§ 265.20 Exemptions.
a. Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 shall not apply to:
(As amended by L.2019 c.130 effective 07/29/19.)
* NB Effective until January 26, 2020
* Paragraph (h) of subdivision twenty-two of section 265.00 and
sections 265.01, 265.01-a, 265.01-b, 265-01-c, 265.02, 265.03, 265.04,
265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37, 265.50,
265.55 and 270.05 shall not apply to:
* NB Effective January 26, 2020
(As amended by L.2019 c.134 effective 01/26/20.)
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.01-c, 265.02, 265.03,
265.04, 265.05 and 270.05 by the following:
(As amended by L.2019 c.130 effective 07/29/19.)
(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 proce-
dure 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, regu-
lation or order to possess the same.
(e) Persons employed in fulfilling defense contracts with the govern-
ment 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, appli-
ance 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 depart-
ment 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 there-
of or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same shall be surren-
dered by such person in accordance with such terms and conditions as may
be established by such superintendent, sheriff, police force or depart-
ment. 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 writ-
ten 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 [two years]
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 chap-
ter.
(As amended L.2006 c.578 effective 11/01/06.)
2. Possession of a machine-gun, large capacity ammunition feeding
device, rapid-fire modification device, firearm, switchblade 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.
(As amended by L.2019 c.34 effective 05/30/19.)
(As amended by L.2019 c.130 effective 07/29/19.)
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 or possession of a weapon as defined in paragraph (e) or
(f) of subdivision twenty-two of section 265.00 of this article which is
registered pursuant to paragraph (a) of subdivision sixteen-a of section
400.00 of this chapter or is included on an amended license issued
pursuant to section 400.00 of this chapter. In the event such license
is revoked, other than because such licensee is no longer permitted to
possess a firearm, rifle or shotgun under federal or state law, informa-
tion sufficient to satisfy the requirements of subdivision sixteen-a of
section 400.00 of this chapter, shall be transmitted by the licensing
officer to the state police, in a form as determined by the superinten-
dent of state police. Such transmission shall constitute a valid regis-
tration under such section. Further provided, notwithstanding any other
section of this title, a failure to register such weapon by an individ-
ual who possesses such weapon before the enactment of the chapter of the
laws of two thousand thirteen which amended this paragraph and may so
lawfully possess it thereafter upon registration, shall only be subject
to punishment pursuant to paragraph (c) of subdivision sixteen-a of
section 400.00 of this chapter; provided, that such a license or regis-
tration shall not preclude a conviction for the offense defined in
subdivision three of section 265.01 of this article or section 265.01-a
of this article.
(As amended by L.2013 c.1)
3-a. Possession of a pistol or revolver by a person undergoing live-
fire range training pursuant to section 400.00 of this chapter while
such person is undergoing such training and is supervised by a duly
authorized instructor.
(Added by L.2022 c.371 effective 09/01/22.)
4. Possession of a rifle, shotgun, crossbow 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.
(As amended by L.2014 c.55 effective 04/01/14.)
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.
(As amended by L.2007 c.235 effective 10/16/07.)
6. Possession of a switchblade 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.
(As amended by L.2019 c.34 effective 05/30/19.)
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 instruc-
tion 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 organ-
ized 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 conser-
vation; 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 therefore
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 instruc-
tion 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 adju-
tant 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 eigh-
teen 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 conser-
vation.
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 competi-
tion under the auspices of or approved by an association or organization
described in paragraph 7-a of this subdivision for the purpose of load-
ing and firing the same by a person at least [eighteen] 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 subdi-
vision.
(As amended L.2006 c.281 effective 07/26/06.)
7-f. Possession and use of a magazine, belt, feed strip or similar
device, that contains more than seven rounds of ammunition, but that
does not have a capacity of or can readily be restored or converted to
accept more than ten rounds of ammunition, at an indoor or outdoor
firing range located in or on premises owned or occupied by a duly
incorporated organization organized for conservation purposes or to
foster proficiency in arms; at an indoor or outdoor firing range for the
purpose of firing a rifle or shotgun; at a collegiate, olympic or target
shooting competition under the auspices of or approved by the national
rifle association; or at an organized match sanctioned by the Interna-
tional Handgun Metallic Silhouette Association.
(Added by L.2013 c.1)
8. The manufacturer of machine-guns, firearm silencers, assault
weapons, large capacity ammunition feeding devices, rapid-fire
modification devices, disguised guns, pilum ballistic knives,
switchblade or gravity knives, billies or blackjacks as merchandise, or
as a transferee recipient of the same for repair, lawful distribution or
research and development, and the disposal and shipment thereof direct
to a regularly constituted or appointed state or municipal police
department, sheriff, police officer 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; or for the repair and return of the same to the
lawful possessor or for research and development.
(As amended by L.2019 c.130 effective 07/29/19.)
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 enforce-
ment officer performing such functions at the place of delivery, of the
name and address of the consignee and the place of delivery, and with-
holds 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 investi-
gation 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 regular-
ly conducts business within the city of New York and such other informa-
tion 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 investi-
gation 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 competi-
tion under the auspices of or approved by the national rifle associ-
ation, provided such pistol or revolver is unloaded and carried in a
locked carrying case and the ammunition therefor is carried in a sepa-
rate locked container.
12-a. Possession and use of a pistol or revolver, at an indoor or
outdoor shooting range, by a registered student of a higher education
institution chartered by the state of New York, who is participating in
a course in gun safety and proficiency offered by such institution,
under the immediate supervision, guidance, and instruction of a person
specified in paragraph seven of this subdivision.
(Added by L.2012 c.330 effective 08/01/12.)
13. Possession of pistols and revolvers by a person who is a nonresi-
dent 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 compet-
itor, within forty-eight hours of such event or by a person who is a
nonresident of the state while attending or traveling to or from an
organized match sanctioned by the International Handgun Metallic Silhou-
ette 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 trans-
ported unloaded in a locked opaque container together with a copy of the
match program, match schedule or match registration card. Such documen-
tation 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 pursu-
ant 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 thick-
ness 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 inten-
tionally 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.
NYSentencing