senate Bill S1795

Prohibits possession of a gun or non-folding knife at a governmental chamber or public hearing of the state or any political subdivision

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Prohibits the possession of a gun or non-folding knife while upon the premises of a governmental chamber or at a public hearing of the state or any political subdivision thereof; such violation shall constitute a class E felony; exempts police officers and security personnel.

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Bill Details

See Assembly Version of this Bill:
A3287
Versions:
S1795
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.35, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4535, A3749
2009-2010: A2148, A2148
2007-2008: A1391, A1391

Sponsor Memo

BILL NUMBER:S1795

TITLE OF BILL: An act to amend the penal law, in relation to
prohibited use of weapons

PURPOSE OR GENERAL IDEA OF BILL: To prohibit firearms and personal
weapons in governmental chambers and public hearing rooms.

SUMMARY OF SPECIFIC PROVISIONS: Adds subdivision 4 to section 265.35
of the Penal Law, prohibiting firearms and personal weapons in
governmental chambers, including state and municipal office and public
hearing forums held by all legislative and government entities at any
location, except police officials.

JUSTIFICATION: In the development of public policy, state law should
be as proactive in the prevention of any coercive behavior or possible
threats concerning individuals possessing legally or illegally
firearms or other personal weapons in governmental chambers or at
public hearings. policymakers' decision making, votes, policies or
individuals testimony should not be threatened or injured through the
showing of or known concealment of firearms or personal weapons on the
person of individuals within governmental chambers or at public
hearings.

Elected officials are placed into office by people as examples for the
community and as examples to the community should not be allowed to
use fear tactics to get others to see their point of view.

PRIOR LEGISLATIVE HISTORY: 01/09/02 Referred to Codes (A.2665)
02/06/03 Referred to Codes (A.3540) 01/07/04 Referred to Codes 2005-06
A.2187 Referred to Codes 2007-08 A.1391 Held for Consideration in
Codes 2009-10 A.2I48 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date it becomes law.

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

                                  1795

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 prohibited use of weapons

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

  Section 1. Section 265.35 of the penal law is amended by adding a  new
subdivision 4 to read as follows:
  4.  ANY PERSON WHO POSSESSES A FIREARM, ANY OTHER GUN OR A NON-FOLDING
KNIFE WHILE UPON THE PREMISES OF  ANY  GOVERNMENTAL  CHAMBER  OR  PUBLIC
HEARING  ROOM OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF SHALL BE
GUILTY OF A CLASS E FELONY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO POLICE OFFICERS OR PERSONS PROVIDING SECURITY AT THE  DIRECTION
OF THE GOVERNMENTAL ENTITY HAVING JURISDICTION OVER THE PREMISES.
  S 2. 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.
                                                           LBD05302-01-3

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