S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1394
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   criminal possession of a weapon in a polling place
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  6  of  section  400.00  of the penal law, as
 amended by chapter 212 of the laws  of  2022,  is  amended  to  read  as
 follows:
   6.  License:  validity.  Any  license  issued pursuant to this section
 shall be valid notwithstanding the provisions of any local law or  ordi-
 nance. No license shall be transferable to any other person or premises.
 A  license  to  carry or possess a pistol or revolver, or to purchase or
 take possession of a semiautomatic rifle, not otherwise  limited  as  to
 place  or  time  of possession, shall be effective throughout the state,
 except that the same shall not be valid within  the  city  of  New  York
 unless  a  special  permit  granting  validity  is  issued by the police
 commissioner of that city.  A LICENSE ISSUED UNDER THIS SECTION DOES NOT
 AUTHORIZE ANY PERSON TO CARRY A PISTOL  OR  REVOLVER  INTO  ANY  POLLING
 PLACE  ON  THE  DAY OF AN ELECTION OR WHILE EARLY VOTING IS IN PROGRESS.
 Such license to carry or possess shall be valid within the city  of  New
 York  in  the  absence  of a permit issued by the police commissioner of
 that city, provided that (a) the firearms covered by such  license  have
 been  purchased  from  a licensed dealer within the city of New York and
 are being transported out of said city forthwith  and  immediately  from
 said  dealer  by  the licensee in a locked container during a continuous
 and uninterrupted trip; or provided that (b)  the  firearms  covered  by
 such license are being transported by the licensee in a locked container
 and  the  trip  through  the city of New York is continuous and uninter-
 rupted; or provided that (c) the firearms covered by  such  license  are
 carried by armored car security guards transporting money or other valu-
 ables,  in,  to,  or from motor vehicles commonly known as armored cars,
 during the course of their employment; or provided that (d) the licensee
 is a retired police officer as police officer  is  defined  pursuant  to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03264-01-3
 A. 1394                             2
 
 subdivision thirty-four of section 1.20 of the criminal procedure law or
 a retired federal law enforcement officer, as defined in section 2.15 of
 the  criminal procedure law, who has been issued a license by an author-
 ized  licensing  officer as defined in subdivision ten of section 265.00
 of this chapter; provided, further, however, that if  such  license  was
 not  issued  in  the  city of New York it must be marked "Retired Police
 Officer" or "Retired Federal Law Enforcement Officer", as the  case  may
 be, and, in the case of a retired officer the license shall be deemed to
 permit  only  police  or federal law enforcement regulations weapons; or
 provided that (e) the licensee is a peace officer described in  subdivi-
 sion four of section 2.10 of the criminal procedure law and the license,
 if  issued by other than the city of New York, is marked "New York State
 Tax Department Peace Officer" and in such case the exemption shall apply
 only to the firearm issued to such licensee by the department  of  taxa-
 tion  and finance. A license as gunsmith or dealer in firearms shall not
 be valid outside the city or county, as the case may be,  where  issued.
 Notwithstanding any inconsistent provision of state or local law or rule
 or  regulation, the premises limitation set forth in any license to have
 and possess a pistol or revolver in the licensee's dwelling or place  of
 business  pursuant  to  paragraph  (a) or (b) of subdivision two of this
 section shall not prevent the  transport  of  such  pistol  or  revolver
 directly  to  or  from  (i) another dwelling or place of business of the
 licensee where the licensee is  authorized  to  have  and  possess  such
 pistol  or  revolver,  (ii)  an indoor or outdoor shooting range that is
 authorized by law to operate as such, (iii) a  shooting  competition  at
 which  the  licensee may possess such pistol or revolver consistent with
 the provisions of subdivision a of section 265.20  of  this  chapter  or
 consistent  with the law applicable at the place of such competition, or
 (iv) any other location where the licensee  is  lawfully  authorized  to
 have  and possess such pistol or revolver; provided however, that during
 such transport to or from a location specified in  clauses  (i)  through
 (iv)  of  this  paragraph,  the pistol or revolver shall be unloaded and
 carried in a locked container, and  the  ammunition  therefor  shall  be
 carried  separately;  provided  further, however, that a license to have
 and possess a pistol or revolver in the licensee's dwelling or place  of
 business  pursuant  to  paragraph  (a) or (b) of subdivision two of this
 section that is issued by a licensing  officer  other  than  the  police
 commissioner  of the city of New York shall not authorize transport of a
 pistol or revolver into the city of New York in the absence  of  written
 authorization to do so by the police commissioner of that city. The term
 "locked container" shall not include the glove compartment or console of
 a vehicle.
   § 2. The penal law is amended by adding a new section 265.01-f to read
 as follows:
 § 265.01-F CRIMINAL POSSESSION OF  A WEAPON AT A POLLING PLACE.
   A  PERSON  IS  GUILTY  OF CRIMINAL POSSESSION OF A WEAPON AT A POLLING
 PLACE WHEN  HE OR SHE KNOWINGLY HAS IN HIS OR HER  POSSESSION  A  RIFLE,
 SHOTGUN, OR FIREARM IN OR  WITHIN ONE HUNDRED FEET OF A POLLING PLACE ON
 THE DAY OF A PRIMARY, SPECIAL OR GENERAL  ELECTION OR WHILE EARLY VOTING
 IS  IN PROGRESS. NOTHING IN THIS SECTION SHALL APPLY TO A POLICE OFFICER
 IN THE PERFORMANCE OF HIS OR HER DUTIES.
   CRIMINAL POSSESSION OF A WEAPON AT A POLLING PLACE IS A CLASS E  FELO-
 NY.
   § 3. This act shall take effect immediately.