in  subparagraph 2 of paragraph a of this subdivision or a  certificate of qualification in responsible bowhunting practices  issued  or honored by the department.    (2)  The  issuing  officer  shall  not issue a trapping license to any  person unless the applicant presents a trapping license  issued  to  him  previously, an affidavit as provided in subparagraph 2 of paragraph a of  this  subdivision  or  a  certificate  of  qualification  in responsible  trapping practices.    c.  The  issuing  officer  shall  not  issue  a  bowhunting  stamp  or  muzzle-loading  stamp  to  any  resident unless the applicant presents a  junior hunting license if the licensee is at least fourteen  years  old,  or  a  small  and  big  game,  free  sportsman, or sportsman or resident  super-sportsman license issued to  that  person  for  the  corresponding  license year.    d. Certifications of qualification in responsible hunting, responsible  bowhunting  and  responsible  trapping  practices  may  be  made by duly  qualified and designated persons, whose fitness to give instructions  in  said  practices  has  been determined by an agent of the department. The  department may designate any person it deems qualified  to  act  as  its  agent  in  the giving of instruction and the making of certification. No

 

  charge shall be made for any  certificate  or  instruction  given  to  a  person to qualify him or her to obtain a license or stamp other than for  certain  instruction  and  materials  accredited  by  the  department to  provide  preparation  for final instruction and testing by agents of the  department or for replacement education certificates for a commission of  one dollar to the issuing agent. The department shall make available  to  the  public  courses  without  charge  which  do  not require additional  preparation at the expense of students,  and  may  also  offer  optional  courses  which  require  preparatory  instruction  which  may  be at the  expense of the student. The department may make  rules  and  regulations  which in its opinion effectuate better the purpose of this subdivision.    4.  a.  A  person  who has lost or accidentally destroyed a license or  stamp authorizing the holder to hunt, fish, or trap  may  apply  to  the  officer  who  issued  it for a certificate in lieu thereof. Such officer  shall issue a certificate stating the name and address of the applicant,  the  type  of  license  issued  and  the  fee,  if  any,  paid  for  it.  Applications  and certificates furnished by the department shall be used  for this purpose.    b. A person who has lost or accidentally destroyed  a  button  or  tag  issued  with  such  a  license or stamp may apply to any license issuing  officer for a duplicate and  the  department  shall  issue  a  duplicate  button or tag when satisfied that the application is made in good faith.  A duplicate free sportsman tag shall be issued free of charge.    c.  A  person who has lost or accidentally destroyed a deer management  permit may apply to any license issuing officer for  a  duplicate.  Such  officer  shall issue a duplicate tag when satisfied that the application  is made in good faith.  The  officer  shall  also  issue  a  certificate  stating the name and address of the applicant, the identifying number of  the  tag  that  is  being  issued  and  the  fee,  if  any, paid for it.  Applications and tags furnished by the department shall be used for this  purpose.    * 5. The commissioner shall establish a toll-free telephone number  or  a  dedicated number for use to purchase sporting licenses by credit card  purchasers.    * NB Effective until October 1, 2009    * 5. The commissioner shall establish a toll-free telephone number  or  a  dedicated number for use to purchase sporting licenses by credit card  purchasers. Notwithstanding any inconsistent provision of this  chapter,  the  commissioner  may  authorize the sale of licenses via the internet,  telephone or mail and establish procedures therefor,  and  may,  through  bulk sales or otherwise, furnish licenses for retail sale to outdoor and  recreational   outlets   and   not-for-profit   organizations,  and  the  department  may  sell  licenses  at  department  facilities.  Except  as  provided  in  subdivision  1  of  this section, a license sold at retail  shall not be sold for a price which exceeds the  fee  for  such  license  established in the fish and wildlife law.    * NB Effective October 1, 2009 §  10-303.1  Prohibition  of  the possession or disposition of assault  weapons.    a. It shall be unlawful for any person to possess or  dispose  of  any  assault  weapon  within  the  city  of  New  York, except as provided in  subdivision d, e or f of this section or section 10-305.  A  person  who  peaceably  surrenders  an assault weapon to the commissioner pursuant to  subdivision d, e or f of this section or subdivision f of section 10-305  shall not be subject to the criminal or civil  penalties  set  forth  in  this section.    b.  Criminal  penalty.  Any  person who shall violate subdivision a of  this section shall be guilty of an unclassified  misdemeanor  punishable  by  a  fine of not more than five thousand dollars or by imprisonment of  up to one year, or by both such fine and imprisonment, for each  assault  weapon  disposed  of  or possessed, provided that the first violation of  subdivision a of this section involving possession of an assault  weapon  as  defined  in paragraph c of subdivision 16 of section 10-301 shall be  an offense punishable by a fine of not more than three  hundred  dollars  or  imprisonment  of  not  more than fifteen days, or both, on condition  that (1) such first violation is not in conjunction with the  commission  of  a crime and (2) the possessor has not been previously convicted of a  felony or a serious offense.    c.  Civil  penalty.  In  addition  to  the  penalties  prescribed   in  subdivision  b of this section, any person who shall violate subdivision  a of this section shall be liable for a civil penalty of not  more  than  twenty-five  thousand  dollars  for  each  assault weapon disposed of or  possessed, to be recovered in a civil action brought by the  corporation  counsel  in the name of the city in any court of competent jurisdiction,  provided that the first violation by any person of subdivision a of this  section  involving  possession  of  an  assault  weapon  as  defined  in  paragraph  c of subdivision sixteen of section 10-301 shall subject such  person to a civil penalty of not more  than  five  thousand  dollars  on  condition  that  (1) such first violation is not in conjunction with the  commission of a crime and (2) the  possessor  has  not  been  previously  convicted of a felony or a serious offense.    d.  Disposition  of  assault  weapons  by  permittees,  licensees  and  previously exempt persons. Any person who, on  or  after  the  effective  date  of  this  local  law,  shall possess an assault weapon and a valid  permit for  possession  and  purchase  of  rifles  and  shotguns  and  a  certificate  of  registration  for such assault weapon, and any licensed  dealer in firearms or licensed dealer in rifles and shotguns who is  not  licensed  as  a  special  theatrical  dealer  and  who,  on or after the  effective date of this local law, shall possess an assault  weapon,  and  any  police  officer  or peace officer who, before the effective date of  this local law was exempt from the sections of the  administrative  code  requiring  rifle and shotgun permits and certificates, and who, upon the  effective date of this local law, is not exempt from the sections of the  administrative code prohibiting the possession or disposition of assault  weapons, and who, on or after the effective  date  of  this  local  law,  shall  possess  an  assault  weapon,  shall,  within  ninety days of the  effective date of rules promulgated  by  the  commissioner  pursuant  to  subparagraph  7  of  paragraph  a  of  subdivision 16 of section 10-301,  either:    (1)  peaceably  surrender  his  or  her  assault  weapon  pursuant  to  subdivision  f  of section 10-305 for the purpose of destruction of such  weapon by the commissioner, provided that the commissioner may authorize  the use of such weapon by the department; or (2)  lawfully  remove  such  assault  weapon from the city of New York. All assault weapons possessed  by such permittees, licensees and previously  exempt  persons  shall  be

