Bill Text: NY S09137 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2024-06-04 - referred to codes [S09137 Detail]

Download: New_York-2023-S09137-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9137

                    IN SENATE

                                     April 30, 2024
                                       ___________

        Introduced  by  Sens. GIANARIS, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SI-
          GAL, JACKSON, STAVISKY, THOMAS -- read twice and ordered printed,  and
          when printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to openly carrying a rifle or
          shotgun

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 9, 9, and 10 of section 265.01  of  the  penal
     2  law, subdivision 9 as added by chapter 519 of the laws of 2021, subdivi-
     3  sion 9 as amended by chapter 149 of the laws of 2022, and subdivision 10
     4  as  amended  by  chapter  94  of the laws of 2022, are amended and a new
     5  subdivision 12 is added to read as follows:
     6    (9) Such person possesses a major component of a  firearm,  rifle,  or
     7  shotgun and such person is prohibited from possessing a firearm, shotgun
     8  or rifle pursuant to:
     9    (i) this article;
    10    (ii)  subsection  (g)  of section 922 of title 18 of the United States
    11  Code; or
    12    (iii) a temporary or final extreme risk protection order issued  under
    13  article sixty-three-A of the civil practice law and rules; or
    14    [(9)]  (10)  Such  person is not licensed as a gunsmith or a dealer in
    15  firearms pursuant to section 400.00 of this chapter and, knowing it is a
    16  ghost gun, such person possesses a ghost gun,  provided  that  a  person
    17  shall  not be guilty under this subdivision when [he or she] such person
    18  (a) voluntarily surrenders such ghost gun to any law  enforcement  offi-
    19  cial  designated pursuant to subparagraph (f) of paragraph one of subdi-
    20  vision [(a)] a of section 265.20 of this article; or (b) for a period of
    21  six months after the effective date of this section  possesses  a  ghost
    22  gun  prior  to serialization and registration of such ghost gun pursuant
    23  to section 265.07 of this article[.]; or
    24    [(10)] (11) Such person is not licensed as a  gunsmith  or  dealer  in
    25  firearms  pursuant  to section 400.00 of this chapter and, knowing it is
    26  an unserialized frame or receiver or unfinished frame or receiver,  such
    27  person  possesses  an unserialized frame or receiver or unfinished frame

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14910-02-4
        S. 9137                             2

     1  or receiver, provided that for a period of six months after  the  effec-
     2  tive  date  of this subdivision, a person shall not be guilty under this
     3  subdivision when such person: (a) voluntarily surrenders such  unserial-
     4  ized  frame  or  receiver  or  unfinished  frame  or receiver to any law
     5  enforcement official designated pursuant to subparagraph  (f)  of  para-
     6  graph  one  of subdivision [(a)] a of section 265.20 of this article; or
     7  (b) possesses such unserialized frame or receiver or unfinished frame or
     8  receiver prior to serialization of such unserialized frame  or  receiver
     9  or  unfinished  frame  or  receiver  in accordance with the requirements
    10  imposed on licensed importers and  licensed  manufacturers  pursuant  to
    11  subsection  (i) of Section 923 of Title 18 of the United States Code and
    12  regulations issued pursuant thereto,  except  for  antique  firearms  as
    13  defined  in  subdivision  fourteen of section 265.00 of this article, as
    14  added by chapter nine hundred eighty-six of the laws of nineteen hundred
    15  seventy-four, or any firearm, rifle or  shotgun  manufactured  prior  to
    16  nineteen hundred sixty-eight[.]; or
    17    (12)  Such  person  openly carries a rifle or shotgun on or about such
    18  person.  For the purposes of this subdivision, "openly carries" means to
    19  carry a rifle or shotgun in a manner that renders such rifle or shotgun,
    20  or any portion thereof, visible to others.
    21    § 2. Section 265.20 of the penal law is amended by adding a new subdi-
    22  vision f to read as follows:
    23    f. Subdivision twelve of section 265.01  of  this  article  shall  not
    24  apply to:
    25    1.  Persons in the military service of the state of New York when duly
    26  authorized by regulations issued by the adjutant general to possess  the
    27  same;
    28    2.  Police  officers  as defined in subdivision thirty-four of section
    29  1.20 of the criminal procedure law;
    30    3. Peace officers as defined by section 2.10 of the criminal procedure
    31  law;
    32    4. Persons in the military or other service of the United  States,  in
    33  pursuit  of  official duty or when duly authorized by federal law, regu-
    34  lation or order to possess the same;
    35    5. Persons employed in fulfilling defense contracts with  the  govern-
    36  ment  of  the  United  States or agencies thereof when possession of the
    37  same is necessary for manufacture, transport, installation  and  testing
    38  under the requirements of such contract;
    39    6. Persons licensed under paragraph (c), (d) or (e) of subdivision two
    40  of  section 400.00 of this chapter while in the course of their official
    41  duties;
    42    7. A government employee under the express  written  consent  of  such
    43  employee's  supervising  government  entity  for the purposes of natural
    44  resource protection and management;
    45    8. Persons while lawfully engaged in taking of wildlife or attempts to
    46  take wildlife pursuant to a hunting permit  or  license  issued  by  the
    47  department  of  environmental  conservation,  or as otherwise authorized
    48  pursuant to  the  environmental  conservation  law,  and  persons  while
    49  lawfully  engaged  in  hunter education training, marksmanship practice,
    50  marksmanship competition or training, or training in the  safe  handling
    51  and use of firearms, in accordance with all applicable local, state, and
    52  federal laws, rules, and regulations;
    53    9.  Persons,  while  acting in the scope of their official duties, who
    54  are employed in the revenue control  and  security  departments  of  the
    55  metropolitan  transportation  authority,  or  the  New York city transit
        S. 9137                             3

     1  authority or an affiliate or subsidiary thereof, who are  authorized  to
     2  carry a firearm as part of their employment;
     3    10.  Persons while lawfully engaged in historical reenactments, educa-
     4  tional programming involving historical weapons of  warfare,  or  motion
     5  picture  or  theatrical  productions,  in accordance with all applicable
     6  local, state, and federal laws, rules and regulations;
     7    11. Persons, while acting within the scope of their  official  duties,
     8  who  are  responsible  for  the  storage or display of antique firearms,
     9  rifles or shotguns at museums and historic sites;
    10    12. Persons while participating in military ceremonies, funerals,  and
    11  honor guards;
    12    13.  Persons  while lawfully engaged in learning, practicing, training
    13  for, or competing in the sport  of  biathlon,  in  accordance  with  all
    14  applicable local, state, and federal laws, rules, and regulations;
    15    14. Persons while in their homes, places of business, or private prop-
    16  erty under such person's control; and
    17    15.  Persons  on  the  private  property of another, provided that the
    18  owner or lessee of such property has  given  the  person  permission  to
    19  openly  carry  a rifle or shotgun by clear and conspicuous signage indi-
    20  cating that the open carry of rifles and shotguns on their  property  is
    21  permitted or by otherwise giving express consent.
    22    § 3. This act shall take effect immediately.