Shooting Airgun in residential neighbourhood

[Avator]

I was first investigated for shooting .22 rimfire after complaints from one of my neighbors. The officer said, "i see it's only aitguns and that you have good backstops."
Three weeks later the officer returns saying that the neighbor is still complaining so he checked the local law and found that in our parish, airguns are regulated under firearms laws, and that I indeed had to quit shooting. Then, completely off the record, it seems like he said, "Just move to the backyard out of sight." Which, off the record, I am in the process of doing.

Man, I hope this works out for you..
I'm afraid that if I had neighbors that crawled that far up into my business I would actively seek options. I worked all my life so that I could enjoy the golden years doing what I enjoy doing... I'm not about to let that go.

 

[.20calguy]

Man, I hope this works out for you..
I'm afraid that if I had neighbors that crawled that far up into my business I would actively seek options. I worked all my life so that I could enjoy the golden years doing what I enjoy doing... I'm not about to let that go.

The niehbor in question just moved from the neighborhood. Both times I was harassed he had people over so I stopped shooting and went inside and came back later after they left.
I discovered this by watching my shooting videos, and both occasions were a day prior to the police visits. So I'm pretty sure which neighbor it was now. The people with him may have been prospective buyer's and I was in the wrong place at the wrong time.
In the end it was my fault. I was shooting in my front yard from the front porch. The traps were hidden unless you were aligned with them. They may have been annoyed by the hits and associated noise? I don’t know because they never said a word, but they were right across the highway.

 

[357cal]

I think you’re confusing the DEC 600fps rule… My understanding is that an Airgun needs to make at least 600fps to be included in the definition of firearm for purposes of hunt and fishing laws. This is technically what makes them legal for small game. This definition only applies to hunt and fishing laws though, not in general. AFAIK airguns are not firearms for NYS laws so in NY it all rides on County/Town/Village laws. Some time back I checked with a sheriff of a town and was told “nothing in NYS laws preventing you, but stay current on county and town ordinances”. Was a few years back though… Obviously no legal advice, just some guy’s understanding, which may very well be wrong and/or outdated…

I think you’re confusing the DEC 600fps rule… My understanding is that an Airgun needs to make at least 600fps to be included in the definition of firearm for purposes of hunt and fishing laws. This is technically what makes them legal for small game. This definition only applies to hunt and fishing laws though, not in general. AFAIK airguns are not firearms for NYS laws so in NY it all rides on County/Town/Village laws. Some time back I checked with a sheriff of a town and was told “nothing in NYS laws preventing you, but stay current on county and town ordinances”. Was a few years back though… Obviously no legal advice, just some guy’s understanding, which may very well be wrong and/or outdated…

You cannot discharge any air gun (regardless of velocity) within 500 feet of a dwelling not owned by you, per Penal Law § 265.35. This is N.Y. STATE LAW.

 

[greenbeans]

You cannot discharge any air gun (regardless of velocity) within 500 feet of a dwelling not owned by you, per Penal Law § 265.35. This is N.Y. STATE LAW.

Not sure which law you are reading but the one Google is giving me says no discharge of Airgun in “public places” or where it could endanger a person. Don’t get me wrong, genuinely want to know and would definitely adapt what I’m doing if not legal. But the above doesn’t make sense to me based on the law. For what it’s worth, at least AI agrees with that:

New York Penal Law § 265.35 does not explicitly mention a 500-foot restriction for discharging an airgun near a dwelling. However, it does prohibit the willful discharge of an airgun in a public place or in any place where there is any person to be endangered thereby, except in cases of self-defense or official duty. In Putnam County specifically, the law prohibits discharging an airgun within one-quarter mile (1,320 feet) of any occupied school building, unless under supervised instruction by authorized instructors. This is broader than a 500-foot restriction and applies only to schools, not dwellings generally.

For dwellings, the law focuses on the potential to endanger persons rather than a specific distance like 500 feet. Discharging an airgun in a manner that could endanger someone, even without causing injury, is a class A misdemeanor under § 265.35(3)(a). The determination of illegality would depend on the circumstances, such as whether the discharge was in a public place or posed a risk to others, rather than a fixed distance from a dwelling.

Since the 500-foot restriction is not explicitly stated in § 265.35 for dwellings, it’s possible this distance is referenced in local ordinances or other regulations not covered by the state penal code. You may want to check municipal or county laws for specific restrictions on airgun discharge near dwellings. For a definitive answer, consulting a legal professional familiar with local laws is advisable.[](https://criminaldefense.1800nynylaw.com/new-york-penal-code-265-35-prohibited-use-of-weapons.html)[](https://www.nysenate.gov/legislation/laws/PEN/265.35)[](https://codes.findlaw.com/ny/penal-law/pen-sect-265-35/)