Assembly Bill A7183C

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

                                  7183

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, PAULIN, JAFFEE, EDDINGTON,
  ESPAILLAT, O'DONNELL -- Multi-Sponsored by -- M. of A. GLICK,  GREENE,
  McENENY  --  read  once and referred to the Committee on Tourism, Arts
  and Sports Development

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation to prohibiting the possession of concealed firearms in parks,
  campgrounds and other public recreation areas

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

  Section 1. Legislative findings. The legislature hereby finds that the
parks, campgrounds and other publicly dedicated recreation areas in  the
state are attractive places for citizens of all ages to safely enjoy the
benefits  of  healthy and safe outdoor activity. The legislature further
finds that the presence of concealed firearms in parks, campgrounds  and
other  areas  of  public  recreation  represents  an unnecessary threat,
whether intentional or unintentional, to the health and safety of  citi-
zens  invited  to enjoy public recreational opportunities as well as the
wildlife preserved within such recreation areas. Therefore,  it  is  the
purpose  of the legislature to protect the health, safety and welfare of
the public and prohibit the possession of a  concealed  firearm  in  all
federal,  state and municipal parks, campgrounds or other publicly dedi-
cated recreation areas except, as specifically provided by law.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.31 to read as follows:
  S 13.31 PROHIBITION OF CONCEALED FIREARMS IN  PARKS,  CAMPGROUNDS  AND
OTHER PUBLIC RECREATION AREAS. 1. EXCEPT AS PROVIDED IN THIS SECTION AND
OTHERWISE  SPECIFICALLY PERMITTED IN LAW, NO PERSON, OTHER THAN A MEMBER
OF A FEDERAL, STATE OR MUNICIPAL LAW ENFORCEMENT  AGENCY  AUTHORIZED  TO
CARRY  A  CONCEALED FIREARM, SHALL INTRODUCE OR POSSESS, EITHER UPON HIS
OR HER PERSON OR WITHIN  A  VEHICLE  OR  OTHER  PLACE  OF  STORAGE,  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08919-02-9

              

A. 7183                             2

CONCEALED FIREARM IN ANY FEDERAL, STATE OR MUNICIPAL PARK, CAMPGROUND OR
OTHER PUBLICLY DEDICATED RECREATION AREA.
  2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
  (A)  TO  ANY  CAMPGROUNDS  UNDER THE JURISDICTION OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION ONLY  DURING  THE  SPRING  AND  FALL  HUNTING
SEASONS  CONSISTENT  WITH THE APPLICABLE PROVISIONS OF ARTICLE ELEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW; AND
  (B) TO ANY PERSON EMPLOYED  BY  A  PRIVATE  SECURITY  FIRM  WHICH  HAS
CONTRACTED  WITH  THE  PUBLIC  AGENCY HAVING JURISDICTION OVER THE PARK,
CAMPGROUND OR PUBLIC RECREATION AREA FOR SERVICES ON THE PROPERTY  UNDER
THE JURISDICTION, CUSTODY AND CONTROL OF SUCH PUBLIC AGENCY WHO SHALL BE
PERMITTED,  WITH THE APPROVAL OF SUCH PUBLIC AGENCY, TO CARRY OR POSSESS
A CONCEALED FIREARM SUPPLIED BY HIS OR HER EMPLOYER IN THE COURSE OF HIS
OR HER EMPLOYMENT  ON  SUCH  PROPERTY,  PROVIDED  THAT  SUCH  PERSON  IS
LICENSED  PURSUANT  TO  SECTION  400.00  OF THE PENAL LAW AND MEETS SUCH
MINIMUM QUALIFICATIONS AS MAY BE ESTABLISHED BY SUCH PUBLIC  AGENCY.  IN
ADDITION, ANY FIRM PROVIDING SECURITY SERVICES ON PARK LAND, CAMPGROUNDS
OR  OTHER  PUBLICLY DEDICATED RECREATION AREA LANDS SHALL PROVIDE PUBLIC
LIABILITY INSURANCE, NAMING THE APPROPRIATE FEDERAL GOVERNMENT, STATE OR
MUNICIPAL AGENCY AS AN INSURED PARTY, IN  SUCH  AMOUNTS  AS  THE  PUBLIC
AGENCY WITH JURISDICTION SHALL REQUIRE.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
  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.

