[HISTORY: Adopted by the Town Board of the Town of Amherst
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-4-1951, effective 6-18-1951]
[Amended 10-9-1961]
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.
[Amended 5-31-1966]
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.
