Rudy,,,,, Don't get to upset buddy,,,, the new airgun small game hunting law was not responsible for legally classifying airguns as "firearms". Airguns have been legally classified as "firearms" by the DEC for a very long time. The problem with the small game hunting laws was that the DEC stipulated that any "gun" could be used to hunt small game and while airguns were included in the definition of a "firearm" they were not included in the definition of a "gun". The DEC corrected this oversight by specifically adding airguns to the official definition of a "gun" and by doing so we are now legally permitted to use airguns that fit the defined criteria for small game hunting. They didn't really change any laws.... they simply changed the legal definition of the word "gun" and that new, revised definition enabled airguns to now be used to hunt small game animals that may be legally hunted with rimfire rifles.
Most NY airgunners were not aware that air guns have been legally considered a "firearm" by the E.C.L. but it's been like that for many years. The funny thing is that under the C.P.L. (criminal procedure law) and the P.L. (penal law) airguns are not considered "firearms". Basically the way to look at it is this....... if you're just shooting tin cans or targets in your backyard then your BB gun IS NOT legally considered a "firearm". However,,,, if a squirrel poses in front of your target and you now take aim at that squirrel then your BB gun instantly legally becomes a "firearm" under the E.C.L. (environmental conservation law) because it's being used as a hunting implement.
I spent 22 years working in law enforcement in NY so trust me, as weird as all this sounds it's true......
Something else to keep in the back of your mind is this..... since air guns are now both legally considered firearms and guns one should be careful about hunting with an air gun that is equipped with an aftermarket device designed to quiet the report of the air gun. As you know the DEC specifically prohibits the use of such "devices" on any firearm being used to hunt with. Whether the DEC officers would really enforce that section of law with regard to an air rifle remains to be seen,,,, but one never knows and I'd hate to be the guy who suffered the ramifications of getting charged with such a violation for as we all know the laws are very strict with regard to possession and use of such "devices".
I'm not trying to start any controversy here,, just saying it's something to keep in the back of your mind if you plan on heading out to hunt with an air rifle that is equipped with such a "device"......
Hope this makes you feel some better about the new hunting law change....
Jeff
