Menu
  • Home
  • Case Pages
    • 2024 – 2025 Term
      • September Session
      • October Session
      • November Session
      • January Session
    • 2023 – 2024 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2022 – 2023 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2021 – 2022 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2020 – 2021 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
    • 2019 – 2020 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
      • June Session
    • Pending Cases
      • All Pending Cases
      • Fully Briefed
      • Not Fully Briefed
  • Roundups & Interviews
    • Experts Roundups
      • The Chief Judge Vacancy
      • Matter of Harkenrider v. Hochul
      • The Mortgage Acceleration Cases
      • Doe v. Bloomberg LP
      • CNH Diversified v. Cleveland Unlimited
    • News Roundups
    • Interviews
      • Hon. Leslie Stein (NYCA)
      • Hon. Eugene Fahey (NYCA)
  • NYCA Stats
    • 2023-2024 Term
    • 2022-2023 Term
    • 2021-2022 Term
    • 2021-2022 Midterm
    • 2020-2021 Term
    • 2019-2020 Term
    • 2018-2019 Term
  • Jurisdictional Letters
    • Finality
    • Constitutional Question
    • Dissents
    • Statute’s Validity
    • Stipulated Judgment
    • Necessarily Affects
    • Miscellaneous
      • Aggrieved Party
  • Resources
    • How An Appeal Gets To The New York Court of Appeals
    • Court Decisions
      • NYCA Decisions
      • Lower Court Decisions
      • Second Circuit Decisions
    • Legislative Resources
      • NY Statutes
      • NY Session Laws
      • NYCRR
      • NY Register
    • Research Resources
      • NY Bill Jackets
        • Bill Jackets (1995-present)
        • About older bill jackets.
      • NY Constitutional History
      • NYCA Briefs and Records
        • NYCA Briefs (2013-present)
        • About older NYCA briefs.
      • Other Primary Resources
        • NYLawz
        • NY State Library
        • Hein NY Legal Research Library (sub)
    • Practice Resources
      • NYCA Practice Rules
      • NYCA Civil Practice Outline
      • Certified Questions Handbook
      • NY Citation Rules
    • News and Commentary
      • NY Law Journal (sub)
      • NY Appellate Digest
      • NY Court Watcher
      • The CPLR Blog
      • NY Appeals
      • NY Focus
  • About Us
    • Who We Are
    • Contact Us
TwentyEagle

Case Summary – Hunters for Deer, Inc. v. Town of Smithtown

Posted on 2020-12-012020-12-04

The question in this case is whether a state law requiring bow-and-arrow users to maintain a minimum distance from dwellings, schools, and recreational areas when discharging their weapons preempts a more restrictive town law.

The Town of Smithtown passed an ordinance barring the discharge of “firearms” within “all areas” of the Town, except on the firearm user’s property and on the property of others who consent. Even within those permitted zones, however, firearm-users may not discharge their weapon weapons if they are “within 500 feet from a dwelling, school or occupied structure, or a park, beach, playground or any other outdoor recreational or nonrecreational activities.” The ordinance defines “firearm” to include “a bow and arrow.”

Hunters for Deer, Inc., along with its president, challenged the Town’s ordinance’s restriction on bow-and-arrow discharges. They claimed that New York’s Environmental Conservation law preempts that restriction. The Environmental Conservation Law bars people from discharging a longbow within 150 feet and a crossbow within 250 feet of “a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, public structure, or occupied factory or church.” When plaintiffs sought summary judgment based on this theory, Supreme Court rejected the theory and denied plaintiffs’ motion.

The Second Department disagreed and granted plaintiffs summary judgment. The court held that the Town’s ordinance could not survive “conflict preemption,” which invalidates “a local law [that] prohibits what a state law explicitly allows” or “a local law [that] explicitly allows” what “a state law prohibits.” Here, the court held, state law explicitly allows longbow users to discharge their weapons if they are more than 150 feet away, and crossbow users to discharge their weapons if they are more than 250 feet away, from a dwelling, school, or recreational area. And because the Town’s ordinance prohibits such discharges, it is preempted.

The court acknowledged that New York’s Town Law allows towns to pass ordinances “prohibiting the discharge of firearms in areas in which such activity may be hazardous to the general public policy or nearby residents.” But the court interpreted the term “firearm” as used in the Town Law to exclude bows and arrows.

The Court of Appeals granted leave to appeal.

By Scott on 2020-12-01.
Return to the case page.

©2025 TwentyEagle | WordPress Theme by Superbthemes.com