S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9137--A
 
                             I N  S E N A T E
 
                              April 30, 2024
                                ___________
 
 Introduced  by  Sens. GIANARIS, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SI-
   GAL, JACKSON, STAVISKY, THOMAS -- 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 openly carrying a rifle or
   shotgun

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  9, 9, and 10 of section 265.01 of the penal
 law, subdivision 9 as added by chapter 519 of the laws of 2021, subdivi-
 sion 9 as amended by chapter 149 of the laws of 2022, and subdivision 10
 as amended by chapter 94 of the laws of 2022,  are  amended  and  a  new
 subdivision 12 is added to read as follows:
   (9)  Such  person  possesses a major component of a firearm, rifle, or
 shotgun and such person is prohibited from possessing a FIREARM, shotgun
 or rifle pursuant to:
   (i) this article;
   (ii) subsection (g) of section 922 of title 18 of  the  United  States
 Code; or
   (iii)  a temporary or final extreme risk protection order issued under
 article sixty-three-A of the civil practice law and rules; or
   [(9)] (10) Such person is not licensed as a gunsmith or  a  dealer  in
 firearms pursuant to section 400.00 of this chapter and, knowing it is a
 ghost  gun,  such  person  possesses a ghost gun, provided that a person
 shall not be guilty under this subdivision when [he or she] SUCH  PERSON
 (a)  voluntarily  surrenders such ghost gun to any law enforcement offi-
 cial designated pursuant to subparagraph (f) of paragraph one of  subdi-
 vision [(a)] A of section 265.20 of this article; or (b) for a period of
 six  months  after  the effective date of this section possesses a ghost
 gun prior to serialization and registration of such ghost  gun  pursuant
 to section 265.07 of this article[.]; OR
   [(10)]  (11)  Such  person  is not licensed as a gunsmith or dealer in
 firearms pursuant to section 400.00 of this chapter and, knowing  it  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14910-03-4
 S. 9137--A                          2
 
 an  unserialized frame or receiver or unfinished frame or receiver, such
 person possesses an unserialized frame or receiver or  unfinished  frame
 or  receiver,  provided that for a period of six months after the effec-
 tive  date  of this subdivision, a person shall not be guilty under this
 subdivision when such person: (a) voluntarily surrenders such  unserial-
 ized  frame  or  receiver  or  unfinished  frame  or receiver to any law
 enforcement official designated pursuant to subparagraph  (f)  of  para-
 graph  one  of subdivision [(a)] A of section 265.20 of this article; or
 (b) possesses such unserialized frame or receiver or unfinished frame or
 receiver prior to serialization of such unserialized frame  or  receiver
 or  unfinished  frame  or  receiver  in accordance with the requirements
 imposed on licensed importers and  licensed  manufacturers  pursuant  to
 subsection  (i) of Section 923 of Title 18 of the United States Code and
 regulations issued pursuant thereto,  except  for  antique  firearms  as
 defined  in  subdivision  fourteen of section 265.00 of this article, as
 added by chapter nine hundred eighty-six of the laws of nineteen hundred
 seventy-four, or any firearm, rifle or  shotgun  manufactured  prior  to
 nineteen hundred sixty-eight[.]; OR
   (12)  SUCH  PERSON  OPENLY CARRIES A RIFLE OR SHOTGUN ON OR ABOUT SUCH
 PERSON.  FOR THE PURPOSES OF THIS SUBDIVISION, "OPENLY CARRIES" MEANS TO
 CARRY A RIFLE OR SHOTGUN IN A MANNER THAT RENDERS SUCH RIFLE OR SHOTGUN,
 OR ANY PORTION THEREOF, VISIBLE TO OTHERS.
   § 2. Section 265.20 of the penal law is amended by adding a new subdi-
 vision f to read as follows:
   F. SUBDIVISION TWELVE OF SECTION 265.01  OF  THIS  ARTICLE  SHALL  NOT
 APPLY TO:
   1.  PERSONS IN THE MILITARY SERVICE OF THE STATE OF NEW YORK WHEN DULY
 AUTHORIZED BY REGULATIONS ISSUED BY THE ADJUTANT GENERAL TO POSSESS  THE
 SAME;
   2.  POLICE  OFFICERS  AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION
 1.20 OF THE CRIMINAL PROCEDURE LAW;
   3. PEACE OFFICERS AS DEFINED BY SECTION 2.10 OF THE CRIMINAL PROCEDURE
 LAW;
   4. PERSONS IN THE MILITARY OR OTHER SERVICE OF THE UNITED  STATES,  IN
 PURSUIT  OF  OFFICIAL DUTY OR WHEN DULY AUTHORIZED BY FEDERAL LAW, REGU-
 LATION OR ORDER TO POSSESS THE SAME;
   5. PERSONS EMPLOYED IN FULFILLING DEFENSE CONTRACTS WITH  THE  GOVERN-
 MENT  OF  THE  UNITED  STATES OR AGENCIES THEREOF WHEN POSSESSION OF THE
 SAME IS NECESSARY FOR MANUFACTURE, TRANSPORT, INSTALLATION  AND  TESTING
 UNDER THE REQUIREMENTS OF SUCH CONTRACT;
   6. PERSONS LICENSED UNDER PARAGRAPH (C), (D) OR (E) OF SUBDIVISION TWO
 OF  SECTION 400.00 OF THIS CHAPTER WHILE IN THE COURSE OF THEIR OFFICIAL
 DUTIES;
   7. A GOVERNMENT EMPLOYEE UNDER THE EXPRESS  WRITTEN  CONSENT  OF  SUCH
 EMPLOYEE'S  SUPERVISING  GOVERNMENT  ENTITY  FOR THE PURPOSES OF NATURAL
 RESOURCE PROTECTION AND MANAGEMENT;
   8. 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 THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING WHILE TRANSIT-
 ING TO AND FROM A LOCATION WHERE SUCH  TAKING  OR  ATTEMPTED  TAKING  IS
 AUTHORIZED,  AND  PERSONS  WHILE  LAWFULLY  ENGAGED  IN HUNTER EDUCATION
 TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION  OR  TRAINING,
 OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS, IN ACCORDANCE WITH
 ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS, RULES, AND REGULATIONS;
 S. 9137--A                          3
 
