NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5490
SPONSOR: Maher TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
definition of non-ambulatory for purposes of non-ambulatory hunting
permits
PURPOSE OR GENERAL IDEA OF BILL:
To expand the current regulations concerning handicapped individuals who
are eligible for a non-ambulatory hunter permit to those handicapped
individuals who may be able to move about buildings with level floors
with assistance other than a wheelchair or other mechanical assistance,
but whose ability to ambulate is too impaired to allow them to venture
afield through woods and fields without mechanical assistance.
SUMMARY OF PROVISIONS:
Section One - amends subdivision 2 of section 11-0931 of the Environ-
mental Conservation Law to provide that for the purposes of this subdi-
vision, non-ambulatory shall mean unable to move about in a field, wood
or other hunting arena without mechanical assistance.
Section Two - Effective date
JUSTIFICATION:
There are many handicapped individuals whose ability to walk is substan-
tially impaired who are nevertheless able to get around without mechan-
ical assistance in protected and level areas. However, their limited
ability to ambulate without mechanical assistance cannot meet the chal-
lenges they face when trying to travel through fields and woods with
uneven ground, hills and valleys, rocks and other obstructions. Current-
ly, the non-ambulatory hunting license is available only to those who
must at all times use mechanical assistance. This bill extends this
availability to those who may just be able to get around in controlled
settings without mechanical assistance but are not able to move about
under actual hunting conditions in the field.
PRIOR LEGISLATIVE HISTORY:
2021-2022 - A.4281 S.6940
2019-2020 - A.5542 S.3366
2017-2018 - A.7592 S.3880
2015-2016 - S.6463
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5490
2023-2024 Regular Sessions
IN ASSEMBLY
March 13, 2023
___________
Introduced by M. of A. MAHER -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
definition of non-ambulatory for purposes of non-ambulatory hunting
permits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 11-0931 of the environmental
2 conservation law, as amended by section 8 of part EE of chapter 55 of
3 the laws of 2014, is amended to read as follows:
4 2. No crossbow or firearm except a pistol or revolver shall be carried
5 or possessed in or on a motor vehicle unless it is uncocked, for a
6 crossbow or unloaded, for a firearm in both the chamber and the maga-
7 zine, except that a loaded firearm which may be legally used for taking
8 migratory game birds may be carried or possessed in a motorboat while
9 being legally used in hunting migratory game birds, and no person except
10 a law enforcement officer in the performance of his official duties
11 shall, while in or on a motor vehicle, use a jacklight, spotlight or
12 other artificial light upon lands inhabited by deer if he or she is in
13 possession or is accompanied by a person who is in possession, at the
14 time of such use, of a longbow, crossbow or a firearm of any kind,
15 except a pistol or revolver, unless such longbow or crossbow is unstrung
16 or such firearm or crossbow is taken down or securely fastened in a case
17 or locked in the trunk of the vehicle. For purposes of this subdivision,
18 motor vehicle shall mean every vehicle or other device operated by any
19 power other than muscle power, and which shall include but not be limit-
20 ed to automobiles, trucks, motorcycles, tractors, trailers and motor-
21 boats, snowmobiles and snowtravelers, whether operated on or off public
22 highways. Notwithstanding the provisions of this subdivision, the
23 department may issue a permit to any person who is non-ambulatory,
24 except with the use of a mechanized aid, to possess a loaded firearm in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09194-01-3
A. 5490 2
1 or on a motor vehicle as defined in this section, subject to such
2 restrictions as the department may deem necessary in the interest of
3 public safety. For purposes of this subdivision, non-ambulatory shall
4 mean unable to move about in a field, wood or other hunting arena with-
5 out mechanical assistance. Nothing in this section permits the
6 possession of a pistol or a revolver contrary to the penal law.
7 § 2. This act shall take effect immediately.
