Project Appleseed

Your Appleseed State Board => New York => Topic started by: Spartan on September 02, 2010, 11:20:18 PM

Title: Age restrictions in NY
Post by: Spartan on September 02, 2010, 11:20:18 PM
Guys I have a question, under the NYS conservation law I think an NRA rifle instructor can instruct to youth 12 years old or older in a season when they will hunt.  So if we have an NRA instructor at an appleseed event does that mean that we can teach at 12YO in NYS if they will be hunting that year provided the NRA certified instructor is the one working with the youth?  This is just too complex....
Title: Re: Age restrictions in NY
Post by: B9 on September 03, 2010, 06:50:42 AM
That is the way it is understood. 12 and older.
Title: Re: Age restrictions in NY
Post by: Spartan on September 03, 2010, 07:47:28 AM
so we can have folks 12 and older shoot  in NY?
Title: Re: Age restrictions in NY
Post by: B9 on September 03, 2010, 09:32:06 AM
Quote from: Spartan on September 03, 2010, 07:47:28 AM
so we can have folks 12 and older shoot  in NY?

Youths 12-16 can shoot firearms that use gunpowder at an indoor or outdoor range must be under the immediate supervision, guidence, and instruction of:
- A duly commisioned officer of the US Army/Navy/Marines/Coast Guard, or NY National Guard
- a US Citizin with small arms instruction certification provided by the Army/Navy/Marines, or NRA
- An adult with a hunter safety certificate

Youths under 12 can not legally shoot firearms with gunpowder propellent.
Youths under 12 can shoot air guns with the same restricitions as 12-16 have with gunpowder firearms.
Title: Re: Age restrictions in NY
Post by: Spartan on September 03, 2010, 09:56:19 AM
That is great to know B9 thank you for clearing that up.  i am good on two or three of those.
Title: Re: Age restrictions in NY
Post by: gunville on September 20, 2010, 10:03:55 PM
I think our NY instructors are 100% OK on 12-16 YO's...

Almost all have NY hunter safety. The rest are military officers.

I'm not sure about IITs.

We should make sure we have this covered on every shoot - at least one. (I'll have to find my hunter safety certificate.)

FYI: if you don't, Hunter Safety classes are free (except for your time)... tis the season for these as well.
Title: Re: Age restrictions in NY
Post by: franklinfarmer on September 21, 2010, 06:33:21 AM
> Youths under 12 cannot legally shoot firearms with gunpowder propellant.

I'm almost speechless, but can't help but comment:

Wow, you really are in occupied territory.
Title: Re: Age restrictions in NY
Post by: Fred on September 21, 2010, 07:57:28 AM

    OK, NY instructors! We have some hard and fast rules we need to follow at NY Appleseeds where 12-16 are students. (And we should make sure ALL local AS literature in NY clearly states "Min age: 12" - right?)

    Which means, high on your list of priorities, is making sure they are followed.

    If there's only one instructor there "qualified" to deal with kids, that instructor should be the one dealing with the kids.

    If the only instructor qualified to deal with kids is the SB, then we have to find out if it is allowed/sufficient, under NY law, for him to "in charge of" the instructors immediately supervising the kids, and/or whether "running the event" or "being in charge of the event" even if there's others "working the event" is sufficient under the statutory requirements.

    Do we have any lawyers yet among our NY Instructor Corps? If not, do any of you have lawyers as family members or in-laws - or even friends?

    It'd be nice to be covered by the legal opinion of a NY lawyer, even if I don't know how much protection that would give us - possibly enough to avoid a lawsuit or at least a prosecution - and maybe enough to win it.
Title: Re: Age restrictions in NY
Post by: KodyJaret on September 23, 2010, 07:01:34 PM
I put this topic to a lawyer I'm acquainted w/,,,his reply :

Section 265.05 of the Penal law generally prohibits a minor under 16
from possessing a firearm-the exceptions are when licensed and hunting
and when undergoing instruction as provided under Section 265.20 of the
Penal Law, -it does say "immediate supervision".  Hope this helps.  A
link to the statute is below.  The usual disclaimer is this should not
be taken as a formal legal opinion- but the statute is fairly clear cut
and straight forward.