   9.  PERSONS,  WHILE  ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
 ARE EMPLOYED IN THE REVENUE CONTROL  AND  SECURITY  DEPARTMENTS  OF  THE
 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;
   10.  PERSONS WHILE LAWFULLY ENGAGED IN HISTORICAL REENACTMENTS, EDUCA-
 TIONAL PROGRAMMING INVOLVING HISTORICAL WEAPONS OF  WARFARE,  OR  MOTION
 PICTURE  OR  THEATRICAL  PRODUCTIONS,  IN ACCORDANCE WITH ALL APPLICABLE
 LOCAL, STATE, AND FEDERAL LAWS, RULES AND REGULATIONS;
   11. PERSONS, WHILE ACTING WITHIN THE SCOPE OF THEIR  OFFICIAL  DUTIES,
 WHO  ARE  RESPONSIBLE  FOR  THE  STORAGE OR DISPLAY OF ANTIQUE FIREARMS,
 RIFLES OR SHOTGUNS AT MUSEUMS AND HISTORIC SITES;
   12. PERSONS WHILE PARTICIPATING IN MILITARY CEREMONIES, FUNERALS,  AND
 HONOR GUARDS;
   13.  PERSONS  WHILE LAWFULLY ENGAGED IN LEARNING, PRACTICING, TRAINING
 FOR, OR COMPETING IN THE SPORT  OF  BIATHLON,  IN  ACCORDANCE  WITH  ALL
 APPLICABLE LOCAL, STATE, AND FEDERAL LAWS, RULES, AND REGULATIONS;
   14. PERSONS WHILE IN THEIR HOMES, PLACES OF BUSINESS, OR PRIVATE PROP-
 ERTY UNDER SUCH PERSON'S CONTROL; AND
   15.  PERSONS  ON  THE  PRIVATE  PROPERTY OF ANOTHER, PROVIDED THAT THE
 OWNER OR LESSEE OF SUCH PROPERTY HAS  GIVEN  THE  PERSON  PERMISSION  TO
 OPENLY  CARRY  A RIFLE OR SHOTGUN BY CLEAR AND CONSPICUOUS SIGNAGE INDI-
 CATING THAT THE OPEN CARRY OF RIFLES AND SHOTGUNS ON THEIR  PROPERTY  IS
 PERMITTED OR BY OTHERWISE GIVING EXPRESS CONSENT.
   § 3. This act shall take effect immediately.