BILL NUMBER:S7441

TITLE OF BILL:
An act
to amend the parks, recreation and historic preservation law, in
relation to prohibiting the possession of concealed firearms in
national
parks
and national wildlife refuge systems

PURPOSE OR GENERAL IDEA OF THE BILL:
To prohibit the possession of
concealed firearms in any park, campground or other recreation area.

SUMMARY OF PROVISIONS:
The parks, recreation and  historical
preservation law is amended by adding a new section 13.31 which will
enact the prohibition of concealed firearms in parks, campgrounds and
other public recreation areas. Except as provided in this section and
otherwise specifically permitted in law, no person, other than a
member of a federal, state or municipal law enforcement agency, shall
introduce or possess, either upon his or her person or within a
vehicle or other place of storage, any concealed firearm in any
federal, state or municipal park, campground or other publicly
dedicated recreation area.

              

The prohibition in subdivision one of this section shall not apply: to
any campground under jurisdiction of the department of environmental
conservation only during the spring and fall hunting seasons; and to
any person employed by a private security firm which has contracted
with the public agency having jurisdiction over the park, campground
or public recreation area for services on the property under the
jurisdiction, custody and control of such public agency who shall be
permitted, with the approval of such public agency, to carry or
possess a concealed firearm supplied by his/her employer in the
course of his/her employment on such property, provided that such
person is licensed pursuant to section 400.00 of the penal law and
meets such minimum qualifications as may be established by such
public agency. In addition, any firm providing security services on
park land, campgrounds or other publicly dedicated recreation area
lands shall provide public liability insurance, naming the
appropriate federal government, state or municipal agency as an
insured party, in such amounts as the public agency with jurisdiction
shall require.

A violation of the provisions of this section shall be subject to a
civil penalty not to exceed one thousand dollars.

JUSTIFICATION:
A new Federal Regulation (36 CFR Part 2 and 50 CFR Part
27) enacted in December, 2008 allows for the carrying of concealed

weapons in National Parks and National Wildlife Areas by those
licensed to carry such weapons by State law. This new federal
regulation creates confusing, burdensome, and unnecessary
inconsistencies regarding firearm regulations as it conflicts with
current State Park and DEC rules prohibiting the carrying of
concealed firearms. In the interest of public safety and the
protection of natural resources, as well as consistency of statute
among State, Federal and Municipal parklands, it is necessary to
prohibit the possession of concealed firearms in any park, campground
or other public recreation area within the State.

LEGISLATIVE HISTORY:
2009-10: A.7183C Reported Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the
first of November
next succeeding the date on which it shall have become a law.