N.Y. PEN. LAW § 265.20 : NY Code - Section 265.20: Exemptions

Search N.Y. PEN. LAW § 265.20 : NY Code - Section 265.20: Exemptions

a.  Sections  265.01,  265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
  265.12, 265.13, 265.15 and 270.05 shall not apply to:
    1. Possession of  any  of  the  weapons,  instruments,  appliances  or
  substances  specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
  and 270.05 by the following:
    (a) Persons in the military service of the state of New York when duly
  authorized by regulations issued by the adjutant general to possess  the
  same.
    (b)  Police  officers as defined in subdivision thirty-four of section
  1.20 of the criminal procedure law.
    (c) Peace  officers  as  defined  by  section  2.10  of  the  criminal
  procedure law.
    (d)  Persons in the military or other service of the United States, in
  pursuit of official  duty  or  when  duly  authorized  by  federal  law,
  regulation or order to possess the same.
    (e)   Persons  employed  in  fulfilling  defense  contracts  with  the
  government of the United States or agencies thereof when  possession  of
  the  same  is  necessary  for  manufacture,  transport, installation and
  testing under the requirements of such contract.
    (f)  A  person  voluntarily  surrendering  such  weapon,   instrument,
  appliance  or  substance,  provided that such surrender shall be made to
  the superintendent of the division of state police or a  member  thereof
  designated  by  such  superintendent, or to the sheriff of the county in
  which such person resides, or in the county of Nassau or in the towns of
  Babylon, Brookhaven, Huntington, Islip and Smithtown in  the  county  of
  Suffolk  to  the  commissioner  of  police  or  a  member  of the police
  department thereof designated by such commissioner, or  if  such  person
  resides  in  a  city, town other than one named in this subparagraph, or
  village to the police commissioner  or  head  of  the  police  force  or
  department  thereof or to a member of the force or department designated
  by such commissioner or head; and provided, further, that the same shall
  be surrendered  by  such  person  in  accordance  with  such  terms  and
  conditions as may be established by such superintendent, sheriff, police
  force  or  department.  Nothing  in this paragraph shall be construed as
  granting immunity from prosecution for any crime or offense except  that
  of  unlawful  possession  of  such  weapons,  instruments, appliances or
  substances surrendered as herein provided. A person  who  possesses  any
  such  weapon,  instrument,  appliance  or  substance  as  an executor or
  administrator or any other  lawful  possessor  of  such  property  of  a
  decedent  may  continue  to  possess such property for a period not over
  fifteen days. If such property is not lawfully disposed of  within  such
  period  the  possessor  shall  deliver  it  to  an  appropriate official
  described in this paragraph or such property may  be  delivered  to  the
  superintendent  of  state  police.  Such officer shall hold it and shall
  thereafter  deliver  it  on  the  written  request  of  such   executor,
  administrator  or  other  lawful  possessor  of such property to a named
  person, provided such named  person  is  licensed  to  or  is  otherwise
  lawfully  permitted  to  possess  the same. If no request to deliver the
  property is received by such official within one year of the delivery of
  such property, such official shall dispose of it in accordance with  the
  provisions of section 400.05 of this chapter.
    2.  Possession  of  a  machine-gun,  large capacity ammunition feeding
  device, firearm,  switchblade  knife,  gravity  knife,  pilum  ballistic
  knife,  billy  or  blackjack  by a warden, superintendent, headkeeper or
  deputy of a state prison, penitentiary, workhouse, county jail or  other
  institution  for  the detention of persons convicted or accused of crime

  or detained as witnesses in criminal cases, in pursuit of official  duty
  or when duly authorized by regulation or order to possess the same.
    3.  Possession  of  a pistol or revolver by a person to whom a license
  therefor has been issued as provided under section 400.00 or  400.01  of
  this  chapter;  provided,  that  such  a  license  shall  not preclude a
  conviction for the offense  defined  in  subdivision  three  of  section
  265.01 of this article.
    4.  Possession  of  a rifle, shotgun or longbow for use while hunting,
  trapping or fishing, by a person, not a citizen of  the  United  States,
  carrying  a  valid  license  issued  pursuant  to section 11-0713 of the
  environmental conservation law.
    5. Possession of a rifle or shotgun by a person other  than  a  person
  who  has  been  convicted  of  a  class  A-I  felony or a violent felony
  offense, as defined in subdivision one of section 70.02 of this chapter,
  who has been convicted as  specified  in  subdivision  four  of  section
  265.01 to whom a certificate of good conduct has been issued pursuant to
  section seven hundred three-b of the correction law.
