Village of Old Westbury, NY Chapter 106 Firearms

[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 10-4-1937 as Ch. 1, Art. XIV, of the General Ordinances; amended in its entirety 5-20-2019 by L.L. No. 7-2019. Amendments noted where applicable.]

GENERAL REFERENCES

Explosives — See Ch. 100.

Fireworks — See Ch. 111.

Noise — See Ch. 137.

Peace and good order — See Ch. 147.

§ 106-0 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FIREARM

A shotgun, rifle, revolver, pistol or any other device which emits a projectile by the force of an explosion.

WEAPON

A bow and arrow, crossbow, blow gun, sling shot, CO² gun, air gun, BB gun, or any other device which emits a projectile with a force other than an explosion.

§ 106-1 Discharge restricted.

No person shall:

A. Carry, point, aim, discharge or otherwise use any firearm or weapon in the open air within the corporate limits of the Village; or

B. Cause a projectile or bullet emitted from any firearm or weapon to pass over property situated or lying within the corporate limits of the Village; or

C. Willfully or negligently discharge in the open air any firearm or weapon in such manner as to endanger a person, dog, or other domestic animal or property or game protected by the wildlife laws of the state, notwithstanding that no injury ensues.

§ 106-2 Permitted discharges.

Subject to the restrictions of state law, the foregoing provisions of § 106-1 shall not apply to:

A. A police officer acting in discharge of their duties; or

B. Any owner when reasonably necessary for the protection of life or property or both, or in the act of self-defense.

C. The owner of a parcel of land or the owner's authorized agent to use a bow and arrow or crossbow on such parcel of land, and any adjoining parcel of land, if applicable, provided:

(1) The individual using the bow and arrow or crossbow holds a valid New York State Department of Environmental Conservation hunting license with a bow hunting privilege; and

(2) The landowner(s) is in possession of a valid New York State Department of Environmental Conservation deer damage permit; and

(3) The individual has, if applicable, obtained the prior written consent from any neighboring owner of land intended to be entered upon for the purpose of using a bow and arrow or crossbow pursuant to this section; and

(4) The landowner or the landowner's authorized agent notifies the Village of Old Westbury Police Department at least two business days prior to when the landowner, or its agent, executes the deer damage permit, and follows the protocols requested by the Village of Old Westbury Police Department which shall supervise all such activities.

§ 106-3 Discharge of artillery prohibited; exception.

No member of a military organization or any other persons shall discharge a cannon or other piece of artillery without a permit from the Mayor of the Village so to do. The provision of this section shall not be operative on July 4 of each year.

§ 106-4 Carrying of exposed weapons deemed presumptive evidence of an offense.

The carrying of any exposed firearm or weapon within the Village limits shall be presumptive evidence of a violation of this chapter.

§ 106-5 Penalties and offenses.

Any person violating any provision of this chapter shall pay a penalty of not more than $5,000, and in addition thereto, such violation shall constitute and is hereby declared to be disorderly conduct, and any person violating the same shall be and is hereby declared to be a disorderly person.