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.
