[HISTORY: Adopted by the Town Board of the Town of Amherst as indicated in article histories. Amendments noted where applicable.]
Article I Air Guns, Air Rifles and Pistols
Article II Firearms
[Adopted 6-4-1951, effective 6-18-1951]
No person, other than in defense of person or property, shall carry or discharge any species of air gun, air pistol or rifle in the Town of Amherst, Erie County, New York, nor shall any person carry or discharge a shotgun within 750 feet of a building, street, road or public highway in said Town.
Every violation by any person of any of the provisions of this article shall be deemed to be an offense against this article and, upon conviction, said person shall be subject to a fine of not more than $100 and/or imprisonment not exceeding three months.
[Adopted 2-23-1976 by L.L. No. 2-1976]
The Town Board of Amherst, Erie County, New York, finds that the discharge of firearms within said Town, outside the limits of the Village of Williamsville, is hazardous to the residents of the Town and the general public.
Except as hereinafter permitted, no person, firm, association or corporation shall discharge any firearm or permit any firearm to be discharged within the Town of Amherst outside the Village of Williamsville. The foregoing prohibition shall not apply to duly constituted law enforcement officers engaged in the lawful performance of their duties or to persons acting in defense of persons or property or to the discharge of any firearm as part of target practice or trap shooting under proper supervision in an area or building occupied and maintained for that purpose.
Upon application by the owner of land within the Town of Amherst, the Town Clerk may issue a permit for the discharge of firearms thereon. The application shall be referred by the Clerk to the Police Department for its review. If, following such review, the Town Clerk determines that the discharge of firearms on the land area covered by the application will not violate any applicable law or regulations hereafter adopted by the Town Board or cause hazard to persons or property, he shall issue a permit to the owner authorizing the discharge of firearms on his land or such part thereof as the Town Clerk shall determine. The Town Clerk may further establish conditions or restrictions with respect to the permit in order to prevent hazard to persons or property. Each permit shall expire on the 31st of December next succeeding its issuance.
[Amended 2-3-1992 by L.L. No. 3-1992]
A violation of this article shall be deemed an offense and shall be punishable by a fine of not more than $250 or imprisonment not exceeding 15 days, or both.
If any section, clause or provision of this article or the application thereof to any person is adjudged to be invalid, the adjudication shall not affect other sections, clauses or provisions or the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and to this end the various sections, clauses and provisions of this article are declared to be severable.
The ordinance of the Town of Amherst regulating the discharge of firearms adopted October 1, 1951, as the same has been amended on September 25, 1961, and October 5, 1968, is hereby superseded.
This article shall take effect immediately.