NY State Senate Bill 2009-S6148

Senate Bill S6148

2009-2010 Legislative Session

Prohibits the possession of guns in or upon the grounds of buildings that serve alcoholic beverages

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Oct 07, 2009	print number 6148b
Oct 07, 2009	amend and recommit to rules
Sep 14, 2009	print number 6148a
Sep 14, 2009	amend and recommit to rules
Aug 31, 2009	referred to rules

Bill Amendments

Original

B (Active)

2009-S6148 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.01 & 265.20, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S574

2009-S6148 - Summary

Prohibits the possession of guns in or upon the grounds of buildings that serve alcoholic beverages; provides exemption to on-duty police officers, owner or employee protecting the establishment or a club.

2009-S6148 - Sponsor Memo

                                 BILL NUMBER:  S6148

 TITLE OF BILL :
An act to amend the penal law, in relation to prohibiting the
possession of guns in or upon the grounds of buildings that serve
alcoholic beverages


 PURPOSE :
To prohibit the possession of rifles, shotguns, and firearms in
establishments that serve alcohol.

 SUMMARY OF PROVISIONS :
Section 1 amends subdivision 3 of section 265.01 of the penal law by
adding two new paragraphs:

(b) A person is guilty of possession of a firearm in the fourth degree
if he or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon the premises of an establishment for which a
license to sell alcoholic beverages for on-premises consumption has
been issued pursuant to the alcoholic beverage control law.

(c) The provisions of paragraph (b) do not apply to on-duty police
officers, owners or employees of the licensed premises, or any
non-profit organization or "club" defined in subdivision 9 or section
3 of the alcoholic beverage control law, including the exterior

grounds of any golf course or outdoor recreation area affiliated with
such club.

Section 2 relates to the effective date.

 JUSTIFICATION :
A recent survey conducted by David Randolph Smith Law Firm revealed
that 23 states expressly prohibit carrying loaded guns in areas
serving alcohol.  While New York state law prohibits the carrying of
firearms on education grounds and school buses, it currently does not
have a statute that directly relates to the consumption of alcohol.

The goal of this legislation is to expand current law to other
sensitive places such as bars, restaurants, and night clubs, where the
combination of firearms and alcohol on the premises of drinking
establishments creates a danger and threat to public safety. This
legislation recognizes that, while the mere presence of permitted guns
in bars may not be harmful per se, these guns may become harmful by
the intervention and acts of other persons and patrons, whether they
are intentional or not.

The bill exempts police officers in pursuit of their official duty,
owners and employees who have the responsibility to protecting their
drinking establishments, and non-profit institutions such as
charities, fraternal and veterans organizations.

A violation of the provisions set forth in the bill constitutes a
class A misdemeanor.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
 EFFECTIVE DATE :
Immediately.

2009-S6148 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6148

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             August 31, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to prohibiting the possession
  of guns in or upon the  grounds  of  buildings  that  serve  alcoholic
  beverages

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of  section  265.01  of  the  penal  law,  as
amended  by  chapter  199  of  the  laws  of 2006, is amended to read as
follows:
  (3) (A) He or she knowingly has in his  or  her  possession  a  rifle,
shotgun  or  firearm  in  or upon a building or grounds, used for educa-
tional purposes, of any school, college or university, except the fores-
try lands, wherever located, owned and maintained by the State Universi-
ty of New York college of environmental science and forestry, or upon  a
school  bus  as  defined in section one hundred forty-two of the vehicle
and traffic law, without the written authorization of  such  educational
institution.
  (B)  HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE, SHOTGUN
OR FIREARM IN OR UPON THE PREMISES  OF  AN  ESTABLISHMENT  FOR  WHICH  A
LICENSE  FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION
HAS BEEN ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW.
  (C) THE PROVISIONS OF PARAGRAPH (B)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY TO:
  1.  A  PERSON WHO IS A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIR-
TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, IN PURSUIT OF HIS
OR HER OFFICIAL DUTIES;
  2. AN OWNER OR EMPLOYEE OF THE LICENSED PREMISES WITH THE RESPONSIBIL-
ITY OF PROTECTING SUCH ESTABLISHMENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14699-02-9

