NYC Airsoft


The definitive guide to airsoft for New York.
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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Fri Jun 29, 2012 7:18 pm 
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If you want to classify your AEG as a toy then, yes if you want to legally use it within the 5 boroghs.

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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Fri Jun 29, 2012 7:27 pm 
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Got ya, so there shouldn't be a problem keeping them original since we don't play in the city. The orange tip should cover it. Just trying to make sure. I don't want to get pulled over on the way to an op and the cop asks why isn't it painted.

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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Thu Jan 10, 2013 6:10 pm 
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Hi Guys,
I’m brand new here in the forum, moved to NYC a bit over a year ago and thought I had to give up on airsoft for a while until I came across this site.
I was wondering if you could clarify something for me-
Moondog wrote:
This is a copy of the text within the NYC Administrative code found here: http://24.97.137.100/nyc/AdCode/Title10C1_10-131.asp
New York City Administrative Code – Title 10 Public Safety
§ 10–131 Firearms.
a. Pistols or revolvers, keeping or carrying.
….
b. Air pistols and air rifles; selling or possessing.
1. It shall be unlawful for any person to sell, offer to sell or have in such person's possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air, except that the sale of such instruments if accompanied by delivery to a point without the city, and possession for such purpose, shall not be unlawful if such person shall have secured an annual license from the police commissioner of the city authorizing such sale and possession. The sale and delivery of such instruments within the city from one licensee to another licensee, and the use of such instruments in connection with an amusement licensed by the department of consumer affairs or at rifle or pistol ranges duly authorized by law shall not be considered a violation of this subdivision.

It was my understanding that this section of the law was responsible for airsoft gun and paintball markers being illegal in NYC.
I’m sure it’s true for paintball (paintball markers are not firearm replicas, and many come in bright colors)
Nerf guns use spring/air as a propelling force, but are not illegal in NYC as far as I can tell.
Is there any guidance if this section applies to airsoft?


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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Thu Jan 10, 2013 9:47 pm 
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If you plan to buy airsoft toys guns then either buy clear or entirely brightly colored guns if you plan to play or have them visible in public sight in NYC.

Otherwise, keep them low-profile and play outside of the NYC.

P.S. I've sent you a PM please post an INTRO and add a photo of your face as your avatar as per forum Regs.

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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Fri Jan 11, 2013 12:48 am 
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All right, got your message and updated the required stuff.

Reading here in this forum it seems like the color is the only problem- which made me really optimistic. I don't mind painting an airsoft gun bright colors, I can always throw some camouflage cloth over it in a woodland field. Obviously not to be seen with such gear out in the streets of NYC.

However, everywhere outside this site when I searched about the legal issues with airsoft in NYC, I seem to find that bright colors make it possible only to own a non-firing "prop" replica gun. Functioning airsoft toy guns (or a paintball marker, or an air rifle) seem to fall under clause "b" that I highlighted in the quote of my message above.
That seemes to be the consensus anywhere but in this forum. Here you mention only the replica clause which is easily fixable with a spray paint.
So my question is actually- do you guys know something the others don't? Like some semi-official guidances?
Or is this simply the "keep low profile, don't walk around with an AEG and no cop will bother you" attitude?


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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Fri Jan 11, 2013 6:18 am 
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Some over zealous DA might try to make a case that airsoft isn't a toy/replica but that remains to happen. Given that airsoft guns are marketed and sold as 'toys' or 'replicas' most lawyers would argue are not AIR PISTOLS and AIR RIFLES which are traditional metal pellet guns (ie. "BB gun") used in target shooting competitions and bird/varmint hunting.

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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Fri Jan 11, 2013 7:59 am 
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Alright. So what you're saying is that while airsoft definitely counts as a replica unless brightly colored, it is debatable whether it falls under the clause of air gun equivalent. Therefor possessing a brightly colored airsoft gun might not violate such law.
Good to hear that, thanks.


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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Fri Jan 11, 2013 9:05 am 
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blackicer wrote:
Alright. So what you're saying is that while airsoft definitely counts as a replica unless brightly colored, it is debatable whether it falls under the clause of air gun equivalent. Therefor possessing a brightly colored airsoft gun might not violate such law.
Good to hear that, thanks.


Yes, that's what the cops I've talked to have said... though they won't say so on record.

UPDATE

Those who want a totally NYC safe AEG, you can get one of these: http://www.evike.com/product_info.php?products_id=33791

Image

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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Thu Jan 23, 2014 7:54 pm 
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So does it have to be "painted", or, not necessarily? Like for example what if you maybe put something brightly colored over it, or taped bright colored paper or painted things to it. I don't believe seeing (at least not in red) that it pertains to being painted bright but more so of it being colored brightly. That way if your pulled over and you have a bunch of bright colors around or taped to it you can say it follows regulations and you don't have to have a gun that's painted bright.


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 Post subject: Re: New York City Administrative Code - § 10-131
PostPosted: Thu Jan 23, 2014 8:04 pm 
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Rodgers wrote:
So does it have to be "painted", or, not necessarily? Like for example what if you maybe put something brightly colored over it, or taped bright colored paper or painted things to it. I don't believe seeing (at least not in red) that it pertains to being painted bright but more so of it being colored brightly. That way if your pulled over and you have a bunch of bright colors around or taped to it you can say it follows regulations and you don't have to have a gun that's painted bright.


Gift wrapped or duct tape or something half-assed won't cut it. You'd have to do something "permanent" for a cop or DA to consider it colored. Even if you could put red kitchen cabinet liner sticker paper all over it and carefully cut it to fit, it may not pass snuff. Have you ever watched Law and Order or Judge Judy?

Read the words I highlighted in red in the 1st post.

Quote:
(a) the entire exterior surface of such toy or imitation firearm is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or
(b) such toy or imitation firearm is constructed entirely of transparent or translucent materials which permits unmistakable observation of the imitation or toy firearm's complete contents;

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