NY State Senate Bill 2017-S3049

Senate Bill S3049

2017-2018 Legislative Session

Prohibits the possession of concealed firearms in national parks and national wildlife refuge systems

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation 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 03, 2018	referred to cultural affairs, tourism, parks and recreation
Jan 19, 2017	referred to cultural affairs, tourism, parks and recreation

co-Sponsors

2017-S3049 (ACTIVE) - Details

See Assembly Version of this Bill:: A2775
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §13.32, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4753, A7183
2011-2012: S7441, A4619
2013-2014: S1034, A5479
2015-2016: S1201, A6274
2019-2020: S3832, A3353
2021-2022: S1401
2023-2024: S807

2017-S3049 (ACTIVE) - Summary

Prohibits the possession of concealed firearms in any national park or national wildlife refuge system; imposes a civil penalty of not more than $1,000 for a violation thereof.

2017-S3049 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3049

 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 & Recre-
At ion

2015-16: S.1201 - 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.

2017-S3049 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3049
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sens. SERRANO, BAILEY, KRUEGER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Cultural
   Affairs, Tourism, Parks and Recreation
 
 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature hereby finds that the
 national  parks  and  national  wildlife refuge systems in the state are
 attractive places for citizens of all ages to safely enjoy the  benefits
 of healthy and safe outdoor activity. The legislature further finds that
 the  presence of concealed firearms in national parks and national wild-
 life refuge systems represents an  unnecessary  threat,  whether  inten-
 tional or unintentional, to the health and safety of citizens invited to
 enjoy  these  public  recreational opportunities as well as the wildlife
 preserved within such recreation areas. Therefore, it is the purpose  of
 the  legislature to protect the health, safety and welfare of the public
 and prohibit the possession of a concealed firearm in all national parks
 and national wildlife refuge systems, except as specifically provided by
 law.
   § 2. The parks, recreation and historic preservation law is amended by
 adding a new section 13.32 to read as follows:
   § 13.32 PROHIBITION  OF  CONCEALED  FIREARMS  IN  NATIONAL  PARKS  AND
 NATIONAL WILDLIFE REFUGE SYSTEMS.  1. 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  AUTHOR-
 IZED  TO  CARRY  A CONCEALED FIREARM, SHALL INTRODUCE OR POSSESS, EITHER
 UPON HIS OR HER PERSON OR WITHIN A VEHICLE OR OTHER  PLACE  OF  STORAGE,
 ANY  CONCEALED  FIREARM IN ANY NATIONAL PARK OR NATIONAL WILDLIFE REFUGE
 SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03679-01-7

 S. 3049                             2
 
   2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
   (A) TO THE EXTENT THE FIREARM IS USED IN CONNECTION WITH HUNTING WHERE
 AUTHORIZED BY STATE AND FEDERAL LAW; AND
   (B) TO PRIVATELY OWNED RESIDENCES WITHIN ANY NATIONAL PARK OR NATIONAL
 WILDLIFE REFUGE SYSTEM.
   3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
 CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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.

Senate Bill S3049

Share this bill

Sponsored By

Jose M. Serrano