N.Y. Comp. Codes R. & Regs. tit. 6 § 170.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 170.5 - Permit to possess a loaded firearm in a motor vehicle

(a) Definitions.

(1) Nonambulatory hunter means a physically disabled person, otherwise legally authorized and qualified to hunt with a firearm, who is unable to move about except with the use of a mechanized aid.

(2) Nonambulatory hunter permit means a permit issued pursuant to this section authorizing possession of a loaded firearm in a motor vehicle.

(3) Certification means a signed statement by a licensed physician certifying the need for the applicant to use a mechanized aid and the nature, degree and term of physical disability.

(4) Mechanized aid means a wheelchair or other similar mechanically powered device.

(5) Motor vehicle means every vehicle or other device operated by any power other than muscle power, and includes but is not limited to automobiles, trucks, motorcycles, tractors, trailers, motorboats, snowmobiles and snow travelers whether operated on or off public highways.

(b) A nonambulatory hunter may make application to the department pursuant to Environmental Conservation Law, section 11-0931(2), for a nonambulatory hunter permit authorizing possession of a loaded firearm in or on a motor vehicle. To obtain such permit the applicant must:

(1) provide certification that he or she is unable to move about except with the use of a mechanized aid;

(2) possess a valid New York State hunting license; and

(3) provide two (one inch by one inch) full face photographs, one of which will be affixed to the permit.

(c) Application for a permit or renewal of a permit thereof must be made on forms provided by the department. Permits are valid for five years from the date of issuance or until the permittee is no longer nonambulatory, whichever occurs first.

(d) Permits are issued subject to the following conditions:

(1) A permit must be in the holder's possession while possessing a loaded firearm in or on a motor vehicle. The permittee must also be in possession of all other required licenses and permits.

(2) The holder of the permit is subject to all other applicable provisions of the Environmental Conservation Law and rules and regulations adopted pursuant thereto.

(3) The motor vehicle in or on which the loaded firearm is possessed must be off the public highway right-of-way, at a complete stop and with the engine off.

(4) Only one loaded firearm may be possessed in or on a motor vehicle.

(5) Only the permit holder may discharge the firearm.

(6) A permit does not authorize possession of a loaded firearm in or on a motor vehicle between sunset and sunrise unless so provided on the permit.

(e) A nonambulatory hunter who has been issued a permit to possess a loaded firearm in or on a motor vehicle may be issued a permit to take a deer of either sex during the regular firearm season in any deer management unit area where deer management permits have been issued for the same season. Application for such permit must be on a form provided by the department and must be accompanied with:

(1) evidence of having been issued a permit to possess a loaded firearm in or on a motor vehicle;

(2) a complete (unseparated) two-part carcass tag set from a valid big game hunting license; and

(3) a permit fee of $5.

(f) The department may waive or modify the application of any requirement for eligibility for a permit issued pursuant to this section where it finds the application thereof to any individual would be inequitable, discriminatory or not in accord with public policy.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 170.5

Amended New York State Register October 30, 2019/Volume XLI, Issue 44, eff. 10/30/2019