 

  subject  to  the  provisions  of  this  subdivision,  whether defined as  assault weapons  in  subdivision  16  of  section  10-301  or  in  rules  promulgated  by the commissioner pursuant to subparagraph 7 of paragraph  a of subdivision 16 of section 10-301.    e.  Disposition  of assault weapons by non-permittees. Any person who,  on or after the effective date of  this  local  law,  shall  possess  an  assault  weapon  and  who  is  not  the  holder  of  a  valid permit for  possession and purchase of rifles and  shotguns  and  a  certificate  of  registration  for  such assault weapon, shall peaceably surrender his or  her assault weapon pursuant to subdivision f of section 10-305  for  the  purpose of destruction of such weapon by the commissioner, provided that  the commissioner may authorize the use of such weapon by the department,  and  provided  further  that  heirs  and legatees may dispose of assault  weapons pursuant to subdivision f of this section.    f. Disposition of assault weapons by heirs and  legatees.  Any  person  who  acquires  an  assault weapon on or after the effective date of this  local law by the laws of intestacy or  by  testamentary  bequest  shall,  within  ninety days of such acquisition, either: (1) peaceably surrender  such assault weapon pursuant to subdivision f of section 10-305 for  the  purpose of destruction of such weapon by the commissioner, provided that  the commissioner may authorize the use of such weapon by the department;  or (2) lawfully remove such assault weapon from the city of New York.    g.  Within  thirty  days of the effective date of rules promulgated by  the  commissioner  pursuant  to  subparagraph  7  of  paragraph   a   of  subdivision 16 of section 10-301, the commissioner shall send by regular  mail  to every person who has been issued a permit to possess a rifle or  shotgun and whose rifle or shotgun the commissioner reasonably  believes  to  be  an assault weapon as defined in subdivision 16 of section 10-301  or as defined  in  such  rules,  a  written  notice  setting  forth  the  requirements and procedures relating to the disposition of such weapons,  and  the  criminal  and  civil  penalties  that  may be imposed upon the  permittee for  unlawful  possession  or  disposition  of  such  weapons.  Failure  by  the commissioner to send, or the permittee to receive, such  notice, shall not excuse  such  permittee  for  unlawful  possession  or  disposition of such weapons.    h.   Surrender   of   firearms.   At  the  discretion  of  the  police  commissioner, any person convicted of  violating  this  section  may  be  subject to immediate surrender of all firearms in his or her possession.

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