S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sens. KLEIN, KRUEGER, MONTGOMERY -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to prohibiting the possession
of guns in or upon the grounds of buildings that serve alcoholic
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.01 of the penal law is amended by adding a new
subdivision 3-a to read as follows:
(3-A) HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE, SHOT-
GUN OR FIREARM IN OR UPON THE PREMISES OF AN ESTABLISHMENT FOR WHICH A
LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION
HAS BEEN ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW.
S 2. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
E. THE PROVISIONS OF SUBDIVISION THREE-A OF SECTION 265.01 OF THIS
ARTICLE SHALL NOT APPLY TO:
(1) A PERSON WHO IS AN OWNER OR EMPLOYEE OF THE LICENSED PREMISES FOR
THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WHO HAS THE
RESPONSIBILITY OF PROTECTING SUCH ESTABLISHMENT AND ITS PATRONS; OR
(2) A CLUB MEMBER OF A CLUB AS DEFINED IN SUBDIVISION NINE OF SECTION
THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW, WHO IS LOCATED ON SUCH
PREMISES OR PORTION OF SUCH PREMISES THAT IS USED EXCLUSIVELY BY SUCH
MEMBERS FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES INCLUDING THE
EXTERIOR GROUNDS OF ANY GOLF COURSE OR OUTDOOR RECREATION AREA AFFIL-
IATED WITH SUCH CLUB.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.