    6. Possession of a switchblade or gravity knife for use while hunting,
  trapping  or  fishing by a person carrying a valid license issued to him
  pursuant to section 11-0713 of the environmental conservation law.
    7. Possession, at an indoor or outdoor shooting range for the  purpose
  of  loading  and  firing, of a rifle or shotgun, the propelling force of
  which is gunpowder by a person under sixteen years of age but not  under
  twelve, under the immediate supervision, guidance and instruction of (a)
  a  duly commissioned officer of the United States army, navy, air force,
  marine corps or coast guard, or of the national guard of  the  state  of
  New York; or (b) a duly qualified adult citizen of the United States who
  has  been  granted a certificate as an instructor in small arms practice
  issued by the United States army, navy, air force or marine corps, or by
  the adjutant general of this state, or by the national rifle association
  of America, a not-for-profit corporation duly organized under  the  laws
  of  this  state;  or (c) a parent, guardian, or a person over the age of
  eighteen designated in writing by such parent or guardian who shall have
  a certificate of qualification in responsible hunting, including safety,
  ethics, and landowner relations-hunter relations, issued or  honored  by
  the  department  of  environmental  conservation; or (d) an agent of the
  department of environmental conservation appointed to conduct courses in
  responsible  hunting  practices  pursuant  to  article  eleven  of   the
  environmental conservation law.
    7-a.  Possession and use, at an indoor or outdoor pistol range located
  in or on premises owned or occupied by a duly incorporated  organization
  organized  for  conservation  purposes or to foster proficiency in small
  arms or at a target pistol shooting competition under the auspices of or
  approved by the national rifle association for the  purpose  of  loading
  and  firing  the  same, by a person duly licensed to possess a pistol or
  revolver pursuant to section 400.00 or  400.01  of  this  chapter  of  a
  pistol  or revolver duly so licensed to another person who is present at
  the time.
    7-b. Possession and use, at an indoor or outdoor pistol range  located
  in  or on premises owned or occupied by a duly incorporated organization
  organized for conservation purposes or to foster  proficiency  in  small
  arms or at a target pistol shooting competition under the auspices of or
  approved  by  the  national rifle association for the purpose of loading
  and firing the same, by a person  who  has  applied  for  a  license  to
  possess a pistol or revolver and pre-license possession of same pursuant
  to section 400.00 or 400.01 of this chapter, who has not been previously
  denied  a  license,  been  previously  convicted  of a felony or serious
  offense, and who does not appear to be, or pose a threat to be, a danger

  to himself or to others, and who has been approved  for  possession  and
  use  herein in accordance with section 400.00 or 400.01 of this chapter;
  provided however, that such possession shall be of a pistol or  revolver
  duly  licensed  to and shall be used under the supervision, guidance and
  instruction  of,  a  person  specified  in  paragraph  seven   of   this
  subdivision  and provided further that such possession and use be within
  the jurisdiction of the licensing officer with whom the person has  made
  application therefor or within the jurisdiction of the superintendent of
  state  police  in  the case of a retired sworn member of the division of
  state police who has made an application pursuant to section  400.01  of
  this chapter.
    7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
  pistol or shotgun, the propelling force of  which  may  be  either  air,
  compressed  gas  or  springs, by a person under sixteen years of age but
  not  under  twelve,  under  the  immediate  supervision,  guidance   and
  instruction  of  (a)  a  duly  commissioned officer of the United States
  army, navy, marine corps or coast guard, or of the national guard of the
  state of New York; or (b) a duly qualified adult citizen of  the  United
  States who has been granted a certificate as an instructor in small arms
  practice  issued  by the United States army, navy or marine corps, or by
  the adjutant general of this state, or by the national rifle association
  of America, a not-for-profit corporation duly organized under  the  laws
  of  this  state;  or (c) a parent, guardian, or a person over the age of
  eighteen designated in writing by such parent or guardian who shall have
  a certificate of qualification in responsible hunting, including safety,
  ethics, and landowner relations-hunter relations, issued or  honored  by
  the department of environmental conservation.
    7-d.  Possession,  at  an  indoor  or  outdoor  shooting range for the
  purpose of loading and firing,  of  a  rifle,  pistol  or  shotgun,  the
  propelling  force of which may be either air, compressed gas or springs,
  by a person under twelve years of age, under the immediate  supervision,
  guidance  and  instruction  of  (a)  a  duly commissioned officer of the
  United States army, navy,  marine  corps  or  coast  guard,  or  of  the
  national  guard  of the state of New York; or (b) a duly qualified adult
  citizen of the United States who has been granted a  certificate  as  an
  instructor in small arms practice issued by the United States army, navy
  or  marine  corps,  or  by the adjutant general of this state, or by the
  national rifle association of America, a not-for-profit corporation duly
  organized under the laws of this state; or (c) a parent, guardian, or  a
  person  over the age of eighteen designated in writing by such parent or
  guardian who shall have a certificate of  qualification  in  responsible
  hunting,   including  safety,  ethics,  and  landowner  relations-hunter
  relations,  issued  or  honored  by  the  department  of   environmental
  conservation.
