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Town of Smithtown, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (9) Index
[HISTORY: Adopted by the Town Board of the Town of Smithtown 1-10-1967. Amendments noted where applicable.]
This chapter shall be known as an "Ordinance Regulating the Discharge of Firearms in the Town of Smithtown."
The following definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein:
FIREARM
Includes a weapon which acts by the force of gunpowder or from which a shot is discharged by the force of an explosion, as well as an air rifle, an air gun, a BB gun, a slingshot and a bow and arrow.
[Amended 1-9-1990]
TOWN
Includes all areas within the Town of Smithtown, exclusive of areas wholly within any incorporated village.
The purpose of this chapter is to prohibit any person from discharging a firearm in those areas of the Town of Smithtown in which such activity may be hazardous to the general public or nearby residents.
[Amended 12-4-1973]
The discharge of firearms is deemed hazardous to the general public and, therefore, prohibited in all areas of the Town of Smithtown except those areas as stipulated under § 160-5, Exceptions.
[Added 10-29-1968; amended 12-4-1973]
A. 
Firearms may be discharged upon one’s own property and upon the property of another with the written consent of the landowner, provided that any such discharge of firearms does not occur within 500 feet from a dwelling, school or occupied structure, or a park, beach, playground or any other place of outdoor recreational or nonrecreational activities; and further provided that any such discharge of firearms does not violate the provisions of the New York State Environmental Conservation Law.
[Amended 1-9-1990; 4-3-2012]
B. 
Firearms may be discharged on the Nissequogue River only in the area defined as being within 50 feet of the high-water mark of the west bank and northward to Long Island Sound from a line formed by the westerly extension of the southerly boundary line of the Village of Nissequogue to the west bank.
Each area designated as a locality, wherein the discharge of a firearm is deemed prohibited, shall be posted with no fewer than two signs giving notice of such prohibition.
[Amended 1-9-1990]
Any person, firm, association or corporation violating any of the provisions of this chapter shall be guilty of an offense punishable by a fine or imprisonment, or both. However, for the purpose of confirming jurisdiction upon courts and judicial officers, such violation shall be deemed to be a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violation. Notwithstanding the foregoing, any person, firm, association or corporation violating any provision of this chapter shall be subject to a penalty in a sum not exceeding $250 for the first such violation and in a sum not exceeding $500 for any subsequent violation, said penalties to be in addition to any other damages that may be recovered by the Town of Smithtown in any court of competent jurisdiction.