BILL NUMBER: S4911

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the penal law, in relation to prohibiting the sale of a
firearm, rifle, shotgun or ammunition on state property

 
PURPOSE:

Would prohibit the sale of a firearm, rifle, shotgun or ammunition on
state property including all county, city and municipal property and any
fairground located on state, county, city or municipal property.

 
SUMMARY OF PROVISIONS:

Section One: Adds a new Section 265.67 prohibiting the sale of a
firearm, rifle,shotgun or ammunition on state property with exceptions.

1. Defines "state property" to include all property owned by the state
including all county, city and municipal property and any fairground
located on state, county, city or municipal property.
              

2. Makes it unlawful for any state officer, employee or operator, lessee
or licensee of any state property to contract for, authorize, or allow
the sale of any firearm, rifle, shotgun or ammunition on state property
or in the buildings that sit on state property or property otherwise
owned, leased, occupied or operated by the state.

3. Allowable exceptions include:

(a)A gun buyback event held by a law enforcement agency

(b)Sales that occur pursuant to a contract that was entered into before
January 1,2023

(c) The purchase of a firearm, rifle, shotgun or ammunition on state
property by a law enforcement agency in the course of its regular
duties.

Makes unlawful sale of a firearm, rifle, shotgun or ammunition on state
property a class A misdemeanor.

Section 2: Provides for an effective date.

 
EXISTING LAW:

Gun shows are currently conducted on state property and are featured
events at the state fairgrounds and local fairgrounds across New York.

 
JUSTIFICATION:

In light of the recent, US Supreme Court decision in New York State:
Rifle and Pistol Association., Inc. V. Bruen the state of New York
responded with omnibus legislation (Chapter 371 of 2022) that strength-
ened the licensing requirements that an applicant must meet in order to
obtain a firearms license. It also protects New Yorkers from gun
violence by enumerating a list of sensitive locations where even people
with licenses cannot carry a firearm, and protects private property
rights by requiring owners to "opt in" to allowing weapons on their
property. Additionally, it strengthens safe storage laws by increasing
the age limit, so that safe storage laws apply if a minor under the age
of 18 lives in the home; and by ensuring that a person cannot leave a
weapon in a car outside of their possession unless the weapon is in a
lockbox.

This new legislation would complement the omnibus legislation by affir-
matively prohibiting gun sales on state property and making it the poli-
cy of the State of New York not to promote the sale of firearms, rifles,
shotguns or ammunition on any state, county, city or municipal property
including fairgrounds.

 
LEGISLATIVE HISTORY:

S. 9529 of 2022: New Bill, Referred to Rules

 
FISCAL IMPLICATIONS:

There could be a minimal but acceptable loss of revenue from prohibiting
gun shows on state property and the state fairgrounds.

 
LOCAL FISCAL IMPLICATIONS:

There could be a minimal but acceptable loss of revenue from prohibiting
gun shows on county property and the county fairgrounds.

 
EFFECTIVE DATE:
Ninety days after it shall have become a law.