NY State Senate Bill 2011-S6433

Senate Bill S6433

2011-2012 Legislative Session

Relates to the minimum distance a firearm may be in the vicinity of school grounds, 1,000 feet

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2012	referred to environmental conservation

co-Sponsors

2011-S6433 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0931, En Con L; amd §10.00, Pen L
Versions Introduced in 2013-2014 Legislative Session:: S3741

2011-S6433 (ACTIVE) - Summary

Increase the minimum distance a firearm may be in the vicinity of school grounds to 1,000 feet.

2011-S6433 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6433

TITLE OF BILL:

An act to amend the environmental conservation law and the penal law,
in relation to the minimum distance a firearm may be in the vicinity
of school grounds

PURPOSE:

To dissuade gun violence in and around the perimeter of school
dwellings where such practice is unlawful and cause of unnecessary
concern for children and families of a proximate school district.

SUMMARY OF PROVISIONS:

Section 1: Amends section 11-0931 of the environmental conversation
law to specify the discharging of a firearm, crossbow or long bow
1,000 feet from a dwelling house, farm building or farm structure
actually occupied or used, school building, school playground, or
occupied factory or church. This amended section, specifically
"crossbow," is subjected to expiration in 2012.

Section 2: Amends section 11-0931 of the environmental conversation
law to specify the discharging of a firearm or long bow 1,000 feet
from a dwelling house, farm building or farm structure actually

occupied or used, school building, school playground, or occupied
factory or church.

Section 3: An amendment to section 10.00 of the penal law, to specify
the meaning of "school grounds" and correlate the intent of this bill
- to discharge a firearm, crossbow or long bow 1,000 feet from a
school dwelling - in establishing consistency with this hereby act.

Section 4: Effective date of bill.

EXISTING LAW:

Chapter 483 of the laws of 2010 allowed the legal usage of hunting
with crossbows in New York. Previously, it was only allowed for and
limited for usage by physically disabled individuals.  Regarding the
distance where a firearm, crossbow or long bow must be discharged when
in the vicinity of a school ground dwelling, it was and has been
stated as 500 feet. Chapter 483 of the laws of 2010 did not seek to
change the distance.

JUSTIFICATION:

The federal Gun Free School Zones Act requires firearms to be
discharged within a distance of 1,000 feet from the grounds of a
public, parochial or private school. This act, nor the federal Gun
Free School Zones Act, does not impede an individual to possess a
firearm contingent on qualifying for such license and bearing said
license when asked. To establish consistency with federal guidelines,
and to protect our children at any measure from gun violence, it is
commendable and required of that the law is changed by passage of this


legislative intent to change the current distance of 500 feet to 1,000
feet.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Shall take effect on the sixtieth day after it becomes law. This shall
be provided, however, that the amendments to subparagraph 2, paragraph
'a', subdivision 4, contained within section 11-0931 of the
environmental conservation law, as made by section 1 of this act,
shall be subjected to the expiration and reversion of such subdivision
pursuant to Chapter 483 of the laws of 2010. Upon such enacted date of
this act, the provisions of section 2 shall take effect.

2011-S6433 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6433

                            I N  S E N A T E

                            February 9, 2012
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the penal law, in
  relation to the minimum distance a firearm may be in the  vicinity  of
  school grounds

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subparagraph 2 of paragraph a of subdivision 4 of  section
11-0931 of the environmental conservation law, as amended by chapter 483
of the laws of 2010, is amended to read as follows:
  (2)  discharge  a  firearm, crossbow or long bow within [five hundred]
ONE THOUSAND feet from a dwelling house, farm building or farm structure
actually occupied or used, school building, school playground, or  occu-
pied factory or church;
  S 2. Subparagraph 2 of paragraph a of subdivision 4 of section 11-0931
of the environmental conservation law is amended to read as follows:
  (2) discharge a firearm or long bow within [five hundred] ONE THOUSAND
feet  from  a  dwelling  house, farm building or farm structure actually
occupied or used, school building, school playground, or occupied facto-
ry or church;
  S 3. Section 10.00 of the penal law is amended by adding a new  subdi-
vision 21 to read as follows:
  21. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC-
TURE,  ATHLETIC  PLAYING  FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE
REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY,  PAROCHI-
AL,  INTERMEDIATE,  JUNIOR  HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY
AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND  FEET  OF  THE
REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL OR ANY PARKED
AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND  FEET  OF
THE  REAL  PROPERTY  BOUNDARY  LINE  COMPRISING ANY SUCH SCHOOL. FOR THE
PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC"  SHALL  MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13537-01-1

S. 6433                             2

  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the  amendments  to  subpara-
graph  2 of paragraph a of subdivision 4 of section 11-0931 of the envi-
ronmental conservation law made by section one  of  this  act  shall  be
subject  to the expiration and reversion of such subdivision pursuant to
chapter 483 of the laws of 2010, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.

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Senate Bill S6433

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Sponsored By

Joseph P. Addabbo Jr.