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Part 170: Miscellaneous Licenses

(Statutory Authority: Environmental Conservation Law, § 11-0702)

[Last Amended: August 24, 2011]

Contents:

Sec.

§170.1 Importation license

An importation license, persuant to the provisions of subdivision (3) of section 11-1707 of the Fish and Wildlife Law, may be issued upon application at any time. Such license shall expire on the 31st day of December following the date of issue. A fee of $1 shall be charged for such a license.

§170.3 Special importation license

The fee for the license issued persuant to the provisions of subdivision (4) of section 11-1707 of the Fish and Wildlife Law shall be $1. The license shall be effective from the first day of September until February 10th.

§170.5 Permit to possess a loaded firearm in a motor vehicle

(a) Definitions.

(1) Nonambulatory hunter means a physically disabled person, otherwise legally authorized and qualified to hunt with a firearm, who is unable to move about except with the use of a mechanized aid.

(2) Nonambulatory hunter permit means a permit issued pursuant to this section authorizing possession of a loaded firearm in a motor vehicle.

(3) Certification means a signed statement by a licensed physician certifying the need for the applicant to use a mechanized aid and the nature, degree and term of physical disability.

(4) Mechanized aid means a wheelchair or other similar mechanically powered device.

(5) Motor vehicle means every vehicle or other device operated by any power other than muscle power, and includes but is not limited to automobiles, trucks, motorcycles, tractors, trailers, motorboats, snowmobiles and snow travelers whether operated on or off public highways.

(b) A nonambulatory hunter may make application to the department pursuant to Environmental Conservation Law, section 11-0931(2), for a nonambulatory hunter permit authorizing possession of a loaded firearm in or on a motor vehicle. To obtain such permit the applicant must:

(1) provide certification that he or she is unable to move about except with the use of a mechanized aid;

(2) possess a valid New York State hunting license;

(3) provide two (one inch by one inch) full face photographs, one of which will be affixed to the permit; and

(4) submit a $5 permit fee.

(c) Application for a permit or renewal of a permit thereof must be made on forms provided by the department. Permits are valid for five years from the date of issuance or until the permittee is no longer nonambulatory, whichever occurs first.

(d) Permits are issued subject to the following conditions:

(1) A permit must be in the holder's possession while possessing a loaded firearm in or on a motor vehicle. The permittee must also be in possession of all other required licenses and permits.

(2) The holder of the permit is subject to all other applicable provisions of the Environmental Conservation Law and rules and regulations adopted pursuant thereto.

(3) The motor vehicle in or on which the loaded firearm is possessed must be off the public highway right-of-way, at a complete stop and with the engine off.

(4) Only one loaded firearm may be possessed in or on a motor vehicle.

(5) Only the permit holder may discharge the firearm.

(6) A permit does not authorize possession of a loaded firearm in or on a motor vehicle between sunset and sunrise unless so provided on the permit.

(e) A nonambulatory hunter who has been issued a permit to possess a loaded firearm in or on a motor vehicle may be issued a permit to take a deer of either sex during the regular firearm season in any deer management unit area where deer management permits have been issued for the same season. Application for such permit must be on a form provided by the department and must be accompanied with:

(1) evidence of having been issued a permit to possess a loaded firearm in or on a motor vehicle;

(2) a complete (unseparated) two-part carcass tag set from a valid big game hunting license; and

(3) a permit fee of $5.

(f) The department may waive or modify the application of any requirement for eligibility for a permit issued pursuant to this section where it finds the application thereof to any individual would be inequitable, discriminatory or not in accord with public policy.

§170.6 (Repealed)

Repealed August 24, 2011

§170.8 Lifetime licenses

Lifetime licenses will be issued to New York State residents who meet eligibility requirements. Applications for these licenses are available from the Department of Environmental Conservation, Sporting License Sales, 625 Broadway, Albany, NY 12233, (518)402-8843. Persons who have already purchases a license through the Department of Environmental Conservation Automated Licensing System (DECALS) may apply for a lifetime license on the Department's website, www.dec.state.ny.us.

(a) The holder of a lifetime small, big game or fishing license, or any combination thereof may purchase a sportsman license for a fee equal to the difference between the two license types.

(b) Lifetime licenses may be purchased for minors. When the recipient of a lifetime small and big game hunting or sportsman license becomes eligible to hunt, he or she may submit a copy of a sportsman education certificate to receive a permanent identification card. If the recipient of a lifetime license allowing hunting decides not to complete sportsman education training, his or her license shall be marked valid for fishing only.

(c) Proof of Residency and Eligibility for Lifetime Licenses. The following proofs of residency and eligibility are accepted:

(1) Residency. For the purpose of this section, a resident is a person whose domicile is in New York State. Domicile is that place where a person has his or her true, fixed and permanent home to which he or she intends to return. Residence of minors is the residence of parents or legal guardian(s). If a minor lives with someone other than a parent, a copy of proof of legal guardianship must be submitted. Every applicant for a lifetime license must document that he or she is a resident of New York for at least one year preceding the application date. One or more of the following proofs of residency is required:

(i) New York State Department of Motor Vehicle driver's license of a New York State non-driver photo identification card.

(ii) New York State income tax form IT-201 or W-2 form.

(iii) Voter registration card.

(iv) New York State Department of Motor Vehicles vehicle registration card.

(v) Military personnel who are stationed outside of the State but are domiciled within New York State are eligible for lifetime licenses. Military personnel must submit evidence of at least one year residence prior to enlistment. In addition to documents listen in paragraph (1) of this subdivision, military personnel may also submit any of the following: copies of his or her enlistment contract, showing home address and how long the applicant lived there; physical record showing date of physical examination and residence at the time of that examination; military orders showing home address; or a leave and earnings statement.

(2) Proof of age. Every applicant must provide proof of age. The following are acceptable forms of proof: birth certificate, United States passport, drivers license or non-drivers photo identification license.

(3) Proof of training. An applicant for a lifetime license must submit proof of having received a previous license or a certificate of qualification in hunting, bowhunting, or trapping.

(d) Lifetime license holders are entitled to all the privileges of a comparable annual license holder. Additional privileges, such as deer management permits, must be applied for annually through the regular application process.

(e) Revocation. Upon revocation of any or all license privileges persuant to Environmental Conservation Law section 11-0719, a lifetime licensee retains partial privileges granted in a sportsman license, the department will issue annual licenses for retained privileges for the duration of the revocation period. At the end of the revocation period, the identification card(s) and all tags will be returned to the licensee.

(f) Lifetime license fees shall not be refundable under any conditions.