Thursday, October 8, 2009

Air guns for small game DEC regulation change

Part 180, Section 3 - Definition of Firearms
This proposed rulemaking is necessary to allow pellet rifles for some hunting.
Text of Proposed Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Regulatory Impact Statement
How to Comment on Proposed Fish, Wildlife and Marine Resources Regulations
Comments will be accepted from September 16, 2009 through November 2, 2009.
Send comments to:Gordon R. BatchellerNYSDEC625 BroadwayAlbany, NY 12233-4754
or e-mail comments to: Proposed Rulemaking Part 180, Section 3 - Definition of Firearms
Part 180, Section 3 - Definition of Firearms - Express Terms
Express Terms
Section 180.3 of 6 NYCRR is amended as follows:
Section 180.3. Definition and use of firearms.
For the purposes of the Fish and Wildlife Law and this Title:
Subdivision (a) of 6 NYCRR section 180.3 is repealed and a new subdivision (a) of 6 NYCRR section 180.3 added:
(a) The terms "firearm" and "gun" shall mean:
(1) any rifle, pistol, revolver or shotgun which by force of gunpowder expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.

(2) any air-powered rifle or pistol with a rifled barrel, using ammunition no smaller than .17 caliber, and capable of producing projectile velocities of not less than 800 feet per second. For the purposes of the Fish and Wildlife Law, an air-powered rifle or pistol meeting the above specifications shall be considered a gun, and may be used to take protected wildlife whenever such protected wildlife may legally be taken with a rimfire rifle.

Contact for this Page:
Fish, Wildlife & Marine Resources
625 Broadway
Albany, NY 12233-4754

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