in NY, are you allowed to bowhunt if you have a felony record?
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in NY, are you allowed to bowhunt if you have a felony record?
Asked on April 17, 2009 under Criminal Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
§ 530.14 Suspension and revocation of a license to carry, possess,
repair or dispose of a firearm or firearms pursuant to
section 400.00 of the penal law and ineligibility for such
a license; order to surrender firearms.
1. Mandatory and permissive suspension of firearms license and
ineligibility for such a license upon issuance of temporary order of
protection. Whenever a temporary order of protection is issued pursuant
to subdivision one of section 530.12 or subdivision one of section
530.13 of this article:
(a) the court shall suspend any such existing license possessed by the
defendant, order the defendant ineligible for such a license and order
the immediate surrender of any or all firearms owned or possessed where
the court receives information that gives the court good cause to
believe that (i) the defendant has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal law; (ii) the
defendant has previously been found to have willfully failed to obey a
prior order of protection and such willful failure involved (A) the
infliction of physical injury, as defined in subdivision nine of section
10.00 of the penal law, (B) the use or threatened use of a deadly weapon
or dangerous instrument as those terms are defined in subdivisions
twelve and thirteen of section 10.00 of the penal law, or (C) behavior
constituting any violent felony offense as defined in section 70.02 of
the penal law; or (iii) the defendant has a prior conviction for
stalking in the first degree as defined in section 120.60 of the penal
law, stalking in the second degree as defined in section 120.55 of the
penal law, stalking in the third degree as defined in section 120.50 of
the penal law or stalking in the fourth degree as defined in section
120.45 of such law; and
(b) the court may where the court finds a substantial risk that the
defendant may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the temporary order of protection
is issued, suspend any such existing license possessed by the defendant,
order the defendant ineligible for such a license and order the
immediate surrender of any or all firearms owned or possessed.
2. Mandatory and permissive revocation or suspension of firearms
license and ineligibility for such a license upon issuance of an order
of protection. Whenever an order of protection is issued pursuant to
subdivision five of section 530.12 or subdivision four of section 530.13
of this article:
(a) the court shall revoke any such existing license possessed by the
defendant, order the defendant ineligible for such a license and order
the immediate surrender of any or all firearms owned or possessed where
such action is required by section 400.00 of the penal law; and
(b) the court may where the court finds a substantial risk that the
defendant may use or threaten to use a firearm unlawfully against the
person or persons for whose protection the order of protection is
issued, (i) revoke any such existing license possessed by the defendant,
order the defendant ineligible for such a license and order the
immediate surrender of any or all firearms owned or possessed or (ii)
suspend or continue to suspend any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or possessed.
3. Mandatory and permissive revocation or suspension of firearms
license and ineligibility for such a license upon a finding of a willful
failure to obey an order of protection. Whenever a defendant has been
found pursuant to subdivision eleven of section 530.12 or subdivision
eight of section 530.13 of this article to have willfully failed to obey
an order of protection issued by a court of competent jurisdiction in
this state or another state, territorial or tribal jurisdiction, in addition to any other remedies available pursuant to subdivision eleven of section 530.12 or subdivision eight of section 530.13 of this article: (a) the court shall revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms owned or possessed where the willful failure to obey such order involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iv) behavior constituting stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; and (b) the court may where the court finds a substantial risk that the defendant may use or threaten to use a firearm unlawfully against the person or persons for whose protection the order of protection was issued, (i) revoke any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms owned or possessed or (ii) suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms owned or possessed. 4. Suspension. Any suspension order issued pursuant to this section shall remain in effect for the duration of the temporary order of protection or order of protection, unless modified or vacated by the court. 5. Surrender. (a) Where an order to surrender one or more firearms has been issued, the temporary order of protection or order of protection shall specify the place where such firearms shall be surrendered, shall specify a date and time by which the surrender shall be completed and, to the extent possible, shall describe such firearms to be surrendered, and shall direct the authority receiving such surrendered firearms to immediately notify the court of such surrender. (b) The prompt surrender of one or more firearms pursuant to a court order issued pursuant to this section shall be considered a voluntary surrender for purposes of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law. The disposition of any such firearms shall be in accordance with the provisions of subdivision six of section 400.05 of the penal law. (c) The provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all pistols, revolvers, rifles, shotguns or other firearms owned or possessed by a defendant pursuant to sections 530.12 or 530.13 of this article. 6. Notice. (a) Where an order of revocation, suspension or ineligibility has been issued pursuant to this section, any temporary order of protection or order of protection issued shall state that such firearm license has been suspended or revoked or that the defendant is ineligible for such license, as the case may be. (b) The court revoking or suspending the license, ordering the defendant ineligible for such a license, or ordering the surrender of any firearm shall immediately notify the duly constituted police
