BILL NUMBER:S1201

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 13.32 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.2183C Reported Referred to Codes

2011-12: S.7441
2013-14: S.1034- Referred to Cultural Affairs, Tourism, Parks &
Recreation

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.