what type of crime is it to use a shot gun in a ny state park or being in possession

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what type of crime is it to use a shot gun in a ny state park or being in possession

Asked on May 11, 2009 under Criminal Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't understand.  Are you asking if it is a felony or misdemeanor? Why in the world would you be possessing a gun in New York State unless you were up to no good and not an undercover officer? Same issue with firing it?

Look through these because I am unsure as to what context the above actions occurred:

https://law.justia.com/newyork/codes/penal/idx_pen0p3tpa265.html

 

https://law.justia.com/newyork/codes/penal/idx_pen0p3tna240.html

 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not exactly sure what you are asking here.  Do you need a license for a shotgun?  Do you need a license to hunt in a NY state park?  Or both? Anyway, here goes.

In NY there is no state licensing requirement for the possession of a rifle or shotgun, although any person convicted of a felony or other serious offense and any person who "has been certified not suitable to possess a rifle or shotgun" (mentally incompetent) is prohibited from possession. A person who has been convicted of a felony or other serious offense may obtain a certificate of good conduct which will then permit him to possess rifles and shotguns.  Generally, it is unlawful for anyone under the age of 16 to possess any firearm; however, a rifle or shotgun may be possessed by a person between the ages of 12 and 16 who is engaged in supervised target shooting on a range. A minor at least 14 years of age may hunt with any rifle or shotgun, provided he has a valid hunting license and is accompanied by his parent, guardian or other parentally-designated adult who also holds a valid hunting license.

To hunt in NY you do need a valid permit.  Here is the relevant info: www.dec.ny.gov/permits/6094.html


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