NY State Senate Bill 2023-S1025

Senate Bill S1025

2023-2024 Legislative Session

Relates to certain persons engaging in certain firearm safety shooting instruction or persons engaging in wildlife control or management

download bill text pdf

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 09, 2023	referred to codes

2023-S1025 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.01-e, Pen L

2023-S1025 (ACTIVE) - Summary

Exempts certain persons engaging in certain firearm safety shooting instruction or persons engaging in wildlife control or management from the provisions of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.

2023-S1025 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1025

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to certain persons engaging
in certain firearm safety shooting instruction or persons engaging in
wildlife control or management

 
SUMMARY OF PROVISIONS:

Section one amends paragraphs i and j of subdivision three of section
265.01e of the penal law by adding two additional exemptions:

*Persons engaging in firearm safety shooting instruction at a camp regu-
lated by article thirteen-b or fourteen of the public health law or
operating pursuant to a temporary residence permit as required by
section 225 of the public health law and any regulations promulgated by
the commissioner, at an approved shooting range and provided that such
instruction is under the direction-of a certified shooting instructor;
and

*Authorized persons engaging in wildlife control or management at a

sensitive location when authorized by the department of environmental
conservation, department of health, or other law enforcement agency.

Sections two is the effective date.

 
JUSTIFICATION:

In 2022, the Legislature passed legislation, later signed into law, to
protect New Yorkers by restricting the carrying or use of firearms in
certain sensitive locations. However, there is some lingering uncertain-
ty as to this law's application to previously authorized and approved
firearm usage.

Various camps across the state provide opportunities to campers to
participate in gun safety shooting instruction. This instruction takes
place on approved shooting ranges, is under the direction of a certified
shooting instructor, and ultimately is regulated by the Department of
Health (DOH).

For those same camps, there are also occasions where camp rangers have
to use firearms to engage in emergency wildlife management, such as a
rabid animal entering the campground. This emergency wildlife management
is approved by the Department of Environmental Conservation (DEC), DOH,
and law enforcement agencies.

This bill, which provides an exemption to the 2022 law for persons
engaged in firearm safety shooting instruction and wildlife control or
management, both protects current camp programming and clarifies that
camp staff have the means to keep their campers safe. These camps are an
important part of many New Yorkers' lives, and the state should do what
it can to provide clarity regarding safe firearms use in campgounds.

 
LEGISLATIVE HISTORY:

2021-22: S.9600

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1025 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1025
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to certain  persons  engaging
   in  certain firearm safety shooting instruction or persons engaging in
   wildlife control or management

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (i) and (j) of subdivision 3 of section 265.01-e
 of  the  penal  law,  as  added  by chapter 371 of the laws of 2022, are
 amended and two new paragraphs (k) and (l) are added to read as follows:
   (i) persons lawfully engaged in  hunting  activity,  including  hunter
 education training; [or]
   (j)  persons  operating a program in a sensitive location out of their
 residence, as defined by this section,  which  is  licensed,  certified,
 authorized,  or  funded  by the state or a municipality, so long as such
 possession is in compliance with any rules or regulations applicable  to
 the operation of such program and use or storage of firearms[.];
   (K)  PERSONS ENGAGING IN FIREARM SAFETY SHOOTING INSTRUCTION CONDUCTED
 AT A  CAMP REGULATED BY ARTICLE THIRTEEN-B OR  FOURTEEN  OF  THE  PUBLIC
 HEALTH  LAW  OR  OPERATING  PURSUANT  TO A TEMPORARY RESIDENCE PERMIT AS
 REQUIRED BY PARAGRAPH (O) OF SUBDIVISION FIVE  OF  SECTION  TWO  HUNDRED
 TWENTY-FIVE  OF THE PUBLIC HEALTH LAW AND ANY REGULATIONS PROMULGATED BY
 THE COMMISSIONER OF HEALTH, AT AN APPROVED SHOOTING RANGE, PROVIDED THAT
 SUCH INSTRUCTION IS UNDER THE DIRECTION OF A CERTIFIED SHOOTING INSTRUC-
 TOR AS APPROVED BY A LOCAL OR COUNTY HEALTH DEPARTMENT; OR
   (L) AUTHORIZED PERSONS ENGAGED IN WILDLIFE CONTROL OR MANAGEMENT AT  A
 SENSITIVE  LOCATION  WHEN  A  FIREARM  IS REQUIRED TO MANAGE WILDLIFE AS
 AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,  DEPARTMENT
 OF HEALTH OR OTHER LAW ENFORCEMENT AGENCY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02717-01-3

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