Permits retired or off-duty law enforcement officers to possess a firearm on school grounds, and permits such officers to carry more than seven rounds of ammunition.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5703
SPONSOR: Brabenec (MS) TITLE OF BILL: An act to amend the penal law, in relation to permit-
ting active duty, off duty or retired law enforcement officers to
possess a firearm on school grounds, and to permit such officers to
carry more than seven rounds of ammunition
PURPOSE OR GENERAL IDEA OF BILL:
Permits active, off duty, or retired law enforcement officers to possess
a firearm on school grounds, and to permit such officers to carry more
than seven rounds of ammunition.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 11-a to allow active, off duty, or retired
police officers to possess a large capacity ammunition feeding device
that contains more than seven rounds of ammunition. Section 2. Section
265.01 -a of the penal law is amended to add, unless such person is an
active duty, off duty, or retired law enforcement officer. Section 3.
Subdivision 8 of section 265.02 of the penal law is amended to add,
except if he or she is an active duty, off duty, or retired law enforce-
ment officer.
JUSTIFICATION:
This bill will allow active, off duty, or retired law enforcement offi-
cers to carry a firearm upon NYS educational grounds. Also this bill
will allow active, off duty, or retired law enforcement officers to
carry gun magazines of greater than seven rounds ammunition. Currently,
Federal law prohibits anyone from carrying a firearm within 1000 feet of
any school ground. However, the states are able to modify this federal
law as other states have done. The SAFE Act no longer authorizes offi-
cers to carry gun magazines of greater than seven rounds. The belief is
that there would be well trained active, off duty, and retired law
enforcement officers to protect the public should a crime occur in their
presence. In addition, the NYC Police Department has on occasion
recalled retired Police Officers in the event of an emergency. It only
makes sense that these men and woman that volunteer their services not
be restricted to the seven round magazine capacity. Those in the law
enforcement community are known to take police type action whether
active, off duty or retired. They should be afforded the same tools of
the trade so to speak (not be restricted to seven round magazines)
should they step forward and take action to protect lives.
PRIOR LEGISLATIVE HISTORY:
2013: A.4797; no same as.
FISCAL IMPLICATIONS:
None.
EFFECTIVE RATE:
This bill shall take effect immediately; provided however, that the
amendments to section 265.20 of the penal law made by section one of
this act shall take effect on the same date and in the same manner as
paragraphs (b) and (c) of subdivision 23 of section 265.00 of the penal
law, as amended by section 38 of chapter 1 of the laws of 2013, take
effect; and further provided, however, that the amendments to section
265.01-a of the penal law made by section two of this act shall take
effect on the same date and in the same manner as section 41 of chapter
1 of the laws of 2013, takes effect; and further provided, however, that
the amendments to section 265.02 of the penal law made by section three
of this act shall take effect on the same date and in the same manner as
section 41-b of chapter 1 of the laws of 2013.
