NY State Senate Bill 2025-S1273

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
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Delivered to Governor
Signed By Governor

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Jan 09, 2025	referred to codes

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2025-S1273 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.01 & 265.20, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S9137

2025-S1273 (ACTIVE) - Summary

Prohibits openly carrying a rifle or shotgun; establishes exemptions from such prohibition.

2025-S1273 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1273

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the penal law, in relation to openly carrying a rifle or
shotgun

 
PURPOSE:

This bill aims to regulate the open carry of rifles and shotguns with
enumerated exceptions in order to promote public safety and align with
existing law in other states.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the following subdivisions in § 265.01 of
the penal law as follows:

-subdivision 9 is amended to make a technical correction to ensure that
persons prohibited from possessing a firearm are also barred from
possessing a major component of such firearm;

-current subdivision 9* is renumbered subdivision 10, and gender-neutral
language is added; -current subdivision 10 is renumbered subdivision 11;

-new subdivision 12 is added to generally prohibit the open carry of a
rifle or shotgun and to define "openly carries" for the purposes of this
section as carrying a rifle or shotgun in any manner that renders such
rifle or shotgun, or any portion thereof, visible to others.

Section two of the bill adds a new subdivision (f) to § 265.20 to the
penal law to provide exceptions from the open carry prohibition as it
applies to rifles and shotguns.

Section three of the bill sets the effective date.

 
JUSTIFICATION:

Research suggests that the open carry of rifles and shotguns in public
spaces is correlated with an increase in aggressive and violent behav-
iors. According to the Giffords Law Center, carrying openly visible guns
in public can quickly turn arguments fatal, be used to intimidate and
suppress the First Amendment rights of others, and creates confusion for
law enforcement responding to a shooting.

The lack of licensing and restrictions on the open carry of long guns
has allowed bad actors to display these weapons while engaging in vari-
ous forms of intimidation including protests, counter-protests, intim-
idation in front of places of worship and places of reproductive health,
and even at voting locations with the intent to intimidate voters. The
open carry of long guns has also presented a safety concern to law
enforcement responding to emergencies in which active shooters have
opened fire within or around crowds. Open carry of unlicensed shotguns
and rifles makes it difficult for officials to identify and subsequently
stop active shooters as it becomes challenging to make distinctions when
several individuals are openly carrying weapons. Therefore, in order to
protect our citizens and promote a safe environment, it is necessary to
regulate the visible carrying of firearms in public.
The states of California, Connecticut, Florida, Hawaii, Illinois, along
with the District of Columbia, all currently prohibit the open carry of
long guns. Additionally, the states of Massachusetts, Minnesota, New
Jersey, Rhode Island, Tennessee, and Virginia currently have regulations
restricting the open carry of long guns.  This bill will allow New York
to align with neighboring states and continue to be a leader on gun
violence prevention.

 
LEGISLATIVE HISTORY:

2024: S9137-A (Gianaris) PASSED SENATE / A10052-A (Sillitti) died in
codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1273 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1273
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens. GIANARIS, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SI-
   GAL, JACKSON, STAVISKY -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00731-01-5
 S. 1273                             2

 
   [(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
 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,
 S. 1273                             3

 OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS, IN ACCORDANCE WITH
 ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS, RULES, AND REGULATIONS;
   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.

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Senate Bill S1273

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S1273 (ACTIVE) - Details

2025-S1273 (ACTIVE) - Summary

2025-S1273 (ACTIVE) - Sponsor Memo

2025-S1273 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1273

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Sponsored By

Michael Gianaris

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Cordell Cleare

Kristen Gonzalez

Andrew Gounardes

Brad Hoylman-Sigal

2025-S1273 (ACTIVE) - Details

2025-S1273 (ACTIVE) - Summary

2025-S1273 (ACTIVE) - Sponsor Memo

2025-S1273 (ACTIVE) - Bill Text download pdf

Comments