    7-e.  Possession  and  use  of  a  pistol or revolver, at an indoor or
  outdoor pistol range located in or on premises owned or  occupied  by  a
  duly incorporated organization organized for conservation purposes or to
  foster  proficiency  in  small  arms  or  at  a  target  pistol shooting
  competition under the auspices of  or  approved  by  an  association  or
  organization  described  in  paragraph  7-a  of this subdivision for the
  purpose of loading and firing the same by a  person  at  least  fourteen
  years of age but under the age of twenty-one who has not been previously
  convicted of a felony or serious offense, and who does not appear to be,
  or  pose  a  threat  to  be,  a danger to himself or to others; provided
  however, that such possession shall be of  a  pistol  or  revolver  duly
  licensed  to and shall be used under the immediate supervision, guidance
  and instruction of, a  person  specified  in  paragraph  seven  of  this
  subdivision.

    8.  The  manufacturer of machine-guns, assault weapons, large capacity
  ammunition feeding devices,  disguised  guns,  pilum  ballistic  knives,
  switchblade  or gravity knives, billies or blackjacks as merchandise and
  the disposal and shipment thereof direct to a regularly  constituted  or
  appointed  state  or  municipal police department, sheriff, policeman or
  other peace officer, or to  a  state  prison,  penitentiary,  workhouse,
  county  jail or other institution for the detention of persons convicted
  or accused of crime or held as witnesses in criminal cases,  or  to  the
  military service of this state or of the United States.
    9.  The  regular  and  ordinary  transport of firearms as merchandise,
  provided that the person transporting such firearms, where he  knows  or
  has  reasonable  means of ascertaining what he is transporting, notifies
  in  writing  the  police  commissioner,  police  chief  or   other   law
  enforcement  officer performing such functions at the place of delivery,
  of the name and address of the consignee and the place of delivery,  and
  withholds  delivery  to the consignee for such reasonable period of time
  designated in writing by such police commissioner, police chief or other
  law  enforcement  officer  as  such  official  may  deem  necessary  for
  investigation  as  to  whether  the  consignee  may lawfully receive and
  possess such firearms.
    9-a. a. Except as provided in subdivision b hereof,  the  regular  and
  ordinary transport of pistols or revolvers by a manufacturer of firearms
  to  whom  a  license as a dealer in firearms has been issued pursuant to
  section 400.00 of this chapter, or by  an  agent  or  employee  of  such
  manufacturer  of  firearms  who  is  otherwise  duly licensed to carry a
  pistol or revolver and  who  is  duly  authorized  in  writing  by  such
  manufacturer  of  firearms to transport pistols or revolvers on the date
  or dates specified, directly between places where  the  manufacturer  of
  firearms  regularly conducts business provided such pistols or revolvers
  are transported unloaded, in a locked opaque container. For purposes  of
  this  subdivision,  places  where the manufacturer of firearms regularly
  conducts business includes, but is  not  limited  to  places  where  the
  manufacturer  of  firearms regularly or customarily conducts development
  or design of pistols or revolvers, or regularly or customarily  conducts
  tests  on pistols or revolvers, or regularly or customarily participates
  in the exposition of firearms to the public.
    b. The transportation of such pistols or revolvers  into,  out  of  or
  within  the  city  of  New York may be done only with the consent of the
  police commissioner of the city of New York. To obtain such consent, the
  manufacturer must notify the police commissioner in writing of the  name
  and  address  of  the transporting manufacturer, or agent or employee of
  the manufacturer who is authorized in writing by  such  manufacturer  to
  transport pistols or revolvers, the number, make and model number of the
  firearms  to  be  transported  and  the  place  where  the  manufacturer
  regularly conducts business within the city of New York and  such  other
  information  as  the  commissioner  may deem necessary. The manufacturer
  must not transport such pistols and  revolvers  between  the  designated
  places  of  business  for  such  reasonable period of time designated in
  writing by the police commissioner as such official may  deem  necessary
  for  investigation  and to give consent. The police commissioner may not
  unreasonably withhold his consent.