7. Possession, at an indoor or outdoor shooting range for the  purpose
  of  loading  and  firing, of a rifle or shotgun, the propelling force of
  which is gunpowder by a person under sixteen years of age but not  under
  twelve, under the immediate supervision, guidance and instruction of (a)
  a  duly commissioned officer of the United States army, navy, air force,
  marine corps or coast guard, or of the national guard of  the  state  of
  New York; or (b) a duly qualified adult citizen of the United States who
  has  been  granted a certificate as an instructor in small arms practice
  issued by the United States army, navy, air force or marine corps, or by
  the adjutant general of this state, or by the national rifle association
  of America, a not-for-profit corporation duly organized under  the  laws
  of  this  state;  or (c) a parent, guardian, or a person over the age of
  eighteen designated in writing by such parent or guardian who shall have
  a certificate of qualification in responsible hunting, including safety,
  ethics, and landowner relations-hunter relations, issued or  honored  by
  the  department  of  environmental  conservation; or (d) an agent of the
  department of environmental conservation appointed to conduct courses in
  responsible  hunting  practices  pursuant  to  article  eleven  of   the
  environmental conservation law.



http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN265.20$$@TXPEN0265.20+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=49195180+&TARGET=VIEW


Title: Re: Age restrictions in NY
Post by: Spartan on September 23, 2010, 07:12:01 PM
Thanks,
Great Job!!!
Title: Re: Age restrictions in NY
Post by: R1SGx2 on September 23, 2010, 11:49:51 PM
Quote"immediate supervision". 
Does this mean one instructor to each youth shooter?
Title: Re: Age restrictions in NY
Post by: Spartan on September 23, 2010, 11:58:02 PM
Good question...and it has to be qualified instructor
Title: Re: Age restrictions in NY
Post by: Rattlehead on September 24, 2010, 05:29:55 PM
Quote from: R1sgx2 on September 23, 2010, 11:49:51 PM
Quote"immediate supervision". 
Does this mean one instructor to each youth shooter?

I don't know what it is according to the letter to the law, but when I was on the BSA ranges as a 12-year-old scout, they were running one of two RSOs for an entire line of about 10 scouts, almost all of whom were between 12-16.  For what it's worth...
Title: Re: Age restrictions in NY
Post by: Josey Wales on October 01, 2010, 05:38:10 PM
..I am qualified, I have my hunter safety card, and I renew my hunting license every year..
Title: Re: Age restrictions in NY
Post by: Big Matt on October 01, 2010, 10:10:51 PM
Does it actually have to be a hunter safety certificate or does a hunting license, which a hunter safety card is a prerequisite for, count?
Title: Re: Age restrictions in NY
Post by: 2 clicks low on October 02, 2010, 10:15:32 AM
I'm not a lawyer and I don't live in NY, but I am a NRA instructor and an Illinois Hunter Education instructor. My 2cents:

It is normal and accepted NRA practice that an instructor may instruct a line. I teach at NRA summer camps where we usually have non instructor assistants and at most 2 instructors for a line of 10 kids.

And no, a hunting license is not a substitute for a hunter safety course unless it lists your hunter safety number on it. In most states people born before 1980 don't need hunter safety, they are grandfathered in. Also keep in mind that all hunter safety cards are equal. One issued in any state is good in any other state.

