lidave

Grey squirrel opens Sept 1. Much bigger meal.

Well, you can definitely hunt small game with an airgun and a small game license. There doesn't seem to be any restrictions stopping a felon from obtaining a hunting license. And NYS doesn't seem to consider an airgun a firearm, so there doesn't seem to be a reason why a felon can't hunt small game with airgun and a small game license. IN either case he's going to speak to a lawyer, but I think he should be good to go.

So this is what I found so far: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=53916491+&TARGET=VIEW]NYS law: So, NYS does not consider an airgun a firearm. However, NYS and federal law prohibits felons from owning or using firearms. According to the definition above an airgun is not a firearm. My friend has a felony and would like to come hunting. DEC allows small game hunting with an air rifle, however, DEC considers (http://www.dec.ny.gov/regs/3934.html#13355), "FOR THE PURPOSES OF FISH AND WILDLIFE LAW" an airgun using .17 or larger, capable of 600 fps or more, a firearm. It seems that DEC and NYS don't agree. Which would be the relevant law determining whether or not an airgun is indeed a firearm and whether or not a felon can possess an airgun. I would think it's NYS law, since DEC only covers environmental law and DEC specifies that which seems to imply that they only consider it a firearm in order to allow it to be used for hunting since you must use a firearm to hunt small game. Ugh, lawyers suck.

My friend would like to come hunting with me this season. He has a felony on his record. I know he cannot possess a firearm, but can he hunt small game with an airgun? Will the felony stop him from getting his hunting license if he completes the class? Is an airgun considered a firearm? I can't seem to find a clear answer on DEC site or anywhere else.