senate Bill S6711

Amended

Relates to possession of firearms on property owned by or held in trust for SUNY ESF

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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

  • 03 / Mar / 2014
    • REFERRED TO CODES
  • 02 / Jun / 2014
    • AMEND AND RECOMMIT TO CODES
  • 02 / Jun / 2014
    • PRINT NUMBER 6711A

Summary

Relates to possession of firearms on property owned by or held in trust for SUNY ESF.

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Bill Details

Versions:
S6711
S6711A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง265.01-a, Pen L
Versions Introduced in 2013-2014 Legislative Cycle:
A8826

Sponsor Memo

BILL NUMBER:S6711

TITLE OF BILL: An act to amend the penal law, in relation to
possession of firearms on property owned by or held in trust for SUNY
ESF

PURPOSE OR GENERAL IDEA OF BILL:

To restore hunting rights on SUNY ESF property.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 265.01-a of the penal law pertaining to
criminal possession of a weapon on school grounds. The bill adds the
language "held in trust" when describing exemptions under this
provision of the law.

Section 2 shall make the effective date immediately.

JUSTIFICATION:

In the fall of 2013, SUNY ESF announced that it would ban hunting on
5,300 acres of its property in the North Country. This land had been
regularly used by SUNY ESF's students and faculty for research and as
well as being a popular location for small and big game hunters.

SUNY ESF's announcement was due to the firearm possession changes that
were created under the NY SAFE Act. Under the SAFE Act, penalties were
added for possessing a rifle, shotgun or firearm in or upon a building
or grounds, used for educational purposes. While the law provided an
exemption for land owned by SUNY ESF, it did not contain an exemption
for property that is held in trust for SUNY ESF which includes 5,300
acres in the Adirondacks. Without mention of "land held in trust,"
under the law, an individual who possesses a shotgun, rife or firearm
on theses premises in the Adirondacks could face a Class E Felony.

As a result, SUNY ESF made the decision to announce the hunting ban
for its Adirondack properties to prevent hunters and outdoor sports
enthusiasts from being potentially charged with a felony under the
SAFE Act.

This legislation makes the technical changes that will once again open
up these areas for hunting of big and small game.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.


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

                                  6711

                            I N  S E N A T E

                              March 3, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 possession of firearms  on
  property owned by or held in trust for SUNY ESF

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

  Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
S 265.01-a Criminal possession of a weapon on school grounds.
  A person is guilty of  criminal  possession  of  a  weapon  on  school
grounds  when  he or she knowingly has in his or her possession a rifle,
shotgun, or firearm in or upon a building or grounds,  used  for  educa-
tional  purposes,  of  any  school,  college,  or university, except the
forestry lands, wherever located, HELD IN TRUST FOR OR owned  and  main-
tained  by  the  State  University  of New York college of environmental
science and forestry, or upon a school bus as  defined  in  section  one
hundred  forty-two  of  the vehicle and traffic law, without the written
authorization of such educational institution.
  Criminal possession of a weapon on school grounds is a class E felony.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13060-01-3

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