2 clicks low
Title: Re: Age restrictions in NY
Post by: Spartan on October 02, 2010, 09:22:36 PM
In NY just having a hunting license does not give you qualification to instruct 12 year olds...As we said it must be one of the specified instructor qualifications.
Title: Re: Age restrictions in NY
Post by: Josey Wales on October 02, 2010, 10:36:03 PM
..My orange paper card is a "Hunter Education Certificate of Qualification" issued by the NY State DEC, it has a 5 digit number code on the upper right and an Instructors ID number on the bottom, it is a 10 hour course..
Title: Re: Age restrictions in NY
Post by: sgtrock on October 03, 2010, 06:24:08 AM
So,, if someone here in our organization, knows someone in the NRA, maybe they should put in a good word for us to become,,,, well,,,, recognized by the NRA,,,, as Qualified Instructors,,, or we can just ask for birth certificates,,,, or pay the money for Their Course to become qualified, what maybe 10 -12hr course and at what 200 bucks,,, (Or What Ever It Is),,,  ,,,,,,another freedom lost,,,,,,Keep Appleseeding Folks,,,, I am of the firm belief that OUR
organization, is the one doing the most good for this country at this time,,,, enough said 

Anybody under the age of 35 looks young to me,,,,

sgtrock

Title: Re: Age restrictions in NY
Post by: nyrasgt on October 03, 2010, 12:19:08 PM

New York Hats,
   Am working on putting together an NRA Instructors class; have a local training counselor (the guy who can teach the class) who has run classes before for the Warren County Pistol Prelicensing Course instructors...
   Will advise re possible time scheduling, cost, etc...  A benefit of NRA Cert status is ability to take advantage of companies' (Smith, Ruger, Henry) Instructor Purchase Programs, @ appx 1/3 off list for their products.  Am in process of ordering 2 x S&W M&P 15-22s...more loaners, and saw 3-4 in use recently @ Saraspa AS...
Excelsior,
madMark
Title: Re: Age restrictions in NY
Post by: Big H on October 03, 2010, 12:25:35 PM
Quote from: KodyJaret
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN265.20$$@TXPEN0265.20+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=49195180+&TARGET=VIEW (http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN265.20$$@TXPEN0265.20+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=49195180+&TARGET=VIEW)

I Am Not A Lawyer. I Am Not From NY. This is my attempt at interpretation:

Quote from: Section 265.20 a. 7. (c)
   7. Possession, at an indoor or outdoor shooting range for the  purpose
 of  loading  and  firing, of a rifle or shotgun, the propelling force of
 which is gunpowder by a person under sixteen years of age but not  under
 twelve, under the immediate supervision, guidance and instruction of ...
 (c) a parent, guardian, or a person over the age of
 eighteen designated in writing by such parent or guardian
who shall have
 a certificate of qualification in responsible hunting, including safety,
 ethics, and landowner relations-hunter relations, issued or  honored  by
 the  department  of  environmental  conservation
;
Josey Wales' card qualifies
Quote from: Josey Wales on October 02, 2010, 10:36:03 PM
My orange paper card is a "Hunter Education Certificate of Qualification" issued by the NY State DEC
NYS DEC also honors certificates from all other states
Quote from: http://www.dec.ny.gov/outdoor/hunting.htmlAll hunters must take or have passed a sportsman's education class.

Sportsman education certificates from all other states are valid in New York
and are required for the purchase of a hunting or trapping license.

But Josey may need to be designated in writing by the parent or guardian at each Appleseed when teaching rifles or airguns.

This is the DEC parental form for Minors Hunter Education
Quote from: http://www.dec.ny.gov/docs/wildlife_pdf/permparent.pdfPermission to Handle and Shoot Firearms
I, _________________________________________________________
(Print name of parent or legal guardian above.)
am the parent or legal guardian
(Circle one choice above.)
of ___________________________________________________,
(Print name of student above.)
whose date of birth is _____________
(Print birth date above.)
and I hereby give my permission for him or her to possess a rifle, shotgun, or airgun for the purpose of loading and firing under the immediate supervision, guidance, and instruction of a certified hunter education instructor or assistant instructor certified in hunter education by the New York State Department of Environmental Conservation, during a hunter education course.
Signature_______________________________________  
(Parent or legal guardian sign above.)  
Date ______________
(Print today's date above.)
Telephone Number__________________
(Phone number above.)

