Bill Text: NY A01394 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits firearms in polling places; establishes the crime of criminal possession of a weapon in a polling place; makes it a class E felony to possess a rifle, shotgun, or firearm in or within 100 feet of a polling place on the day of a primary, special or general election or while early voting is in progress.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A01394 Detail]
Download: New_York-2023-A01394-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1394 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. SILLITTI -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to establishing the crime of criminal possession of a weapon in a polling place The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 400.00 of the penal law, as 2 amended by chapter 212 of the laws of 2022, is amended to read as 3 follows: 4 6. License: validity. Any license issued pursuant to this section 5 shall be valid notwithstanding the provisions of any local law or ordi- 6 nance. No license shall be transferable to any other person or premises. 7 A license to carry or possess a pistol or revolver, or to purchase or 8 take possession of a semiautomatic rifle, not otherwise limited as to 9 place or time of possession, shall be effective throughout the state, 10 except that the same shall not be valid within the city of New York 11 unless a special permit granting validity is issued by the police 12 commissioner of that city. A license issued under this section does not 13 authorize any person to carry a pistol or revolver into any polling 14 place on the day of an election or while early voting is in progress. 15 Such license to carry or possess shall be valid within the city of New 16 York in the absence of a permit issued by the police commissioner of 17 that city, provided that (a) the firearms covered by such license have 18 been purchased from a licensed dealer within the city of New York and 19 are being transported out of said city forthwith and immediately from 20 said dealer by the licensee in a locked container during a continuous 21 and uninterrupted trip; or provided that (b) the firearms covered by 22 such license are being transported by the licensee in a locked container 23 and the trip through the city of New York is continuous and uninter- 24 rupted; or provided that (c) the firearms covered by such license are 25 carried by armored car security guards transporting money or other valu- 26 ables, in, to, or from motor vehicles commonly known as armored cars, 27 during the course of their employment; or provided that (d) the licensee 28 is a retired police officer as police officer is defined pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03264-01-3A. 1394 2 1 subdivision thirty-four of section 1.20 of the criminal procedure law or 2 a retired federal law enforcement officer, as defined in section 2.15 of 3 the criminal procedure law, who has been issued a license by an author- 4 ized licensing officer as defined in subdivision ten of section 265.00 5 of this chapter; provided, further, however, that if such license was 6 not issued in the city of New York it must be marked "Retired Police 7 Officer" or "Retired Federal Law Enforcement Officer", as the case may 8 be, and, in the case of a retired officer the license shall be deemed to 9 permit only police or federal law enforcement regulations weapons; or 10 provided that (e) the licensee is a peace officer described in subdivi- 11 sion four of section 2.10 of the criminal procedure law and the license, 12 if issued by other than the city of New York, is marked "New York State 13 Tax Department Peace Officer" and in such case the exemption shall apply 14 only to the firearm issued to such licensee by the department of taxa- 15 tion and finance. A license as gunsmith or dealer in firearms shall not 16 be valid outside the city or county, as the case may be, where issued. 17 Notwithstanding any inconsistent provision of state or local law or rule 18 or regulation, the premises limitation set forth in any license to have 19 and possess a pistol or revolver in the licensee's dwelling or place of 20 business pursuant to paragraph (a) or (b) of subdivision two of this 21 section shall not prevent the transport of such pistol or revolver 22 directly to or from (i) another dwelling or place of business of the 23 licensee where the licensee is authorized to have and possess such 24 pistol or revolver, (ii) an indoor or outdoor shooting range that is 25 authorized by law to operate as such, (iii) a shooting competition at 26 which the licensee may possess such pistol or revolver consistent with 27 the provisions of subdivision a of section 265.20 of this chapter or 28 consistent with the law applicable at the place of such competition, or 29 (iv) any other location where the licensee is lawfully authorized to 30 have and possess such pistol or revolver; provided however, that during 31 such transport to or from a location specified in clauses (i) through 32 (iv) of this paragraph, the pistol or revolver shall be unloaded and 33 carried in a locked container, and the ammunition therefor shall be 34 carried separately; provided further, however, that a license to have 35 and possess a pistol or revolver in the licensee's dwelling or place of 36 business pursuant to paragraph (a) or (b) of subdivision two of this 37 section that is issued by a licensing officer other than the police 38 commissioner of the city of New York shall not authorize transport of a 39 pistol or revolver into the city of New York in the absence of written 40 authorization to do so by the police commissioner of that city. The term 41 "locked container" shall not include the glove compartment or console of 42 a vehicle. 43 § 2. The penal law is amended by adding a new section 265.01-f to read 44 as follows: 45 § 265.01-f Criminal possession of a weapon at a polling place. 46 A person is guilty of criminal possession of a weapon at a polling 47 place when he or she knowingly has in his or her possession a rifle, 48 shotgun, or firearm in or within one hundred feet of a polling place on 49 the day of a primary, special or general election or while early voting 50 is in progress. Nothing in this section shall apply to a police officer 51 in the performance of his or her duties. 52 Criminal possession of a weapon at a polling place is a class E felo- 53 ny. 54 § 3. This act shall take effect immediately.
