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NY 500 Foot Rule

4K views 9 replies 5 participants last post by  user4687756 
#1 ·
Been a long time gun fanatic... but never quite got a good answer from folks on this question, including the police/sheriff/encon... each one has their own logic... so I figured I'd ask on this forum after spending a few hours doing some Google searches, to see what other masses have to say.

Here's my question that I posed: Is the 500 foot law in a radius from where I am standing/shooting or is it in the direction of the muzzle or my safe zone-of-fire of roughly 45 degrees?

Here's the law:
It is illegal to discharge a firearm, bow or crossbow:

  • so that the load or arrow passes over any part of a public highway,
  • within 500 feet of any school, playground, or an occupied factory or church,
  • within 500 feet of a dwelling, farm building or structure in occupation or use unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent.
  • You may hunt waterfowl, over water, within 500 feet of a dwelling or public structure as long as neither are within 500 feet in the direction you are shooting.

My neighbor and his kids shoot their .22LR and shotguns a lot right next to my house for target practice into a safe backstop/berm. Been doing it for years and years. I don't have any problems with it, and it makes me smile when they are out there. Heck, I would join them, but that 500 foot rules just makes me nervous and I expressed that to them. They totally understand, but even they asked folks and they haven't gotten a straight answer either.

Anyhow, if you go on a website that lets you do radius (circular areas on Google Maps), then him and his kids are definitely breaking this law, if it is the way I understand it. Technically the closest dwelling is 150 feet directly behind him across the road, and well, if I cared, well then about the same if not closer.

Most think the 500 foot rule applies only in the direction you are shooting/safe zone-of-fire.

So, what is it? 500 foot radius of where the firearm is being used, or 500 feet of where the muzzle is being pointed/fired, or a 45 degree safe zone-of-fire?

Seems like a cool forum... been searching it for years now. Finally joined, because I have a question... I generally don't like forums, only because info can get swayed... but this one I don't think has gotten me more swayed because no one have given me a justifiable answer including law enforcement.

Even if it's not a 500 foot radius, I still leave target practice for the range or backwoods where I have expressed written permission.
 
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#3 ·
The plain language of the statute prohibits the discharge of the firearm (not the travel of a projectile, not the impact of a projectile), thus you would use the firearm as the point-of-origin of the radius you're drawing. Additionally, I noticed that while you can give consent to one firing near your property, that activity is illegal whenever that building is occupied, even if you consent. New York Consolidated Laws, Environmental Conservation Law § 11-0931 | FindLaw
 
#4 ·
You didn't read the whole law because that's not what it says. I'd you have the owners consent it's ok even if they are home. Read down to exceptions it says they can't consent if it's a school and such. It doesn't say they can't consent if it's just a home.

b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to:
(1) The owner or lessee of the dwelling house, or members of his immediate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm within five hundred feet, a long bow within one hundred fifty feet, or a crossbow within two hundred fifty feet of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or playground, public structure, or occupied factory or church;

- See more at: New York Consolidated Laws, Environmental Conservation Law § 11-0931 | FindLaw
 
#5 · (Edited)
actually there are two parts and the second part includes an occupied dwelling,house occupied or used including school, playground ,church. please see the underlined portion for specifics

section 4 subsection a paragraph 2
(2) discharge a firearm within five hundred feet, a long bow within one hundred fifty feet, or a crossbow within two hundred fifty feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, public structure, or occupied factory or church;

section 4 paragraph 4 subsection b paragraph 1

b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to (1) The owner or lessee of the dwelling house, or members of his immediate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm within five hundred feet, a long bow within one hundred fifty feet, or a crossbow within two hundred fifty feet of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or playground, public structure, or occupied factory or church;
 
#9 ·
I've been told by troopers you need permission from everyone who's house is within 500 feet of where you are shooting. He said its best to get it in writing because they can change their mind one day and you are screwed. The way the law is written is weird but if your neighbor gives consent your golden.
 
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