    10. Engaging in the business of gunsmith or dealer in  firearms  by  a
  person  to  whom  a  valid  license therefor has been issued pursuant to
  section 400.00.
    11. Possession of a  firearm  or  large  capacity  ammunition  feeding
  device by a police officer or sworn peace officer of another state while
  conducting official business within the state of New York.

    12.  Possession of a pistol or revolver by a person who is a member or
  coach of an accredited college or university target  pistol  team  while
  transporting  the  pistol  or revolver into or through New York state to
  participate  in  a  collegiate,  olympic  or  target   pistol   shooting
  competition  under  the  auspices  of  or approved by the national rifle
  association, provided such pistol or revolver is unloaded and carried in
  a locked carrying case and the  ammunition  therefor  is  carried  in  a
  separate locked container.
    13.  Possession  of  pistols  and  revolvers  by  a  person  who  is a
  nonresident of this state while attending or traveling to  or  from,  an
  organized  competitive pistol match or league competition under auspices
  of, or approved by, the National Rifle Association and in which he is  a
  competitor, within forty-eight hours of such event or by a person who is
  a  non-resident  of the state while attending or traveling to or from an
  organized  match  sanctioned  by  the  International  Handgun   Metallic
  Silhouette   Association  and  in  which  he  is  a  competitor,  within
  forty-eight  hours  of  such  event,  provided  that  he  has  not  been
  previously  convicted  of a felony or a crime which, if committed in New
  York, would constitute a felony, and further provided that  the  pistols
  or  revolvers  are  transported  unloaded  in  a locked opaque container
  together with a copy of the  match  program,  match  schedule  or  match
  registration  card.  Such  documentation  shall  constitute  prima facie
  evidence of exemption, providing  that  such  person  also  has  in  his
  possession  a  pistol  license  or  firearms registration card issued in
  accordance with the laws of his place of residence. For purposes of this
  subdivision,  a  person  licensed  in  a  jurisdiction  which  does  not
  authorize  such license by a person who has been previously convicted of
  a  felony  shall  be  presumed  to  have  no   prior   conviction.   The
  superintendent  of  state  police  shall  annually  review  the  laws of
  jurisdictions within the United States and Canada with  respect  to  the
  applicable  requirements  for  licensing or registration of firearms and
  shall publish a list of those jurisdictions which prohibit possession of
  a firearm by a person previously convicted of a felony or  crimes  which
  if committed in New York state would constitute a felony.
    13-a.  Except in cities not wholly contained within a single county of
  the state, possession of pistols and revolvers by  a  person  who  is  a
  nonresident  of  this  state while attending or traveling to or from, an
  organized convention or exhibition for the display of or education about
  firearms, which is conducted under auspices  of,  or  approved  by,  the
  National  Rifle Association and in which he is a registered participant,
  within forty-eight hours of such event, provided that he  has  not  been
  previously  convicted  of a felony or a crime which, if committed in New
  York, would constitute a felony, and further provided that  the  pistols
  or  revolvers  are  transported  unloaded  in  a locked opaque container
  together with a copy of the convention or exhibition program, convention
  or exhibition schedule or convention or  exhibition  registration  card.
  Such  documentation  shall constitute prima facie evidence of exemption,
  providing that such person also has in his possession a  pistol  license
  or  firearms registration card issued in accordance with the laws of his
  place of residence. For purposes of this paragraph, a person licensed in
  a jurisdiction which does not authorize such license by a person who has
  been previously convicted of a felony shall be presumed to have no prior
  conviction. The superintendent of state police shall annually review the
  laws of jurisdictions within the United States and Canada  with  respect
  to the applicable requirements for licensing or registration of firearms
  and   shall  publish  a  list  of  those  jurisdictions  which  prohibit
  possession of a firearm by a person previously convicted of a felony  or
  crimes which if committed in New York state would constitute a felony.

    14.  Possession in accordance with the provisions of this paragraph of
  a self-defense spray device as defined herein for the  protection  of  a
  person  or  property  and  use  of  such self-defense spray device under
  circumstances which would justify the use of physical force pursuant  to
  article thirty-five of this chapter.
    (a)  As  used in this section "self-defense spray device" shall mean a
  pocket sized spray device which contains  and  releases  a  chemical  or
  organic  substance  which  is  intended  to  produce  temporary physical
  discomfort or disability through being vaporized or otherwise  dispensed
  in  the  air  or  any like device containing tear gas, pepper or similar
  disabling agent.