QuoteNOTE TO INSTRUCTORS:  This form is your proof that instructors are authorized by the parent or guardian of the student whose name appears on this form to supervise that student in firearms handling and shooting exercises in your courses.  Refer to your Sportsman Education Instructor Policies and Procedures Manual for rules regarding student age requirements and use of firearms by minors in courses.  Keep this form for at least one year after the completion of the course.

Again, IANAL and you may want to check with one, but this draft may help

Quote from: draftPermission to Handle and Shoot Firearms for Appleseed in NY State for Minors under age 16.
I, _________________________________________________________
(Print name of parent or legal guardian above.)
am the parent or legal guardian
(Circle one choice above.)
of ___________________________________________________,
(Print name of student above.)
whose date of birth is _____________
(Print birth date above. Minimum age 12 years for rifles. Under 12 may use airguns with this form.)

and I hereby give my permission for him or her to possess a rifle, shotgun, or air or gas or spring gun for the purpose of loading and firing under the immediate supervision, guidance, and instruction of an Appleseed Instructor or Instructor-In-Training over the age of eighteen with a certificate of qualification in responsible hunting issued or honored by the New York State Department of Environmental Conservation (in NY a Hunter Education Certificate of Qualification, NYS DEC honors Sportsman education certificates from all other states) during an Appleseeed marksmanship and heritage education course.
Signature_______________________________________  
(Parent or legal guardian sign above.)  
Date ______________
(Print today's date above.)
Telephone Number__________________
(Phone number above.)

QuoteNOTE TO INSTRUCTORS:  This form is your proof that instructors are authorized by the parent or guardian of the student whose name appears on this form to supervise that student in firearms handling and shooting exercises in your courses.  Keep this form for at least one year after the completion of the course.

NRA small arms instructors don't need this form.
Title: Re: Age restrictions in NY
Post by: Big H on October 03, 2010, 12:40:57 PM
Quote7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
 pistol or shotgun, the propelling force of  which  may  be  either  air,
 compressed  gas  or  springs, by a person under sixteen years of age but
 not  under  twelve,
 under  the  immediate  supervision,  guidance   and
 instruction  of ... (c) a parent, guardian, or a person over the age of
 eighteen designated in writing by such parent or guardian who shall have
 a certificate of qualification in responsible hunting, including safety,
 ethics, and landowner relations-hunter relations, issued or  honored  by
 the department of environmental conservation.
Even air gun shooters 12-16 need written designation, unless the Hat is NRA Instructor.
Quote
   7-d.  Possession,  at  an  indoor  or  outdoor  shooting range for the
 purpose of loading and firing,  of  a  rifle,  pistol  or  shotgun,  the
 propelling  force of which may be either air, compressed gas or springs,
 by a person under twelve years of age
, under the immediate  supervision,
 guidance  and  instruction  of ... (c) a parent, guardian, or  a
 person  over the age of eighteen designated in writing by such parent or
 guardian who shall have a certificate of  qualification  in  responsible
 hunting,   including  safety,  ethics,  and  landowner  relations-hunter
 relations,  issued  or  honored  by  the  department  of   environmental
 conservation.
Under-12 airgun shooters also need written designation.

All NYS EIPs should add
State Laws to be aware of: additional NYS parental permission form needed for ages 12-16, or for air rifles ages under 12.

This will no longer be needed when NY Hats are also NRA Instructors.
Title: Re: Age restrictions in NY
Post by: Big Matt on October 03, 2010, 03:49:15 PM
Are any downstate Appleseed Instructors or IIT's NRA certified? Or does anyone know how quickly we all could become NRA Basic Rifle Instructors? How much prior experience does one need? I am familiar with .22LR semi's and bolts, own a lever gun and an AR. Do I need High Power experience?
Title: Re: Age restrictions in NY
Post by: 2 clicks low on October 03, 2010, 06:42:04 PM
Quote from: Big Matt on October 03, 2010, 03:49:15 PM
Are any downstate Appleseed Instructors or IIT's NRA certified? Or does anyone know how quickly we all could become NRA Basic Rifle Instructors? How much prior experience does one need? I am familiar with .22LR semi's and bolts, own a lever gun and an AR. Do I need High Power experience?

