NY State Senate Bill 2023-S7366A

Senate Bill S7366A

2023-2024 Legislative Session

Exempts private investigators from restrictions on possessing a weapon in sensitive and restrictive 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
Jun 05, 2023	print number 7366a
Jun 05, 2023	amend (t) and recommit to codes
May 22, 2023	referred to codes

Bill Amendments

Original

A (Active)

2023-S7366 - Details

See Assembly Version of this Bill:: A7650
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.01-e & 265.01-d, Pen L

2023-S7366 - Summary

Exempts private investigators from restrictions on possessing a weapon in sensitive and restrictive locations while traveling to and from and during the course of their employment and at any necessary and appropriate location during work hours; clarifies that a security guard may possess a weapon going to and from work.

2023-S7366 - Sponsor Memo

                                 
BILL NUMBER: S7366

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to exempting private investi-
gators from certain prohibitions relating to carrying firearms in a
sensitive location

 
PURPOSE:

To expand the categories of individuals who are permitted to carry
firearms, including licensed private investigators.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new paragraph (p) to include private investigators
licensed under article seven of the general business law who are also
licensed to carry a firearm.

Section 2: Adds new paragraph (i) is added to include private investi-
gators licensed under article seven of the general business law who are

also licensed to carry a firearm.

Section 3: Provides effective date.

 
JUSTIFICATION:

On July 1, 2022, the NYS legislature passed a law known as the Concealed
Carry Improvement Act (CCIA). The CCIA created an extensive list of
"sensitive" and "restricted" locations within NYS where the carrying of
a firearm was prohibited, even by individuals who possessed a license to
carry such a firearm. The CCIA however, exempted specific categories of
individuals who were authorized and/or required to carry a concealed
firearm in the course of the performance of their duties from these
particular restrictions. The exempted individuals included, among
others, Police Officers, retired Police Officers, designated peace offi-
cers, active-duty military personnel, and "security guards as defined
and registered under article 7-A of the general business law who have
also been granted a special armed registration card."

However, no such exemption was expressly included in the CCIA for
Licensed Private Investigators. Under Article 7 of the general business
law, Licensed Private Investigators are by statute licensed to perform,
and frequently do perform, the same and similar duties to licensed armed
guards, as well as other activities within the scope of their profes-
sional duties which frequently require or dictate that they be armed.
This fact has historically been recognized by pistol licensing authori-
ties throughout New York State which have routinely issued concealed
carry pistol licenses to licensed Private Investigators.

This bill would add private investigators licensed under Article Seven
of the general business law who are also licensed to carry a firearm to
the list of individuals who are exempt from the CCIA so they may more
effectively carry out the performance of their duties while ensuring
public safety.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7366 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7366
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 exempting private investi-
   gators from certain prohibitions relating to carrying  firearms  in  a
   sensitive location

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (n) and (o) of subdivision 3 of section 265.01-e
 of the penal law, paragraph (n) as amended and paragraph (o) as added by
 section 1 of part F of chapter 55 of the laws of 2023, are amended and a
 new paragraph (p) is added to read as follows:
   (n) persons while participating in military ceremonies, funerals,  and
 honor guards; [or]
   (o)  persons while lawfully engaging in learning, practicing, training
 for, competing in, or travelling into or  within  the  state  to  learn,
 practice, train for, or compete in, the sport of biathlon, in accordance
 with  all  applicable  local,  state, and federal laws, rules, and regu-
 lations[.]; OR
   (P) PRIVATE INVESTIGATORS LICENSED UNDER ARTICLE SEVEN OF THE  GENERAL
 BUSINESS LAW WHO ARE ALSO LICENSED TO CARRY A FIREARM.
   §  2.  Paragraphs  (g) and (h) of subdivision 2 of section 265.01-d of
 the penal law, as amended by section 2 of part F of chapter  55  of  the
 laws  of  2023,  are amended and a new paragraph (i) is added to read as
 follows:
   (g) persons while lawfully engaged in taking of wildlife  or  attempts
 to  take  wildlife pursuant to a hunting permit or license issued by the
 department of environmental conservation,  or  as  otherwise  authorized
 pursuant  to  section 11-0707 and 11-0709 of the environmental conserva-
 tion law; [or]
   (h) persons, while acting in the scope of their official  duties,  who
 are  employed  in  the  revenue  control and security departments of the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11507-01-3

