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Thread: 500 feet away?

  1. #1
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    Default 500 feet away?

    It is unlawful to discharge a firearm within five hundred feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church.

    Does this law include your own home or just that of others? I was out shooting today and some guy down the road started yelling at me that its illegal and I'm too close to his house but I know I'm far enough away from his. Now it got me thinking about mine.

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  3. #2
    Captain G-Khan71's Avatar
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    I was told it was any structure, guess I was misinformed
    Last edited by G-Khan71; 04-14-2012 at 09:26 PM.

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    Sergeant NYcarry's Avatar
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    It does not include yours, nor any dwellings that you have permission from. Not including Schools.
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  5. #4
    Sergeant NYcarry's Avatar
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    t is illegal to discharge a firearm or bow:
    • so that the load or arrow passes over any part of a public highway,
    • within 500 feet of any school, playground, or an occupied factory or church,
    • within 500 feet of a dwelling, farm building or structure in occupation or use unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent.
    • You may hunt waterfowl, over water, within 500 feet of a dwelling or public structure as long as neither are within 500 feet in the direction you are shooting.
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    He is incorrect. I am going to bed so I am not going to find and post the actual law but this is from DEC website and the law is in environmental conservation law.

    within 500 feet of a dwelling, farm building or structure in occupation or use unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent.
    Hunting Regulations - NYS Dept. of Environmental Conservation

    Its near the bottom of the page.

    Basically if you are not within 500 feet of any of your neighbors property and there is no local law forbidding the discharge of firearms where you live then you are fine.
    Also you might want to look into noise ordinances for your area,

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    Thank you guys. That's what I needed. I'm like a mile away from him, he's just probably one of those anti gunners ya know

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    500 feet from a road, dwelling or other inhabited building, exceptions to this law are private properties where you have permission to shoot, obviously you would be giving yourself permission to discharge a firearm on your own property, if you are 500 feet away from his house then there is nothing he can do, and depending on how he is treating you, you can calmly explain this to him or just tell him to **** off, either way you aren't going to get in trouble unless he manages to get a noise complaint against you.


    Let me add please that you need to be sure you aren't firing in the direction of his house, I'm sure that is obvious but even a buckshot pellet could travel much farther then you would expect it to sometimes.
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  9. #8
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    Let me add please that you need to be sure you aren't firing in the direction of his house, I'm sure that is obvious but even a buckshot pellet could travel much farther then you would expect it to sometimes.[/QUOTE]

    Yea I know. I shoot in the opposite direction facing my 40 acre field and always shoot down toward the dirt just in case. Thanks

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    If you were the only house around within a mile radius you could shoot out of your window for all the DEC cared.

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    No. You dont need to be 500 feet from a road.

    Quote Originally Posted by DystruktoBoi1 View Post
    500 feet from a road, dwelling or other inhabited building, exceptions to this law are private properties where you have permission to shoot, obviously you would be giving yourself permission to discharge a firearm on your own property, if you are 500 feet away from his house then there is nothing he can do, and depending on how he is treating you, you can calmly explain this to him or just tell him to **** off, either way you aren't going to get in trouble unless he manages to get a noise complaint against you.


    Let me add please that you need to be sure you aren't firing in the direction of his house, I'm sure that is obvious but even a buckshot pellet could travel much farther then you would expect it to sometimes.
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    Colonel DystruktoBoi1's Avatar
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    Quote Originally Posted by Jeff View Post
    No. You dont need to be 500 feet from a road.

    Oh.....a highway then? I thought there was something about where cars were.....either way thanks for the information.
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  13. #12
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    Im also concerned with the 500ft away from a road part. I know it states nowhere in the law book about being 500ft away from a road but everytime the cops get called on me i get the same questions. "are you 500ft away from a house, are you allowed to be on this property, ARE YOU 500FT AWAY FROM THE ROAD, etc.." cops always ask that.

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    Quote Originally Posted by DannyDifalco View Post
    Im also concerned with the 500ft away from a road part. I know it states nowhere in the law book about being 500ft away from a road but everytime the cops get called on me i get the same questions. "are you 500ft away from a house, are you allowed to be on this property, ARE YOU 500FT AWAY FROM THE ROAD, etc.." cops always ask that.

