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A05703 Summary:

BILL NOA05703
 
SAME ASNo Same As
 
SPONSORBrabenec
 
COSPNSRDuprey, Raia, Finch, McKevitt, Graf, Lupinacci, Miller, Lawrence, Montesano, Saladino
 
MLTSPNSRDiPietro, McDonough, Walter
 
Amd SS265.01-a, 265.20 & 265.02, Pen L
 
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.
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A05703 Memo:

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.
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