If you are a marksman you have enough experience.
The course should take 2 days, one is NRA Basic Instructor Training and the other is the Course.

The NRA's instructor website is:
http://www.nrainstructors.org/searchcourse.aspx

2cl
Title: Re: Age restrictions in NY
Post by: nyrasgt on October 03, 2010, 07:36:51 PM
Troops,
    Per previous post - NRA Cert Instr class is 2 days and NRA Training Counselor charges what he (or she) chooses, then $30 to NRA for cert certificate and ID card, renewable by mail @ 3 yrs.  Once you have one certification, a number of others are doable on-line or via home study, including NRA RSO...
   Nra Cert Coach is another couple of days, and Law Enforcement Firearms Instructor is a 5 day class, @ $525...
plus a range fee.  I hosted one of these in 2006 @ Hudson Falls Fish and Game, the first class given in NYS in (according to the NRA) many years...class was attended by folks from all over the country, e.g. 2 from Hawaii, 2 Blackwater folk (no kidding!), head of college security @ Howard University, among others...am thinking about trying to host another one of these next Spring @ HF...would likely be during spring vacation...
   Will post as I receive info from local TC... same for $4-5 CPR/AED/First Aid class...and if anyone interested, is looking like I'll be teaching a NYS Security Guard class @ Adirondack Community College in the Spring...
Excelsior,
madMark
Title: Re: Age restrictions in NY
Post by: R1SGx2 on October 04, 2010, 04:22:07 PM
Again,

Quote
"immediate supervision". 
Does this mean one instructor to each youth shooter?

Youths 12-16 can shoot firearms that use gunpowder at an indoor or outdoor range must be under the immediate supervision, guidence, and instruction of:
- A duly commisioned officer of the US Army/Navy/Marines/Coast Guard, or NY National Guard
- a US Citizen with small arms instruction certification provided by the Army/Navy/Marines, or NRA
- An adult with a hunter safety certificate

Again, does this mean one instruct to each 12 - 16 year olds, if I was watching a portion of the line and with one shooter two shooters away from the 12 - 16 year old, and bent over talking, is that immediate supervision to the 12 - 16 year old two shooters away behind me?
We can hold 100 pieces of paper of certifications, but what is the legal definition of IMMEDIATE SUPERVISION?
Title: Re: Age restrictions in NY
Post by: nyrasgt on October 04, 2010, 04:48:18 PM
MR,
   Doubt even lawyers will venture a definition.  When I coached QHS Varsity Rifle team, I supervised/coached the (shooting) line.  5 points @ the HS range, up to 24 @ USMA, West Point.  We have Hunter Safety Instructors, 4H Instructors, NRA Instructors - all meet, I believe, NY's standard...
   Still working on scheduling an NRA Instructor class...
Excelsior,
madMark
PS  Looking good for DB F&G Nov, '10, March, '11 IBC, May, '11 AS, and Oct/Nov, '11 AS...
      When are the Saraspa membership meetings? Maybe they'd be interested in a CPR/AED class...and we could figure out way of contacting the Wilton club...
Title: Re: Age restrictions in NY
Post by: R1SGx2 on October 04, 2010, 05:00:24 PM
Immediate Supervision I hope never gets anyone in AS in a jam, the word immediate here is key.
Saraspa Saturday the 2nd did an NRA RSO Safety Class, and last year did  NRA Instructor Classes in Rifle and Pistol / Doing a DEC Hunter Ed Class this month. On DEC Calendar.

