Wes,
This is the best source of information for hunting small game in NY State (outside NYC - Southern zone is the one we are in). I live 2 counties North of NYC which is the Southern Zone and follow these laws and regulations.
You will need to take the hunter safety course and obtain a hunting licence to hunt small game in NY. You can only hunt small game during the legal hunting season, unless you are hunting unprotected small game (like I usually do) which are the following according to the NY DEC web page:
"The few unprotected species include porcupine, red squirrel, woodchuck, English sparrow, starling, rock pigeon, and monk parakeet. Unprotected species may be taken at any time without limit. A hunting license is required to hunt unprotected wildlife with a bow or firearm."
Now normally an airgun is not considered a firearm by NY State Law except in NYC and a couple of other cities. However, when you read the Hunting regulations, they do consider BB/Pellet guns as firearms, and everytime they mention firearms in the regulations, they take airguns under consideration! For that reason, I usually purchase a Hunting license every year. However in my town, an airgun is not considered a firearm, so I can shoot it in my backyard, or don't have to be 500ft away from a dwelling (house/building, etc.).
Here are the Hunting regulations which clearly state that BB/Pellet guns are included everytime they mention "firearms" (see pg.16 of the PDF file).
Not much info on small game hunting except for the season dates.
Somethings are open to interpretation though. There is some mention of Turkey, pheasant, etc. that cannot be taken with a rifle or handgun (only shutgun, etc.). There is a special section about how to take Turkey (off that link above) and it includes only shotgun shot #2-8 & bow, so that is clear that no rifles of any kind are permitted. Others are open to interpretation but I am not willing to risk it. For Mink & muskrat it says only UP TO a .22 cal. can be used in a rifle, etc. Does that mean .22 airguns included? Rimfire only, or centerfire (.222/.223) as well? Not too clear.. Again I 'm not risking it. I 'd probably use a rimifire .22 if I were doing that kind of furbearer hunting. Also for Bobcat & Fox, they are not eliminating airguns which are included in the word: "firearms". I would not go hunting Fox and Bobcat with my springer unless I had a very powerful PCP (50-60FPE or a DAC 9mm) airgun and went for the head. They don't seem to exclude airguns or specify calibers for most. I also have a problem with the word "firearm" because in my town and county an airgun is not considered a firearm.
Again, you will find all kinds of ambiguities and some statements on one web page will even contradict statements made on another.
For example one web page says that a Hunting Licese is required to hunt protected AND unprotected small game, but I found another page that says you can shoot unprotected small game on your property and take the unprotected animal in any matter (club, sling, hands, gun, etc.) if it is considered a pest or destroying your crops, etc. Anyway, good luck and I hope you make the right decisions. Remember, the safest way to do "what you want", is to have a friend or relative with a lot of property upstate, preferrably fenced in Most of us don't
Posted on Nov 11, 2007, 11:25 AM from IP address 71.169.39.236
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Most of us don't 