Exempts private investigators from restrictions on possessing a weapon in sensitive and restrictive locations while traveling to and from and during the course of their employment and at any necessary and appropriate location during work hours; clarifies that a security guard may possess a weapon going to and from work.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A457
SPONSOR: Steck TITLE OF BILL:
An act to amend the penal law, in relation to exempting private investi-
gators from restrictions on possessing a weapon in sensitive and
restrictive locations and clarifying where security guards may possess a
weapon
PURPOSE:
To expand the categories of individuals who are permitted to carry
firearms, including licensed private investigators.
SUMMARY OF PROVISIONS:
Section 1: Adds a new paragraph (p) to include private investigators
licensed under article seven of the general business law who are also
licensed to carry a firearm.
Section 2: Adds new paragraph (i) is added to include private investi-
gators licensed under article seven of the general business law who are
also licensed to carry a firearm.
Section 3: Provides effective date.
JUSTIFICATION:
On July 1, 2022, the NYS legislature passed a law known as the Concealed
Carry Improvement Act (CCIA). The CCIA created an extensive list of
"sensitive" and "restricted" locations within NYS where the carrying of
a firearm was prohibited, even by individuals who possessed a license to
carry such a firearm. The CCIA however, exempted specific categories of
individuals who were authorized and/or performance of their duties from
these particular restrictions. The exempted individuals included, among
others, Police Officers, retired Police Officers, designated peace offi-
cers, active-duty military personnel, and "security guards as defined
and registered under article 7-A of the general business law who have
also been granted a special armed registration card."
However, no such exemption was expressly included in the CCIA for
Licensed Private Investigators. Under Article 7 of the general business
law, Licensed Private Investigators are by statute licensed to perform,
and frequently do perform, the same and similar duties to licensed armed
guards, as well as other activities within the scope of their profes-
sional duties which frequently require or dictate that they be armed.
This fact has historically been recognized by pistol licensing authori-
ties throughout New York State which have routinely issued con cealed
carry pistol licenses to licensed Private Investigators.
This bill would add private investigators licensed under Article Seven
of the general business law who are also licensed to carry a firearm to
the list of individuals who are exempt from the CCIA so they may more
effectively carry out the performance of their duties while ensuring
public safety.
LEGISLATIVE HISTORY:
2023/2024: referred to codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
