NY State Senate Bill 2023-S552

Senate Bill S552

2023-2024 Legislative Session

Relates to permitting certain federal law enforcement officers and retired officers to possess firearms, rifles and shotguns in restricted and sensitive locations

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 05, 2023	referred to codes

2023-S552 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.01-e, 265.01-d & 265.00, Pen L

2023-S552 (ACTIVE) - Summary

Permits certain federal law enforcement officers and retired officers to possess firearms, rifles and shotguns in restricted and sensitive locations.

2023-S552 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S552

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the penal law, in relation to permitting certain federal
law enforcement officers and retired officers to possess firearms,
rifles and shotguns in restricted and sensitive locations

 
PURPOSE GENERAL IDEA OF BILL:

To add current and retired law enforcement officers to the list of
people exempted from prohibitions on the concealed carry of firearms in
restricted and sensitive locations.

 
SUMMARY OF PROVISIONS:

Section one amends penal law section 265.01-e to include retired federal
law enforcement who obtain a license for a pistol or revolver through
their local licensing authority to the list of law enforcement officers
exempted from prohibitions on possession of a firearm, rifle or shotgun
in sensitive locations.

Section two amends penal law section 265.0-d to include retired federal
law enforcement to the list of law enforcement officers exempted from
prohibitions on possession of a firearm, rifle or shotgun in restricted
locations.

Section three amends the penal law section 265.00 to include a defi-
nition for federal law enforcement.

Section four is the effective date.

 
JUSTIFICATION:

The conceal carry law that permits certain law enforcement officers to
possess firearms, rifles and shotguns in restricted and sensitive
locations erroneously subjects retired law enforcement officers to
different standards depending on whether they retired from federal,
state or local law enforcement.

For example, penal law section 265.01-e authorizes retired federal law
enforcement who take the HR 218 firearms course yearly and retired
police officers who obtain a license through their local licensing
authority to possess firearms, rifles and shotguns in sensitive
locations. However, the law does not allow retired federal law enforce-
ment who obtain a license through their local licensing authority to
qualify to possess a firearm, rifle or shotgun in sensitive locations.
The change in section one of the bill addresses this oversight by adding
retired federal law enforcement who obtain a license through their local
licensing authority to the list of law enforcement allowed to possess
firearms, rifles and shotguns in sensitive locations.

Additionally, penal law section 265.01-d authorizes current and retired
police officers to possess firearms, rifles and shotguns in restricted
locations but does not allow for possession by federal law enforcement
in restricted locations. The change in section two of the bill addresses
this oversight by adding retired federal law enforcement who take the HR
218 firearms course yearly and retired federal law enforcement who
obtain a license through their local licensing authority to possess
firearms, rifles and shotguns in restricted locations.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the same date and the same manner as chap-
ter 371 of the laws of 2022 takes effect.

2023-S552 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    552
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 permitting certain federal
   law enforcement officers and retired  officers  to  possess  firearms,
   rifles and shotguns in restricted and sensitive locations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (j) of subdivision 3 of section 265.01-e  of  the
 penal law, as added by chapter 371 of the laws of 2022, is amended and a
 new paragraph (k) is added to read as follows:
   (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[.]; OR
   (K)  RETIRED FEDERAL LAW ENFORCEMENT OFFICERS WHO OBTAIN A LICENSE FOR
 A PISTOL OR REVOLVER THROUGH THEIR LOCAL LICENSING AUTHORITY.
   § 2. Paragraph (g) of subdivision 2 of section 265.01-d of  the  penal
 law, as added by chapter 371 of the laws of 2022, is amended and two new
 paragraphs (h) and (i) are added to read as follows:
   (g) persons lawfully engaged in hunting activity[.];
   (H)  CONSISTENT WITH FEDERAL LAW, LAW ENFORCEMENT OFFICERS WHO QUALIFY
 TO CARRY UNDER THE FEDERAL  LAW  ENFORCEMENT  OFFICERS  SAFETY  ACT,  18
 U.S.C. 926C; OR
   (I)  RETIRED FEDERAL LAW ENFORCEMENT OFFICERS WHO OBTAIN A LICENSE FOR
 A PISTOL OR REVOLVER THROUGH THEIR LOCAL LICENSING AUTHORITY.
   § 3. Section 265.00 of the penal law is amended by adding a new subdi-
 vision 36 to read as follows:
   36. "FEDERAL LAW ENFORCEMENT OFFICER" MEANS  ANY  OFFICER,  AGENT,  OR
 EMPLOYEE OF THE UNITED STATES AUTHORIZED BY LAW OR BY A GOVERNMENT AGEN-
 CY  TO  ENGAGE IN OR SUPERVISE THE PREVENTION, DETECTION, INVESTIGATION,
 OR PROSECUTION OF ANY VIOLATION OF FEDERAL LAW AND WHO IS AUTHORIZED  TO
 CARRY A GUN IN THE PERFORMANCE OF THAT DUTY.
   § 4. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01926-01-3

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