Limits an educational institution's ability to authorize the possession of a weapon on school grounds to certain officers or agents of a law enforcement agency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1715A
SPONSOR: Griffin
 
TITLE OF BILL:
An act to amend the penal law, in relation to limiting educational
institutions ability to authorize the possession of a weapon on school
grounds
 
PURPOSE OR GENERAL IDEA OF BILL:
Requires that no elementary or secondary school shall issue written
authorization to carry a firearm to any person who is not primarily
employed as a school resource officer, police officer, peace officer, or
security guard.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 265.01-a of the penal law in regards to the
definition of criminal possession of a weapon on school grounds. Under
current law, criminal possession is defined as possessing a rifle, shot-
gun, or firearm in or upon a building or grounds, used for educational
purposes, of any school, college, or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York College of Environmental Science and Forestry, or upon a school
bus as defined in section 142 of the vehicle and traffic law, without
the written authorization of such educational institution. This act
would stipulate that no elementary or primary school shall issue such
written authorization to any teacher, administrator, or other person
employed by the school who is not primarily employed as a school
resource officer, police officer, peace officer, or security guard who
has been issued a special armed guard registration card as defined in
section 89-f of the general business law, regardless of the person's
employment directly by the educational institution or by a third party.
Section 2 is the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version clarifies the types of schools which are captured by
the legislation.
 
JUSTIFICATION:
In the wake of the deadly shooting at Stoneman Douglas High School, the
18th school shooting to occur in the U.S. in 2018, many have suggested
that teachers and other school employees should be trained and armed in
order to deter and prevent future shootings. If 10% to 20% of teachers
are armed, then 360,000 to 720,000 more guns would be present in
schools. Focusing on arming teachers takes attention away from advanc-
ing real, effective solutions, such as broadly supported gun control
measures or improved mental health treatment. Further, introducing guns
into schools create the potential for accidental shootings or other acts
of violence. Educators nationwide have decried the idea of carrying
guns, as they want to focus on educating children, which is their job.
This measure will ensure that only qualified and capable individuals -
outside of the classroom-- will legally carry guns on school grounds.
 
PRIOR LEGISLATIVE HISTORY:
S.7874- 2018
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day.
STATE OF NEW YORK
________________________________________________________________________
1715--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
___________
Introduced by M. of A. GRIFFIN, D'URSO, HEASTIE, LENTOL, PEOPLES-STOKES,
GOTTFRIED, CRUZ, FRONTUS, JACOBSON, PICHARDO, REYES, STECK -- read
once and referred 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 limiting educational
institutions ability to authorize the possession of a weapon on school
grounds
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
2 the laws of 2013, is amended to read as follows:
3 § 265.01-a[.] Criminal possession of a weapon on school grounds.
4 A person is guilty of criminal possession of a weapon on school
5 grounds when he or she knowingly has in his or her possession a rifle,
6 shotgun, or firearm in or upon a building or grounds, used for educa-
7 tional purposes, of any school, college, or university, except the
8 forestry lands, wherever located, owned and maintained by the State
9 University of New York college of environmental science and forestry, or
10 upon a school bus as defined in section one hundred forty-two of the
11 vehicle and traffic law, without the written authorization of such
12 educational institution; provided, however no school, as defined in
13 subdivision ten of section eleven hundred twenty-five of the education
14 law, shall issue such written authorization to any teacher, school
15 administrator, or other person employed at the school who is not prima-
16 rily employed as a school resource officer, police officer, peace offi-
17 cer, or security guard who has been issued a special armed guard regis-
18 tration card as defined in section eighty-nine-f of the general business
19 law, regardless of whether the person is employed directly by such
20 school or by a third party.
21 Criminal possession of a weapon on school grounds is a class E felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03454-06-9
A. 1715--A 2
1 § 2. This act shall take effect on the same date and in the same
2 manner as chapter 363 of the laws of 2018, takes effect.