Queens, NY asked in Criminal Law for New York

Q: Can I own an air powered gun, like a paintball gun solely for in home protection in NYC?

I am able to own a firearm, but choose not to because I live in an apartment building with close neighbors.

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2 Lawyer Answers
T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: New York City Administrative Code § 10-131 prohibits the possession of air pistols, air rifles, and other air guns in New York City without a license. The only exception is for licensed operators of amusement parks or pistol ranges.

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In New York City, air-powered guns, including paintball guns, fall under the jurisdiction of the NYC Administrative Code. The code generally prohibits the possession and use of air rifles and air pistols within the city limits, but there are some exceptions for permitted activities. Using such an air-powered gun for in-home protection is not one of these exceptions. Even though you are legally able to own a firearm, using a paintball gun for self-defense may not be compliant with local laws. If you're considering this for home protection, it's advisable to review the local regulations carefully and consult with legal counsel to understand the potential legal implications of using a paintball or air-powered gun for this purpose in NYC. Keep in mind that self-defense laws also apply to the use of non-lethal weapons.

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