Opn. No.

Check Treatment

HON. DAVID O. BOEHM Supreme Court Justice Hall of Justice, Rochester

This is in response to your recent letter to our office wherein you ask our opinion whether Penal Law, § 265.05 would make it unlawful for persons between the ages of fourteen and sixteen years to possess a gun, even if they possess a hunting license pursuant to the salient provisions of the Environmental Conservation Law.

Penal Law, § 265.05 makes it unlawful for persons under the age of sixteen years to possess certain designated weapons, which includes a gun. A minor found guilty of violating the section would be adjudged a juvenile delinquent.

Environmental Conservation Law, § 11-0701(1) states, in part, as follows:

"1. A hunting license entitles * * * a holder who is between the ages of fourteen and sixteen years to exercise the privileges of a hunting license subject to the provisions of section 11-0929, and in so doing to possess and use a longbow and such firearms, except pistols and revolvers, as are not prohibited by section 11-0931, notwithstanding any provisions of the Penal Law or other law to the contrary." (Emphasis supplied.)

Environmental Conservation Law, § 11-0929 deals with hunting by minors and provides that said minors shall not hunt with a gun or longbow unless accompanied by his parent or legal guardian who possesses a valid hunting license, or some adult over twenty-one years who is designated in writing by the parent or legal guardian to accompany the minor and who holds the requisite hunting license. Environmental Conservation Law, § 11-0931, lists the prohibitions on the use and possession of firearms and must be fully complied with as well.

Accordingly, we conclude that a minor who is between the ages of fourteen and sixteen years of age may exercise the privileges of a hunting license pursuant to Environmental Conservation Law, § 11-0701(1), subject, however, to the provisions of section 11-0929 thereof, and said minor may possess and use firearms and longbows, except pistols and revolvers, as are not prohibited by section 11-0931, notwithstanding any provision of the Penal Law or other law to the contarary.