I knew this was in the works but failed to notice that it was finally adopted:
Part 180, Section 3 - Definition of Firearms - Express Terms Adopted March 17, 2010
Express Terms
Section 180.3 of 6 NYCRR is repealed and a new section 180.3 of 6 NYCRR adopted as follows:
Section 180.3. Definition and use of firearms, guns, and airguns.
For the purposes of the Fish and Wildlife Law and this Title:
Subdivision (a) of 6 NYCRR section 180.3 is repealed and a new subdivision (a) and (b) of 6 NYCRR section 180.3 added:
(a) The terms "firearm" or "gun" shall mean any rifle, pistol, shotgun or muzzleloading firearm which by force of gunpowder, or an airgun as defined in subdivision (b), that expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.
(b) The term "airgun" shall mean any implement which by the force of a spring, air or other non-ignited compressed gas expels a missile or projectile and has a rifled or smooth barrel, using ammunition no smaller than .17 caliber, producing projectile velocities of not less than 600 feet per second. For the purposes of the Fish and Wildlife Law, an implement meeting the above specifications shall be considered a firearm or gun, and may be used to take protected wildlife whenever such protected wildlife may legally be taken with a rimfire rifle.