    (b) The exemption under this paragraph shall not  apply  to  a  person
  who:
    (i) is less than eighteen years of age; or
    (ii)  has  been  previously convicted in this state of a felony or any
  assault; or
    (iii) has been convicted of a crime outside  the  state  of  New  York
  which  if committed in New York would constitute a felony or any assault
  crime.
    (c) The department of health, with the cooperation of the division  of
  criminal  justice services and the superintendent of state police, shall
  develop standards and  promulgate  regulations  regarding  the  type  of
  self-defense spray device which may lawfully be purchased, possessed and
  used  pursuant  to  this  paragraph.  The  regulations  shall  include a
  requirement that every self-defense spray device which may  be  lawfully
  purchased,  possessed  or  used  pursuant to this paragraph have a label
  which states: "WARNING: The use of this  substance  or  device  for  any
  purpose other than self-defense is a criminal offense under the law. The
  contents are dangerous - use with care. This device shall not be sold by
  anyone  other  than  a licensed or authorized dealer. Possession of this
  device by any person under the age of eighteen or by anyone who has been
  convicted of a felony or assault is illegal. Violators may be prosecuted
  under the law."
    15. Possession and sale of a self-defense spray device as  defined  in
  paragraph  fourteen of this subdivision by a dealer in firearms licensed
  pursuant to section  400.00  of  this  chapter,  a  pharmacist  licensed
  pursuant  to article one hundred thirty-seven of the education law or by
  such  other  vendor  as  may  be  authorized   and   approved   by   the
  superintendent of state police.
    (a)  Every self-defense spray device shall be accompanied by an insert
  or inserts which include directions  for  use,  first  aid  information,
  safety  and storage information and which shall also contain a toll free
  telephone number for the purpose of allowing any purchaser to  call  and
  receive  additional  information  regarding  the  availability  of local
  courses in self-defense training and safety in the use of a self-defense
  spray device.
    (b) Before delivering a self-defense spray device to any  person,  the
  licensed  or  authorized  dealer  shall require proof of age and a sworn
  statement on a form approved by the superintendent of state police  that
  such person has not been convicted of a felony or any crime involving an
  assault.  Such  forms shall be forwarded to the division of state police
  at such intervals as directed by the  superintendent  of  state  police.
  Absent  any such direction the forms shall be maintained on the premises
  of the vendor and shall be open at all reasonable hours  for  inspection
  by  any  peace  officer or police officer, acting pursuant to his or her
  special duties. No more than two self-defense spray devices may be  sold
  at any one time to a single purchaser.

    16.  The terms "rifle," "shotgun," "pistol," "revolver," and "firearm"
  as used in paragraphs three, four, five, seven, seven-a, seven-b,  nine,
  nine-a,  ten,  twelve, thirteen and thirteen-a of this subdivision shall
  not include a disguised gun or an assault weapon.
    b.  Section 265.01 shall not apply to possession of that type of billy
  commonly known as a "police baton" which is  twenty-four  to  twenty-six
  inches  in  length  and  no  more  than  one  and  one-quarter inches in
  thickness by members of an auxiliary police  force  of  a  city  with  a
  population  in  excess  of  one million persons or the county of Suffolk
  when duly authorized  by  regulation  or  order  issued  by  the  police
  commissioner  of such city or such county respectively. Such regulations
  shall require training in the use of the police baton including but  not
  limited  to  the defensive use of the baton and instruction in the legal
  use of deadly physical force pursuant to  article  thirty-five  of  this
  chapter.  Notwithstanding  the  provisions  of this section or any other
  provision of law, possession of such baton shall not be authorized  when
  used  intentionally  to strike another person except in those situations
  when the use of deadly physical force  is  authorized  by  such  article
  thirty-five.
    c. Sections 265.01, 265.10 and 265.15 shall not apply to possession of
  billies or blackjacks by persons:
    1.  while  employed  in  fulfilling contracts with New York state, its
  agencies or political  subdivisions  for  the  purchase  of  billies  or
  blackjacks; or
    2.  while  employed  in fulfilling contracts with sister states, their
  agencies or political  subdivisions  for  the  purchase  of  billies  or
  blackjacks; or
    3.  while  employed  in  fulfilling  contracts with foreign countries,
  their agencies or political subdivisions for the purchase of billies  or
  blackjacks as permitted under federal law.
    d.  Subdivision  one of section 265.01 and subdivision four of section
  265.15 of this article shall not apply to  possession  or  ownership  of
  automatic knives by any cutlery and knife museum established pursuant to
  section  two  hundred sixteen-c of the education law or by any director,
  officer, employee, or agent thereof when he or she is in  possession  of
  an  automatic  knife  and  acting in furtherance of the business of such
  museum.