    House or property I could understand, but a road? Shouldn't they know where the roads are they probably came on them lol

    And yes I've always heard roads fall into the 500 foot thing too, maybe it is only certain ones like highways I don't know, for common sense safety I think I'll make sure to not shoot around roads anyway.
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    You do not need to be 500 feet away from a road ... your projectile cannot cross the road - you cannot fire from the road

    "Discharge of Firearms and Bows

    It is illegal to discharge a firearm or bow:

    so that the load or arrow passes over any part of a public highway,
    within 500 feet of any school, playground, or an occupied factory or church,
    within 500 feet of a dwelling, farm building or structure in occupation or use unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent.
    You may hunt waterfowl, over water, within 500 feet of a dwelling or public structure as long as neither are within 500 feet in the direction you are shooting."

    FROM : Hunting Regulations - NYS Dept. of Environmental Conservation
    Last edited by demerson; 04-14-2012 at 11:47 PM.
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  16. #15
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    Post #4 specifically says 'discharge over highway'
    No 500 feet anywhere about it.
    You just can't shoot across a road.


    Technically it would be legal to stand off the shoulder on your property and loft one parallel to the road as long as it didn't break the plane of the shoulder or pavement and the other rules were followed.

    Gotta watch out for them 'setback' areas where ton/city/statr claim x feet off either side as that's 'thier' land and they ain't giving permission to shoot on it.
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    Quote Originally Posted by Tifosi View Post
    Post #4 specifically says 'discharge over highway'
    No 500 feet anywhere about it.
    You just can't shoot across a road.


    Technically it would be legal to stand off the shoulder on your property and loft one parallel to the road as long as it didn't break the plane of the shoulder or pavement and the other rules were followed.

    Gotta watch out for them 'setback' areas where ton/city/statr claim x feet off either side as that's 'thier' land and they ain't giving permission to shoot on it.

    Alright cool, thanx for the info, as I said I would probably not wanna shoot near a road anyway, it might turn somewhere up the line that you aren't aware of and a stray bullet could cross it, but it is good to know the actual wording of the law.
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  18. #17
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    Ya.
    I wouldn't suggest it either, but, you could make a defense argument if you somehow got in the poo over it.

    It would mearly be stupid, not illegal.

    EDIT:
    Might even be worthwhile to have a copy of the law on hand so you can play show and tell.
    Last edited by Tifosi; 04-15-2012 at 12:33 AM.
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    Quote Originally Posted by DystruktoBoi1 View Post
    House or property I could understand, but a road? Shouldn't they know where the roads are they probably came on them lol

    And yes I've always heard roads fall into the 500 foot thing too, maybe it is only certain ones like highways I don't know, for common sense safety I think I'll make sure to not shoot around roads anyway.
    Lol yea. But they usually wait outside the woods for me to come out so they don't really know the exact location I'm shooting at.

  20. #19
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    If you were on the northway you would have to be outside the fence that runs along side the road. If you are on a road w/a shoulder you have to be off the shoulder. If you are on a dirt road w/no shoulder you have to be off the road.
    You cannot discharge a firearm w/in 500 ft. of an OCCUPIED dwelling.

  21. #20
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    i was target shooting against my brother-inlaws building on cole rd. in town of boston erie county. neighbors called the police , complained the shoots spoked his horses, my 12yr was fireing as the sheffif snuck up behind us. obiosly i took the handgun from JR. and dropped the mag out, and secured in holster. this by the way happened in feb. it was nice out, sheriff asked the questions ,showed permit, i told him my brother-inlaw allows me to do as we were. he looked around and said i guess your shooting is disturbing the horses over there well, thats like half- 3/4 mile away. he began to walk away and told my boy you will getbetter in time. So there is an example to a question that you can shoot within 0-? feet away from buildings owned with permission,same goes for your own land.Jon

  22. #21
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    We were shooting clays one afternoon in my shale pit when the sheriff drives up. Must have spooooooked one of our wonderful neighbors. He looked over our bird thrower set up as pictured in another post. He couldn't say much as we were legal. I asked if he had a shotgun in his car and wanted to shoot a few. He declined but hung around a bit. I got the impression he wanted us to stop but didn't say anything. I told him we'd be done in an hour or so (dinner time). He left. Being in Albany county we seem to have many moving into the area from the NYC. I hope they get used to the shooting quickly as I plan on doing alot of shooting this summer.

  23. #22
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    They prolly are used to shooting, just not shooting for sport.
    If there's no such thing as trolls, how do you explain all the dead unicorns?

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    I really envy those that can shoot on their own property.

    I'm on 1.1 acres. I've got plenty of room to set up a range with a backdrop.

    But I'm inside city limits where it's prohibited.

    Sigh.

  25. #24
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    The actual law the info on the DEC website comes from is NYS Environmental Law, Article 11, Title 9, Section 31, subsection 4 (§ 11-0931).

    Be sure to read part (b), that's where exemptions to part (a) are listed.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

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