authorities of the locality concerning such action and, in the case of orders of protection and temporary orders of protection issued pursuant to section 530.12 of this article, shall immediately notify the statewide registry of orders of protection. (c) The court revoking or suspending the license or ordering the defendant ineligible for such a license shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. (d) Where an order of revocation, suspension, ineligibility or surrender is modified or vacated, the court shall immediately notify the statewide registry of orders of protection and the duly constituted police authorities of the locality concerning such action and shall give written notice thereof without unnecessary delay to the division of state police at its office in the city of Albany. 7. Hearing. The defendant shall have the right to a hearing before the court regarding any revocation, suspension, ineligibility or surrender order issued pursuant to this section, provided that nothing in this subdivision shall preclude the court from issuing any such order prior to a hearing. Where the court has issued such an order prior to a hearing, it shall commence such hearing within fourteen days of the date such order was issued. 8. Nothing in this section shall delay or otherwise interfere with the issuance of a temporary order of protection or the timely arraignment of a defendant in custody.
§ 11-0719. Revocation and suspension of licenses and of right to hunt, fish or trap without license. 1. a. In the circumstances described in paragraph b the department may revoke any license or stamp, of any person, to hunt, fish or trap, defined in section 11-0701 or issued pursuant to any provision of the Fish and Wildlife Law, or it may revoke all of such licenses or stamps. It may also deny such person, for a period not exceeding five years, the privilege of obtaining such license or licenses or stamp or stamps or of hunting, trapping or fishing, anywhere in the state with or without license or stamp, except as provided in subdivision 1 of section 11-0707 or in section 11-0523. It may also require that such person successfully complete a department-sponsored course and obtain a certificate of qualification in responsible hunting, responsible bowhunting or responsible trapping practices before being issued another license. b. This subdivision applies to any person who: (1) is convicted of a violation of the Fish and Wildlife Law involving the taking of deer or bear with the aid of an artificial light or signs an acknowledgment of such violation of that law for the purpose of effecting a settlement by civil compromise or by stipulation; or (2) is convicted of a violation of the Fish and Wildlife Law involving the illegal taking of a deer, moose or bear, or signs an acknowledgment of any such violation of that law for the purpose of effecting a settlement by civil compromise or by stipulation; or (3) is convicted of any violation of the Fish and Wildlife Law or signs an acknowledgment of any violation of that law for the purpose of effecting a settlement by civil compromise or by stipulation, and previously during the five years immediately preceding such conviction or the signing of such acknowledgment has been so convicted or has signed such an acknowledgment; or (4) is convicted of an offense involving a violation of subdivisions one and two of section 11-0901 of this article relating to taking of wildlife when the person taking is in or on a motor vehicle while such motor vehicle is on a public highway or an offense involving a violation of subdivision one of section 11-0901 of this article and subparagraph one of paragraph a of subdivision four of section 11-0931 of this article relating to taking wildlife when the person taking is in or on a motor vehicle and discharging a firearm or longbow in such a way that the load or arrow passes over a public highway or a part thereof or signs an acknowledgment of any such violation for the purpose of affecting a settlement by civil compromise or by stipulation. c. Upon receipt of a court notification of the failure of a person to appear within three months of the return date or new subsequent adjourned date pursuant to an appearance ticket, uniform appearance ticket or uniform appearance ticket and simplified information charging such person with a violation of the Fish and Wildlife Law, or any rule or regulation adopted pursuant thereto, the department may suspend any license of such person to hunt, fish or trap pending receipt of notice from the court that such person has appeared in response to such appearance ticket. Such suspension shall take effect no less than thirty days from the day upon which notice thereof is sent by the department to the person whose license is to be suspended. 2. a. The department may revoke the licenses, tags, and stamps which authorize the holder to hunt and/or trap wildlife, and may deny the privilege of obtaining such licenses, tags, and stamps and may deny the privileges of hunting and/or trapping with or without a license. (1) of any person who, while engaged in hunting or trapping, (i) causes death or injury to another by discharging a firearm or longbow, or