 S. 7366                             2
 
 metropolitan transportation authority, or  the  New  York  city  transit
 authority  or  an affiliate or subsidiary thereof, who are authorized to
 carry a firearm as part of their employment[.]; OR
   (I)  PRIVATE INVESTIGATORS LICENSED UNDER ARTICLE SEVEN OF THE GENERAL
 BUSINESS LAW WHO ARE ALSO LICENSED TO CARRY A FIREARM.
   § 3. This act shall take effect immediately.

co-Sponsors

2023-S7366A (ACTIVE) - Details

See Assembly Version of this Bill:: A7650
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.01-e & 265.01-d, Pen L

2023-S7366A (ACTIVE) - Summary

2023-S7366A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7366A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to exempting private investi-
gators from restrictions on possessing a weapon in sensitive and
restrictive locations and clarifying where security guards may possess a
weapon

 
PURPOSE:

To expand the categories of individuals who are permitted to carry
firearms, including licensed private investigators.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new paragraph (p) to include private investigators
licensed under article seven of the general business law who are also
licensed to carry a firearm.

Section 2: Adds new paragraph (i) is added to include private investi-

gators licensed under article seven of the general business law who are
also licensed to carry a firearm.

Section 3: Provides effective date.

 
JUSTIFICATION:

On July 1, 2022, the NYS legislature passed a law known as the Concealed
Carry Improvement Act (CCIA). The CCIA created an extensive list of
"sensitive" and "restricted" locations within NYS where the carrying of
a firearm was prohibited, even by individuals who possessed a license to
carry such a firearm. The CCIA however, exempted specific categories of
individuals who were authorized and/or required to carry a concealed
firearm in the course of the performance of their duties from these
particular restrictions. The exempted individuals included, among
others, Police Officers, retired Police Officers, designated peace offi-
cers, active-duty military personnel, and "security guards as defined
and registered under article 7-A of the general business law who have
also been granted a special armed registration card."

However, no such exemption was expressly included in the CCIA for
Licensed Private Investigators. Under Article 7 of the general business
law, Licensed Private Investigators are by statute licensed to perform,
and frequently do perform, the same and similar duties to licensed armed
guards, as well as other activities within the scope of their profes-
sional duties which frequently require or dictate that they be armed.
This fact has historically use been recognized by pistol licensing
authorities throughout New York State which have routinely issued
concealed carry pistol licenses to licensed Private Investigators.

This bill would add private investigators licensed under Article Seven
of the general business law who are also licensed to carry a firearm to
the list of individuals who are exempt from the CCIA so they may more
effectively carry out the performance of their duties while ensuring
public safety.

 
LEGISLATIVE HISTORY:
New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7366A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7366--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation to exempting private investi-
   gators  from  restrictions  on  possessing  a  weapon in sensitive and
   restrictive locations and clarifying where security guards may possess
   a weapon
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (e) 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 (e-1) is added to read as follows:
   (e) security guards as defined by and registered under article seven-A
 of the general business law,WHO ARE LICENSED TO CARRY  A  FIREARM  WHILE
 TRAVELING TO AND FROM WORK, who have been granted a special armed regis-
 tration card, while at the location of their employment and during their
 work hours as such a security guard;
   (E-1) PRIVATE INVESTIGATORS LICENSED UNDER ARTICLE SEVEN OF THE GENER-
 AL  BUSINESS LAW, WHO ARE LICENSED TO CARRY A FIREARM WHILE TRAVELING TO
 AND FROM AND DURING THE COURSE OF THEIR EMPLOYMENT AND AT ANY  NECESSARY
 AND  APPROPRIATE  LOCATION  DURING  THEIR  WORK  HOURS AS SUCH A PRIVATE
 INVESTIGATOR;
   § 2. Paragraph (d) 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 a new
 paragraph (d-1) is added to read as follows:
   (d) security guards as defined by and registered under article seven-A
 of the general business law, WHO ARE LICENSED TO CARRY A  FIREARM  WHILE
 TRAVELING  TO AND FROM WORK, who [has] HAVE been granted a special armed
 registration card, while at the location of their employment and  during
 their work hours as such a security guard;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11507-02-3

 S. 7366--A                          2
 
   (D-1) PRIVATE INVESTIGATORS LICENSED UNDER ARTICLE SEVEN OF THE GENER-
 AL  BUSINESS LAW, WHO ARE LICENSED TO CARRY A FIREARM WHILE TRAVELING TO
 AND FROM AND DURING THE COURSE OF THEIR EMPLOYMENT AND AT ANY  NECESSARY
 AND  APPROPRIATE  LOCATION  DURING  THEIR  WORK  HOURS AS SUCH A PRIVATE
 INVESTIGATOR;
   § 3. This act shall take effect immediately.

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