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.
STATE OF NEW YORK
________________________________________________________________________
5703
2015-2016 Regular Sessions
IN ASSEMBLY
March 3, 2015
___________
Introduced by M. of A. BRABENEC, DUPREY, RAIA, FINCH, BORELLI, McKEVITT,
GRAF, LUPINACCI, MILLER, LAWRENCE, MONTESANO -- Multi-Sponsored by --
M. of A. DiPIETRO, McDONOUGH, WALTER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to permitting 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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a of section 265.20 of the penal law is amended
2 by adding a new paragraph 11-a to read as follows:
3 11-a. Possession of a large capacity ammunition feeding device that
4 contains more than seven rounds of ammunition or is obtained after the
5 effective date of the chapter of the laws of two thousand fifteen which
6 added this paragraph and has a capacity of, or that can be readily
7 restored or converted to accept, more than seven rounds of ammunition,
8 by an active duty, off duty or retired law enforcement officer.
9 § 2. Section 265.01-a of the penal law, as added by chapter 1 of the
10 laws of 2013, is amended to read as follows:
11 § 265.01-a[.] Criminal possession of a weapon on school grounds.
12 A person is guilty of criminal possession of a weapon on school
13 grounds when he or she knowingly has in his or her possession a rifle,
14 shotgun, or firearm in or upon a building or grounds, used for educa-
15 tional purposes, of any school, college, or university, except the
16 forestry lands, wherever located, owned and maintained by the State
17 University of New York college of environmental science and forestry, or
18 upon a school bus as defined in section one hundred forty-two of the
19 vehicle and traffic law, without the written authorization of such
20 educational institution, unless such person is an active duty, off duty
21 or retired law enforcement officer.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08940-02-5
A. 5703 2
1 Criminal possession of a weapon on school grounds is a class E felony.
2 § 3. Subdivision 8 of section 265.02 of the penal law, as amended by
3 chapter 1 of the laws of 2013, is amended to read as follows:
4 (8) Such person possesses a large capacity ammunition feeding device,
5 except if he or she is an active duty, off-duty or retired law enforce-
6 ment officer. For purposes of this subdivision, a large capacity ammu-
7 nition feeding device shall not include an ammunition feeding device
8 lawfully possessed by such person before the effective date of [the]
9 chapter one of the laws of two thousand thirteen which amended this
10 subdivision, that has a capacity of, or that can be readily restored or
11 converted to accept more than seven but less than eleven rounds of ammu-
12 nition, or that was manufactured before September thirteenth, nineteen
13 hundred ninety-four, that has a capacity of, or that can be readily
14 restored or converted to accept, more than ten rounds of ammunition; or
15 § 4. This act shall take effect immediately.