(ii) so negligently discharges a firearm or longbow as to endanger the life or safety of another, or (iii) so negligently and wantonly discharges a firearm or longbow as to destroy or damage public or private property; or (2) of any agent of the department authorized to issue certificates of qualification in responsible hunting, bowhunting, or trapping practices who improperly issues any such certification to a person whom he has not trained, or whom he knows has not satisfactorily completed all of the requirements necessary for such certification. b. Action by the department resulting in the revocation of such license or denial of the privilege to hunt and trap as provided in this subdivision shall be only after a hearing held by the department upon notice to the offender, at which proof of facts indicating the violation is established to the satisfaction of the commissioner or of the hearing officer designated by him and concurred in by the commissioner. Provided that where a person, while hunting, causes death or injury to any person by discharge of a firearm or longbow, the commissioner may, in his discretion, suspend such person's license or licenses to hunt and suspend such person's right to hunt without a license for a period of up to sixty days pending a hearing as provided for in this subdivision. c. In case such discharge of a firearm or longbow causes death or injury to another, the license or licenses shall be revoked and the privilege of obtaining any such license and of hunting or of trapping anywhere in the state with or without a license denied, for a period not exceeding ten years, except that no revocation shall be made in cases in which facts established at the hearing indicate to the satisfaction of the commissioner that there was no negligence on the part of the shooter or bowman. In all other cases the license or licenses shall be revoked and the privilege of obtaining such license and of hunting or of trapping anywhere in the state with or without a license denied for a period not exceeding five years. The department may also require that the person causing such death or injury successfully complete a department-sponsored course and obtain a certificate of qualification in responsible hunting or bowhunting practices before being issued another hunting license. d. Every person injuring himself, herself or another person in a hunting accident, as such term is defined in subdivision 25 of section 11-0103 of this chapter, and the investigating law enforcement officer summoned to or arriving at the scene of such accident shall within ten days from the occurrence of such accident file a report of the accident in writing with the department. Every such person or law enforcement officer shall make such other and additional reports as the department shall require. Failure to report such accident as herein provided by the person causing injury or to furnish relevant information required by the department shall be a violation and shall constitute grounds for suspension or revocation of such person's hunting licenses and denial of the privilege of obtaining any such license and of hunting with or without a license following a hearing or opportunity to be heard. In addition, the department may temporarily suspend the license of the person failing to report a hunting accident within the period prescribed herein until such report has been filed. In the case of a non-resident, the failure to report an accident as herein provided shall constitute grounds for suspension or revocation of his or her privileges of hunting within this state. The report required by this section shall be made in such form and number as the department may prescribe. 3. A junior hunting license issued to a person who is at least twelve and less than sixteen years of age or a junior archery license issued to a person who is fourteen or fifteen years of age may be revoked by the
department upon proof satisfactory to the department that such person, while under the age of sixteen, has engaged in hunting wildlife with a gun or longbow, in circumstances in which a license is required, while not accompanied by his or her parent, guardian or other adult as provided in section 11-0929 of this article. If such license or privilege is revoked the department shall fix the period of such revocation, which is not to exceed four years. The department may require that such person successfully complete a department sponsored course and obtain a certificate of qualification in responsible hunting or responsible bowhunting practices before being issued another hunting or bowhunting license. 4. A person whose license to hunt, trap, or fish has been suspended or revoked as provided in this section is ineligible for such license during the period determined by the department as provided in this section. No such person shall, during such period, procure any license for which he or she is ineligible. No person shall without license hunt, trap, or fish during any period in which the privilege to do so has been denied by the department as provided in this section. 