Stuck on Immediate Supervision, Suspect AS dropping 12 -16 year olds on line in New York State.
Title: Re: Age restrictions in NY
Post by: sgtrock on October 04, 2010, 05:14:15 PM
Quote from: nyrasgt on October 03, 2010, 07:36:51 PM
Troops,
   Per previous post - NRA Cert Instr class is 2 days and NRA Training Counselor charges what he (or she) chooses, then $30 to NRA for cert certificate and ID card, renewable by mail @ 3 yrs.  Once you have one certification, a number of others are doable on-line or via home study, including NRA RSO...
  Nra Cert Coach is another couple of days, and Law Enforcement Firearms Instructor is a 5 day class, @ $525...
plus a range fee.  
QuoteI hosted one of these in 2006 @ Hudson Falls Fish and Game, the first class given in NYS in (according to the NRA) many years...class was attended by folks from all over the country, e.g. 2 from Hawaii, 2 Blackwater folk (no kidding!), head of college security @ Howard University, among others...
And all these people had sponsors with very deep pockets that paid to send thier employees to the school,, My question or statement still stands,,,, How do we get NRA Recognition as Instructors,,, Or are we not good enough for them,,, I am A Life Member of the NRA, alls that seemed to have done for me is stop the weekly junk mail from coming to my house,,, I teach Junior Rifle at my club and You Do Not Need To Be NRA Certified,,, been that way for decades,,,, Guys,,, 12 yrs old or older on line,,,, Drive On With The Mission, I type with very heavy fingers that are rattling the house,,, Who is gonna sponsor us for these classes????,,,, If These questions cannot be answered get back to work and prepare for your next Appleseed Shoot,,, So we can wake this state up,,, wake the country,,, so we can get people in office that will do things that need to be done
Quoteam thinking about trying to host another one of these next Spring @ HF...would likely be during spring vacation...
  Will post as I receive info from local TC... same for $4-5 CPR/AED/First Aid class...and if anyone interested, is looking like I'll be teaching a NYS Security Guard class @ Adirondack Community College in the Spring...
Excelsior,
madMark
Title: Re: Age restrictions in NY
Post by: sgtrock on October 04, 2010, 05:23:59 PM
Quote from: R1sgx2 on October 04, 2010, 05:00:24 PM
Immediate Supervision I hope never gets anyone in AS in a jam, the word immediate here is key.
Saraspa Saturday the 2nd did an NRA RSO Safety Class, and last year did  NRA Instructor Classes in Rifle and Pistol / Doing a DEC Hunter Ed Class this month. On DEC Calendar.

QuoteStuck on Immediate Supervision, Suspect AS dropping 12 -16 year olds on line in New York State.
1SG,,These Young People Have Got To Be On The Line,,, They Are Our Posterity,,,
Title: Re: Age restrictions in NY
Post by: Josey Wales on October 04, 2010, 07:52:08 PM
October 30th for $180 in Nassau County Long Island you can take the "NRA Instrutor Rifle Sooting Course" this is the course we AS Instructor need to fix this issue from NYS...
...Hey ho let's go!!
..Who is in?????????......,If we get 6 shooters we pay for 5......
Title: Re: Age restrictions in NY
Post by: Spartan on October 04, 2010, 08:30:40 PM
Josey, that's a great deal and $20.00 cheaper than what I paid.  Great find.
Title: Re: Age restrictions in NY
Post by: gunville on October 05, 2010, 12:10:08 AM
Hunter safety course is FREE
Title: Re: Age restrictions in NY
Post by: gunville on October 05, 2010, 12:33:01 AM
Guys - let's put all this to rest.

I've asked about "Immediate Supervision"

No - you don't have to be standing next to them one-on-one.

According to a DEC officer: The "immediate" supervision is specified because they don't want your son/daughter a half mile away from your deer stand while "under your supervision." (i.e. just because you brought them to the woods you still need to be able to keep an eye on them.)

I've co-taught Boy Scouts rifle shooting with a DEC officer who happens to be a Scout Leader. There were two of us to about 8 scouts (and our limiting factor was rifles, not the law)  He was far less attentive than roving RSO's, believe me.

The scout leaders - even the DEC Officer - only had NY Hunter Safety.

BTW: Appleseed line safety is far superior to what I see on the boy scout line.
(Since I've been on the trail informal firing lines of "winks and nods" make me nervous.)

Quote from: R1sgx2 on October 04, 2010, 04:22:07 PM
Again,

Quote
"immediate supervision". 
Does this mean one instructor to each youth shooter?

