NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3304C
SPONSOR: Crouch (MS) TITLE OF BILL: An act to amend the penal law, in relation to
exemptions for possession of firearms and other dangerous weapons
PURPOSE OR GENERAL IDEA OF BILL: Allows armed security guards and
licensed private investigators to possess high capacity magazines.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 17 to read as follows: 17. Possession of a
large capacity ammunition feeding device, as defined in subdivision
twenty-three of section 265.00 of this article, by licensed private
investigators registered under article seven of the general business
law, armed security guards licensed pursuant to article seven-A of the
general business law or armored car guards licensed pursuant to article
eight-C of the general business law who possess a valid pistol license
pursuant to section 400.00 of this chapter and have successfully
completed the forty-seven hour firearms training course specified in
section eighty-nine-n of the general business law while in the perform-
ance of their official duties.
Section 2. Section 265.20 of the penal law is amended by adding a new
subdivision e to read as follows: e. Section 265.01 shall not apply to
possession of a truncheon, baton, bludgeon, billy club, blackjack, or
similar type of weapon by a licensed private investigator, a licensed
armed security officer or armored car guard. Such officer or guard shall
be required to have appropriate training, as the superintendent of state
police, by regulation, may prescribe, in the use of such weapon, includ-
ing but not limited to the defensive use of such weapon and instruction
in the legal use of deadly physical force pursuant to article thirty-
five of this chapter. The possession of such weapon shall only be
permitted under this section when such officer or guard is engaged in
his or her lawful duties related to employment as a licensed armed secu-
rity officer or armored car guard, or in the transportation to or from
such person's home to or from his or her place of employment.
JUSTIFICATION: Under current law a licensed private investigator, a
licensed armed security officer and armored car guards in New York State
may only possess handgun magazines of no more than 10 rounds of ammuni-
tion. Licensed private investigators, armed security guards and armored
car guards often find themselves in similar situations to that of police
officers and should be able to carry enough ammunition, a maximum of 15
rounds, in order to more adequately defend themselves and the public.
This would especially be beneficial to rural areas where the wait time
for a police officer can sometimes extend to 30 minutes or longer.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall have become a law. Effective immediately, the
superintendent of state police may promulgate any rule or regulation
related to the training requirement under subdivision e of section
265.20 of the penal law as added by section two of this act.