5. When the department has revoked a license, or has denied to any person the privilege of obtaining a license, or of hunting, trapping or fishing without a license, it shall cause the fact of such revocation or denial, or both, as the case may be, and the terms and extent thereof, to be entered in the minutes of the department, and shall forthwith send a written notice of its action as so entered in the minutes to the person affected, at his last known address, either by registered or certified mail or by delivery personally by a representative of the department. Within five days after service of such notice, such person shall deliver to the department the license or licenses revoked, together with any buttons or tags issued in connection with them. If the license was one entitling the holder to the privilege of several licenses, and the revocation concerned some but not all of such privileges, any license, button or tag so delivered shall be returned by the department to the person to whom it was issued, appropriately marked or stamped to show the extent to which it is revoked.§ 11-0713. Procedure in issuing licenses. * 1. a. All licenses, stamps, tags, buttons, permits, and permit applications authorized by this title, and any additional privileges authorized by the department shall be issued by: (1) clerks of a county, town or city, except a city having a population of one million or more, (2) clerks of a village having more than one thousand inhabitants according to the last preceding federal census, or of a village in a county of less than five hundred thousand inhabitants, adjoining a city of over one million inhabitants, both according to such census, and (3) License issuing officers as may be appointed by the commissioner. Applicants for designation as license issuing officers shall be over the age of eighteen years and shall meet such other requirements of eligibility, including posting bond, as the department may by regulation specify. Such issuing officers shall be entitled to receive and keep the same fees for issuing licenses and stamps that are specified in section 11-0715 of this article for issuing clerks, and shall file reports and remit license fees to the appropriate regional environmental conservation officer or the department as required by regulation. b. Special antlerless deer licenses shall be issued by the department as provided in subdivision 6 of section 11-0903 d. One-day fishing licenses may be issued by any person who has never been convicted of or pleaded guilty to a misdemeanor under this chapter within the past three years, and has not been convicted of a crime under any other law. One-day fishing licenses shall be issued to any such person following payment of ten dollars for each license. One-day fishing licenses may be sold by the initial purchaser for no more than ten dollars as a license fee and one dollar for the person selling such license. In the case of misuse or fraud in handling the fishing licenses, the department shall have the authority to revoke the privilege to buy and sell the licenses. * NB Effective until October 1, 2009 * 1. a. All licenses, stamps, tags, buttons, permits, and permit applications authorized by this title or section 13-0355 of this chapter, and any additional privileges authorized by the department shall be issued by: (1) clerks of a county, town or city, except a city having a population of one million or more, although such clerks may request authorization from the department to cease issuing such licenses, (2) clerks of a village having more than one thousand inhabitants according to the last preceding federal census, or of a village in a county of less than five hundred thousand inhabitants, adjoining a city of over one million inhabitants, both according to such census, although such clerks may request authorization from the department to cease issuing such licenses, and (3) license issuing officers as may be appointed by the commissioner. Applicants for designation as license issuing officers shall be over the age of eighteen years and shall meet such other requirements of eligibility, including posting bond, as the department may by regulation specify. Such issuing officers shall be entitled to receive and keep the same fees for issuing licenses and stamps that are specified in section 11-0715 of this title for issuing clerks and section 13-0355 of this chapter, and shall file reports and remit license fees to the appropriate regional environmental conservation officer or the department as required by regulation. b. Special antlerless deer licenses shall be issued by the department as provided in subdivision 6 of section 11-0903 of this article.
c. One-day fishing licenses and one-day recreational marine fishing licenses may be issued by any person who has never been convicted of or pleaded guilty to a misdemeanor under this chapter within the past three years, and has not been convicted of a crime under any other law. Such licenses shall be issued to any such person following payment of the applicable license fee for each license. One-day fishing licenses and one-day recreational marine fishing licenses may be sold by the initial purchaser for no more than the applicable license fee, plus one dollar for the person selling such license. In the case of misuse or fraud in handling the fishing licenses, the department shall have the authority to revoke the privilege to buy and sell the licenses. * NB Effective October 1, 2009 2. The issuing officer shall not issue a junior archery license to a person between the ages of fourteen and sixteen or a junior hunting license to a person between the ages of twelve and sixteen years unless at the time of issuance applicant is accompanied by his or her parent or legal guardian who shall consent to the issuance of the license and shall so signify by signing his name in ink across the face of it. At no time shall such licenses be issued by mail to persons between the ages of twelve and sixteen years. 