Youths 12-16 can shoot firearms that use gunpowder at an indoor or outdoor range must be under the immediate supervision, guidence, and instruction of:
- A duly commisioned officer of the US Army/Navy/Marines/Coast Guard, or NY National Guard
- a US Citizen with small arms instruction certification provided by the Army/Navy/Marines, or NRA
- An adult with a hunter safety certificate

Again, does this mean one instruct to each 12 - 16 year olds, if I was watching a portion of the line and with one shooter two shooters away from the 12 - 16 year old, and bent over talking, is that immediate supervision to the 12 - 16 year old two shooters away behind me?
We can hold 100 pieces of paper of certifications, but what is the legal definition of IMMEDIATE SUPERVISION?
Title: Re: Age restrictions in NY
Post by: Another D.O.M. on October 05, 2010, 11:16:33 PM
Quote from: gunville on October 05, 2010, 12:33:01 AMGuys - let's put all this to rest.

I've asked about "Immediate Supervision"

No - you don't have to be standing next to them one-on-one.

According to a DEC officer: The "immediate" supervision is specified because they don't want your son/daughter a half mile away from your deer stand while "under your supervision." (i.e. just because you brought them to the woods you still need to be able to keep an eye on them.)

I've co-taught Boy Scouts rifle shooting with a DEC officer who happens to be a Scout Leader. There were two of us to about 8 scouts (and our limiting factor was rifles, not the law)  He was far less attentive than roving RSO's, believe me.

The scout leaders - even the DEC Officer - only had NY Hunter Safety.

BTW: Appleseed line safety is far superior to what I see on the boy scout line.
(Since I've been on the trail informal firing lines of "winks and nods" make me nervous.)
Thank you Gunville!

So for our purposes, Immediate Supervision means the instructor needs to be within sight of, and within reasonably quick reach of, the shooters (according to the DEC officer).
MJA
Title: Re: Age restrictions in NY
Post by: Another D.O.M. on December 22, 2010, 12:04:18 PM
I hope this update provides further clarification of the "immediate supervision" question.

I spoke today with someone who is 'connected' on several levels - the individual is an officer of the NYSRPA, sits on the Board of the NRA, and is an investigator for the NYSP.  I asked specifically about this statute and the "immediate supervision" question.

It is generally agreed within the NYS law enforcement community that "immediate supervision" refers to a supervised firing line that adheres to generally accepted safety guidelines, including a safety briefing and discussion of the safety rules and one or more duly certified safety officers (as defined elsewhere within the statute).  In the case of Appleseed events, we use a Line Boss and at least two RSOs for each line; and multiple instructors where available.  We also typically assign an instructor to keep a close eye on younger shooters to be certain safety guidelines are adhered to.  To satisfy the requirements of the statute, the Line Boss and RSOs should be duly certified as provided within the statute.

The term "immediate supervision" does not mean one-on-one instruction, and the NYSRPA lobbied heavily to ensure that the term "one-on-one" was not included in the statute.

Appleseed's standardized safety procedures are sufficient to satisfy the intent of the NY statute as long as there are duly certified instructors on the line.  I don't think anyone can deny that lawyers are paid very well to manipulate the intent of the law when it comes to civil matters - that's why RWVA has a liability insurance policy.  Of course, strict adherence to our safety rules and procedures, proper attention to ALL shooters on the line and prompt correction or action when required is the best way to prevent such things from arising.

I also asked about the likelihood of having Appleseed instructors recognized and certified by the NRA as 'duly certified' for the purposes of this statute, considering the extent of training our instructors undergo.  This individual said our certification process is certainly far more intensive than that of the NRA, and there should be no reason why our instructors cannot be certified by the NRA as well.  He is going to bring this to the attention of the appropriate individuals within the NRA and will work to make this a reality as quickly as possible.  No guarantees of course, but this is a big step in the right direction.