S. 6148                             2

  3. A CLUB AS DEFINED IN SUBDIVISION NINE OF SECTION THREE OF THE ALCO-
HOLIC BEVERAGE CONTROL LAW, INCLUDING THE EXTERIOR GROUNDS OF  ANY  GOLF
COURSE OR OUTDOOR RECREATION AREA AFFILIATED WITH SUCH CLUB; or
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2009-S6148A - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.01 & 265.20, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S574

2009-S6148A - Summary

2009-S6148A - Sponsor Memo

                                 BILL NUMBER:  S6148A

 TITLE OF BILL :
An act to amend the penal law, in relation to prohibiting the
possession of guns in or upon the grounds of buildings that serve
alcoholic beverages

 PURPOSE :
To prohibit the possession of rifles, shotguns, and firearms in
establishments that serve alcohol.

 SUMMARY OF PROVISIONS :
Section 1 amends subdivision 3 of section 265.01 of the penal law by
adding two new paragraphs:

(b) A person is guilty of possession of a firearm in the fourth degree
if he or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon the premises of an establishment for which a
license to sell alcoholic beverages for on-premises consumption has
been issued pursuant to the alcoholic beverage control law.

(c) The provisions of paragraph (b) do not apply to owners or
employees of the licensed premises, or any non-profit organization or
"club" defined in subdivision 9 or section 3 of the alcoholic beverage
control law, including the exterior grounds of any golf course or
outdoor recreation area affiliated with such club.

Section 2 relates to the effective date.

 JUSTIFICATION :
A recent survey conducted by David Randolph Smith Law Firm revealed
that 23 states expressly prohibit carrying loaded guns in areas
serving alcohol. While New York state law prohibits the carrying of
firearms on education grounds and school buses, it currently does not
have a statute that directly relates to the consumption of alcohol.

The goal of this legislation is to expand current law to other
sensitive places such as bars, restaurants, and night clubs, where the
combination of firearms and alcohol on the premises of drinking
establishments creates a danger and threat to public safety. This
legislation recognizes that, while the mere presence of permitted guns
in bars may not be harmful per se, these guns may become harmful by
the intervention and acts of other persons and patrons, whether they
are intentional or not.

In addition to the exemptions provided for in section 265.20 of the
penal law, the bill exempts owners and employees who have the
responsibility to protect their drinking establishments, and
non-profit institutions such as charities, fraternal and veterans
organizations.

A violation of the provisions set forth in the bill constitutes a
class A misdemeanor.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
One hundred and twentieth day after becoming law.

2009-S6148A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6148--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             August 31, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to prohibiting the possession
  of  guns  in  or  upon  the  grounds of buildings that serve alcoholic
  beverages

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  265.01  of the penal law, as
amended by chapter 199 of the laws  of  2006,  is  amended  to  read  as
follows:
  (3)  (A)  He  or  she  knowingly has in his or her possession a rifle,
shotgun or firearm in or upon a building or  grounds,  used  for  educa-
tional purposes, of any school, college or university, except the fores-
try lands, wherever located, owned and maintained by the State Universi-
ty  of New York college of environmental science and forestry, or upon a
school bus as defined in section one hundred forty-two  of  the  vehicle
and  traffic  law, without the written authorization of such educational
institution.
  (B) HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,  SHOTGUN
OR  FIREARM  IN  OR  UPON  THE  PREMISES OF AN ESTABLISHMENT FOR WHICH A
LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES  CONSUMPTION
HAS BEEN ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW.
  (C)  THE  PROVISIONS  OF  PARAGRAPH  (B) OF THIS SUBDIVISION SHALL NOT
APPLY TO:
  1. AN OWNER OR EMPLOYEE OF THE LICENSED PREMISES WITH THE RESPONSIBIL-
ITY OF PROTECTING SUCH ESTABLISHMENT; OR
  2. A CLUB AS DEFINED IN SUBDIVISION NINE OF SECTION THREE OF THE ALCO-
HOLIC BEVERAGE CONTROL LAW, INCLUDING THE EXTERIOR GROUNDS OF  ANY  GOLF
COURSE OR OUTDOOR RECREATION AREA AFFILIATED WITH SUCH CLUB; or
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14699-03-9

co-Sponsors

2009-S6148B (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.01 & 265.20, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S574