3. a. Subject to the provisions of paragraphs b and c of this subdivision, the issuing officer shall not issue a license, stamp, tag, button, permit, or permit application which authorizes the holder to hunt wildlife, to any person unless the applicant presents: (1) a license which authorizes the holder to hunt wildlife issued to him previously; or (2) an affidavit from a license issuing officer stating that applicant previously has been issued a license which authorizes the holder to hunt wildlife; or (3) a certificate of qualification in responsible hunting, responsible bowhunting and responsible trapping practices, including safety, ethics and landowner-hunter relations, issued or honored by the department, pursuant to this subdivision. b. (1) The issuing officer shall not issue a license or stamp which authorizes the holder to exercise the privilege of hunting big game with a longbow to any person unless the applicant presents a New York state license or stamp which authorizes the holder to exercise the privilege of hunting big game with a longbow issued in 1980 or later, an affidavit as provided in subparagraph 2 of paragraph a of this subdivision or a certificate of qualification in responsible bowhunting practices issued or honored by the department. (2) The issuing officer shall not issue a trapping license to any person unless the applicant presents a trapping license issued to him previously, an affidavit as provided in subparagraph 2 of paragraph a of this subdivision or a certificate of qualification in responsible trapping practices. c. The issuing officer shall not issue a bowhunting stamp or muzzle-loading stamp to any resident unless the applicant presents a junior hunting license if the licensee is at least fourteen years old, or a small and big game, free sportsman, or sportsman or resident super-sportsman license issued to that person for the corresponding license year. d. Certifications of qualification in responsible hunting, responsible bowhunting and responsible trapping practices may be made by duly qualified and designated persons, whose fitness to give instructions in said practices has been determined by an agent of the department. The department may designate any person it deems qualified to act as its agent in the giving of instruction and the making of certification. No
charge shall be made for any certificate or instruction given to a person to qualify him or her to obtain a license or stamp other than for certain instruction and materials accredited by the department to provide preparation for final instruction and testing by agents of the department or for replacement education certificates for a commission of one dollar to the issuing agent. The department shall make available to the public courses without charge which do not require additional preparation at the expense of students, and may also offer optional courses which require preparatory instruction which may be at the expense of the student. The department may make rules and regulations which in its opinion effectuate better the purpose of this subdivision. 4. a. A person who has lost or accidentally destroyed a license or stamp authorizing the holder to hunt, fish, or trap may apply to the officer who issued it for a certificate in lieu thereof. Such officer shall issue a certificate stating the name and address of the applicant, the type of license issued and the fee, if any, paid for it. Applications and certificates furnished by the department shall be used for this purpose. b. A person who has lost or accidentally destroyed a button or tag issued with such a license or stamp may apply to any license issuing officer for a duplicate and the department shall issue a duplicate button or tag when satisfied that the application is made in good faith. A duplicate free sportsman tag shall be issued free of charge. c. A person who has lost or accidentally destroyed a deer management permit may apply to any license issuing officer for a duplicate. Such officer shall issue a duplicate tag when satisfied that the application is made in good faith. The officer shall also issue a certificate stating the name and address of the applicant, the identifying number of the tag that is being issued and the fee, if any, paid for it. Applications and tags furnished by the department shall be used for this purpose. * 5. The commissioner shall establish a toll-free telephone number or a dedicated number for use to purchase sporting licenses by credit card purchasers. * NB Effective until October 1, 2009 * 5. The commissioner shall establish a toll-free telephone number or a dedicated number for use to purchase sporting licenses by credit card purchasers. Notwithstanding any inconsistent provision of this chapter, the commissioner may authorize the sale of licenses via the internet, telephone or mail and establish procedures therefor, and may, through bulk sales or otherwise, furnish licenses for retail sale to outdoor and recreational outlets and not-for-profit organizations, and the department may sell licenses at department facilities. Except as provided in subdivision 1 of this section, a license sold at retail shall not be sold for a price which exceeds the fee for such license established in the fish and wildlife law. * NB Effective October 1, 2009 § 10-303.1 Prohibition of the possession or disposition of assault weapons. a. It shall be unlawful for any person to possess or dispose of any assault weapon within the city of New York, except as provided in subdivision d, e or f of this section or section 10-305. A person who peaceably surrenders an assault weapon to the commissioner pursuant to subdivision d, e or f of this section or subdivision f of section 10-305 shall not be subject to the criminal or civil penalties set forth in this section. b. Criminal penalty. Any person who shall violate subdivision a of this section shall be