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THE TOWN LAW STATUTE WHICH AUTHORIZES A TOWN TO REGULATE THE DISCHARGE OF “FIREARMS” DOES NOT AUTHORIZE A TOWN TO REGULATE THE DISCHARGE OF “BOWS” (CT APP).

The Court of Appeals, affirming the Appellate Division, determined the Town Law does not authorize the Town of Smithtown to regulate the discharge of “bows” pursuant to its authority to regulate “firearms:”

Town Law § 130 (27) specifically authorizes certain towns to prohibit the discharge of “firearms” through ordinances that may be more restrictive than other laws where such discharge may be hazardous to the general public, and requires that notice be provided to the Department of Environmental Conservation of any ordinance “changing the five hundred foot [setback] rule” (Town Law § 130 [27]; see Environmental Conservation Law § 11-0931 [4] [a] [2]). While the term “firearm” is undefined in the Town Law, construing it in accordance with its “usual and commonly understood meaning” … , the term “firearm” does not encompass a “bow” … and we are unpersuaded that the Legislature intended otherwise when it used the term in the Town Law. Accordingly, Town Law § 130 (27) does not authorize Smithtown to regulate the discharge of bows. Hunters for Deer, Inc. v Town of Smithtown, 2022 NY Slip Op 00907, CtApp 2-10-22

 

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