2009-S6148B (ACTIVE) - Summary

2009-S6148B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6148B

 TITLE OF BILL :
An act to amend the penal law, in relation to prohibiting the
possession of guns in or upon the grounds of buildings that serve
alcoholic beverages


 PURPOSE :
To prohibit the possession of rifles, shotguns, and firearms in
establishments that serve alcohol.

 SUMMARY OF PROVISIONS :
Section 1: A person is guilty of possession of a firearm in the fourth
degree if he or she knowingly has in his or her possession a rifle,
shotgun or firearm in or upon the premises of an establishment for
which a license to sell alcoholic beverages for on-premises
consumption has been issued pursuant to the alcoholic beverage control
law.

Section 2: The provisions in section 1 do not apply to owners or
employees of the licensed premises who have the responsibility of
protecting their establishment and its patrons, or any member of a
"club" as defined in subdivision 9 of section 3 of the alcoholic
beverage control law, who is located on any portion of the premises
used exclusively for the consumption of alcoholic beverages, including

the exterior grounds of any golf course or outdoor recreation area
affiliated with such club.

Section 3 relates to the effective date.

 JUSTIFICATION :
A recent survey conducted by David Randolph Smith Law Firm revealed
that 23 states expressly prohibit carrying loaded guns in areas
serving alcohol.  While New York state law prohibits the carrying of
firearms on education grounds and school buses, it currently does not
have a statute that directly relates to the consumption of alcohol.

The goal of this legislation is to expand current law to other
sensitive places such as bars, restaurants, and night clubs, where the
combination of firearms and alcohol on the premises of drinking
establishments creates a danger and threat to public safety. This
legislation recognizes that, while the mere presence of permitted guns
in bars may not be harmful per se, these guns may become harmful by
the intervention and acts of other persons and patrons, whether they
are intentional or not.

In addition to the exemptions provided for in section 265.20 of the
penal law, the bill exempts owners and employees who have the
responsibility to protect their drinking establishments and its
patrons, and members of nonprofit "clubs" such as fraternal and
veterans organizations.

A violation of the provisions set forth in the bill constitutes a
class A misdemeanor.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
120 days after becoming law.

2009-S6148B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6148--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             August 31, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to prohibiting the possession
  of guns in or upon the  grounds  of  buildings  that  serve  alcoholic
  beverages

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.01 of the penal law is amended by adding a  new
subdivision 3-a to read as follows:
  (3-A)  HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE, SHOT-
GUN OR FIREARM IN OR UPON THE PREMISES OF AN ESTABLISHMENT FOR  WHICH  A
LICENSE  FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION
HAS BEEN ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW.
  S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
  E. THE PROVISIONS OF SUBDIVISION THREE-A OF  SECTION  265.01  OF  THIS
ARTICLE SHALL NOT APPLY TO:
  (1)  A PERSON WHO IS AN OWNER OR EMPLOYEE OF THE LICENSED PREMISES FOR
THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WHO HAS  THE
RESPONSIBILITY OF PROTECTING SUCH ESTABLISHMENT AND ITS PATRONS; OR
  (2)  A CLUB MEMBER OF A CLUB AS DEFINED IN SUBDIVISION NINE OF SECTION
THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW,  WHO  IS  LOCATED  ON  SUCH
PREMISES  OR  PORTION  OF SUCH PREMISES THAT IS USED EXCLUSIVELY BY SUCH
MEMBERS FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES INCLUDING THE
EXTERIOR GROUNDS OF ANY GOLF COURSE OR OUTDOOR  RECREATION  AREA  AFFIL-
IATED WITH SUCH CLUB.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14699-05-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.