guilty of an unclassified misdemeanor punishable by a fine of not more than five thousand dollars or by imprisonment of up to one year, or by both such fine and imprisonment, for each assault weapon disposed of or possessed, provided that the first violation of subdivision a of this section involving possession of an assault weapon as defined in paragraph c of subdivision 16 of section 10-301 shall be an offense punishable by a fine of not more than three hundred dollars or imprisonment of not more than fifteen days, or both, on condition that (1) such first violation is not in conjunction with the commission of a crime and (2) the possessor has not been previously convicted of a felony or a serious offense. c. Civil penalty. In addition to the penalties prescribed in subdivision b of this section, any person who shall violate subdivision a of this section shall be liable for a civil penalty of not more than twenty-five thousand dollars for each assault weapon disposed of or possessed, to be recovered in a civil action brought by the corporation counsel in the name of the city in any court of competent jurisdiction, provided that the first violation by any person of subdivision a of this section involving possession of an assault weapon as defined in paragraph c of subdivision sixteen of section 10-301 shall subject such person to a civil penalty of not more than five thousand dollars on condition that (1) such first violation is not in conjunction with the commission of a crime and (2) the possessor has not been previously convicted of a felony or a serious offense. d. Disposition of assault weapons by permittees, licensees and previously exempt persons. Any person who, on or after the effective date of this local law, shall possess an assault weapon and a valid permit for possession and purchase of rifles and shotguns and a certificate of registration for such assault weapon, and any licensed dealer in firearms or licensed dealer in rifles and shotguns who is not licensed as a special theatrical dealer and who, on or after the effective date of this local law, shall possess an assault weapon, and any police officer or peace officer who, before the effective date of this local law was exempt from the sections of the administrative code requiring rifle and shotgun permits and certificates, and who, upon the effective date of this local law, is not exempt from the sections of the administrative code prohibiting the possession or disposition of assault weapons, and who, on or after the effective date of this local law, shall possess an assault weapon, shall, within ninety days of the effective date of rules promulgated by the commissioner pursuant to subparagraph 7 of paragraph a of subdivision 16 of section 10-301, either: (1) peaceably surrender his or her assault weapon pursuant to subdivision f of section 10-305 for the purpose of destruction of such weapon by the commissioner, provided that the commissioner may authorize the use of such weapon by the department; or (2) lawfully remove such assault weapon from the city of New York. All assault weapons possessed by such permittees, licensees and previously exempt persons shall be
subject to the provisions of this subdivision, whether defined as assault weapons in subdivision 16 of section 10-301 or in rules promulgated by the commissioner pursuant to subparagraph 7 of paragraph a of subdivision 16 of section 10-301. e. Disposition of assault weapons by non-permittees. Any person who, on or after the effective date of this local law, shall possess an assault weapon and who is not the holder of a valid permit for possession and purchase of rifles and shotguns and a certificate of registration for such assault weapon, shall peaceably surrender his or her assault weapon pursuant to subdivision f of section 10-305 for the purpose of destruction of such weapon by the commissioner, provided that the commissioner may authorize the use of such weapon by the department, and provided further that heirs and legatees may dispose of assault weapons pursuant to subdivision f of this section. f. Disposition of assault weapons by heirs and legatees. Any person who acquires an assault weapon on or after the effective date of this local law by the laws of intestacy or by testamentary bequest shall, within ninety days of such acquisition, either: (1) peaceably surrender such assault weapon pursuant to subdivision f of section 10-305 for the purpose of destruction of such weapon by the commissioner, provided that the commissioner may authorize the use of such weapon by the department; or (2) lawfully remove such assault weapon from the city of New York. g. Within thirty days of the effective date of rules promulgated by the commissioner pursuant to subparagraph 7 of paragraph a of subdivision 16 of section 10-301, the commissioner shall send by regular mail to every person who has been issued a permit to possess a rifle or shotgun and whose rifle or shotgun the commissioner reasonably believes to be an assault weapon as defined in subdivision 16 of section 10-301 or as defined in such rules, a written notice setting forth the requirements and procedures relating to the disposition of such weapons, and the criminal and civil penalties that may be imposed upon the permittee for unlawful possession or disposition of such weapons. Failure by the commissioner to send, or the permittee to receive, such notice, shall not excuse such permittee for unlawful possession or disposition of such weapons. h. Surrender of firearms. At the discretion of the police commissioner, any person convicted of violating this section may be subject to immediate surrender of all firearms in his or her possession.
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