Comments and/or questions are welcome!
MJA
Title: Re: Age restrictions in NY
Post by: nyrasgt on December 22, 2010, 04:22:25 PM
That said...and while we're waiting, the 2 NRA Instructor classes (Jan 7-8-9 Pistol and Jan 14-15-16) for $90 + $35 for RSO Cert are BOTH a go...believe 13 signed up for pistol and 6 for rifle...@ Hudson Falls Fish and Game...
  Now we have to get working on the CPR/AED for $5 classes...while I take my EMT Recert class (hi, Nick).
Excelsior,
mad
Title: Re: Age restrictions in NY
Post by: R1SGx2 on December 23, 2010, 08:36:13 AM
A/DOM,

Tango Yankee X's 2, Good job - Answered one question, and kept open the door for NRA / cross certification.
Nice work... Would be smart for NRA to recognize us as NRA Rifle instructors as would probably add to their membership if the were to say that they certify AS instructors provided they are an active and current member of NRA, just a thought... O0 :bow: O0 :bow:
Title: Re: Age restrictions in NY
Post by: nyrasgt on December 23, 2010, 11:25:54 AM
Folks,
   Will attempt to reach out to 4H and find out how they get around law - or if they also wait till 12...
Excelsior,
mad
Title: Re: Age restrictions in NY
Post by: jmdavis on December 23, 2010, 11:50:12 AM
Quote from: R1sgx2 on December 23, 2010, 08:36:13 AM
A/DOM,

Tango Yankee X's 2, Good job - Answered one question, and kept open the door for NRA / cross certification.
Nice work... Would be smart for NRA to recognize us as NRA Rifle instructors as would probably add to their membership if the were to say that they certify AS instructors provided they are an active and current member of NRA, just a thought... O0 :bow: O0 :bow:

There is value to the NRA training, I know that I learned some things in the Rifle Instructor class that I took in November. Their resources and methods have value particularly when dealing with inexperienced shooters. I believe that most AS instructors could benefit from the NRA's Rifle Instructor class.
Title: Re: Age restrictions in NY
Post by: dwarven1 on December 23, 2010, 04:07:41 PM
Just wondering: what's the definition of "small arms"?
"- a US Citizen with small arms instruction certification provided by the Army/Navy/Marines, or NRA"

As I'm an NRA Instructor certified in Basic Pistol. Haven't taken the Rifle module yet.
Title: Re: Age restrictions in NY
Post by: Another D.O.M. on December 24, 2010, 01:35:15 AM
If I'm not mistaken, the military considers 'small arms' to be those that are hand held as opposed to mounted.
MJA
Title: Re: Age restrictions in NY
Post by: nyrasgt on December 24, 2010, 02:27:31 AM
ADOM et. al.,
   Believe you are correct - and active mil folk chime in here, if not...
Small arms carried-issued-used by individuals, as opposed to (as ADOM said) mounted weapons, or, alternatively, crew-served weapons.  E.G., a Garand-M14-BAR-M1 carbine, etc., as well as all sidearms are small arms; M2 (ma deuce) - not so much.  Expect M60 is just barely small arms...
Excelsior and enjoy the holidays; lots of ammo in the kevlar stockings...
madMark
PS  Have S&W contact for extending their Instructor Purchase Program to AS RHIs; the two NRA Instructor classes
  (Jan 7-8-9 Pistol and Jan 14-15-16 Rifle are both goes; believe appx 14 registered for pistol and 6 rifle - contact me if anyone still interested in squeezing in for 1/3 usual cost rather than waiting till next classes some time in Spring or  Summer...
Title: Re: Age restrictions in NY
Post by: Earl on December 24, 2010, 12:58:42 PM
M-60 is a crew served machine gun, it can be used by one person for a limited time, but most effective and designed for crew served.
Title: Re: Age restrictions in NY
Post by: gunville on December 26, 2010, 10:14:51 PM
I think we can rule out teaching youngsters the finer points of the M60...
Besides - class 3 is a ny-no-no

I understood "small arms" to mean essentially anything but artillery (and armor.)