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

                                 7183--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, PAULIN, JAFFEE, EDDINGTON,
  ESPAILLAT, O'DONNELL, HOOPER -- Multi-Sponsored by -- M. of A.  GLICK,
  GREENE, McENENY -- read once and referred to the Committee on Tourism,
  Arts  and  Sports  Development  -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation to prohibiting the possession of concealed firearms in parks,
  campgrounds and other public recreation areas

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

  Section 1. Legislative findings. The legislature hereby finds that the
parks, campgrounds and other publicly dedicated recreation areas in  the
state are attractive places for citizens of all ages to safely enjoy the
benefits  of  healthy and safe outdoor activity. The legislature further
finds that the presence of concealed firearms in parks, campgrounds  and
other  areas  of  public  recreation  represents  an unnecessary threat,
whether intentional or unintentional, to the health and safety of  citi-
zens  invited  to enjoy public recreational opportunities as well as the
wildlife preserved within such recreation areas. Therefore,  it  is  the
purpose  of the legislature to protect the health, safety and welfare of
the public and prohibit the possession of a  concealed  firearm  in  all
federal,  state and municipal parks, campgrounds or other publicly dedi-
cated recreation areas except, as specifically provided by law.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.31 to read as follows:
  S 13.31 PROHIBITION OF CONCEALED FIREARMS IN  PARKS,  CAMPGROUNDS  AND
OTHER PUBLIC RECREATION AREAS. 1. EXCEPT AS PROVIDED IN THIS SECTION AND
OTHERWISE  SPECIFICALLY PERMITTED IN LAW, NO PERSON, OTHER THAN A MEMBER
OF A FEDERAL, STATE OR MUNICIPAL LAW ENFORCEMENT  AGENCY  AUTHORIZED  TO
CARRY  A  CONCEALED FIREARM, SHALL INTRODUCE OR POSSESS, EITHER UPON HIS
OR HER PERSON OR WITHIN  A  VEHICLE  OR  OTHER  PLACE  OF  STORAGE,  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08919-03-9
              

A. 7183--A                          2

CONCEALED FIREARM IN ANY FEDERAL, STATE OR MUNICIPAL PARK, CAMPGROUND OR
OTHER PUBLICLY DEDICATED RECREATION AREA.
  2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
  (A)  TO  ANY  CAMPGROUNDS  UNDER THE JURISDICTION OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION ONLY  DURING  THE  SPRING  AND  FALL  HUNTING
SEASONS  CONSISTENT  WITH THE APPLICABLE PROVISIONS OF ARTICLE ELEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW;
  (B) TO THE LANDS UNDER THE JURISDICTION OF THE OFFICE WHERE HUNTING IS
PERMITTED BY A RULE OR REGULATION OF A  REGIONAL  PARK,  RECREATION  AND
HISTORIC PRESERVATION COMMISSION; AND
  (C)  TO  ANY  PERSON  EMPLOYED  BY  A  PRIVATE SECURITY FIRM WHICH HAS
CONTRACTED WITH THE PUBLIC AGENCY HAVING  JURISDICTION  OVER  THE  PARK,
CAMPGROUND  OR PUBLIC RECREATION AREA FOR SERVICES ON THE PROPERTY UNDER
THE JURISDICTION, CUSTODY AND CONTROL OF SUCH PUBLIC AGENCY WHO SHALL BE
PERMITTED, WITH THE APPROVAL OF SUCH PUBLIC AGENCY, TO CARRY OR  POSSESS
A CONCEALED FIREARM SUPPLIED BY HIS OR HER EMPLOYER IN THE COURSE OF HIS
OR  HER  EMPLOYMENT  ON  SUCH  PROPERTY,  PROVIDED  THAT  SUCH PERSON IS
LICENSED PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  AND  MEETS  SUCH
MINIMUM  QUALIFICATIONS  AS MAY BE ESTABLISHED BY SUCH PUBLIC AGENCY. IN
ADDITION, ANY FIRM PROVIDING SECURITY SERVICES ON PARK LAND, CAMPGROUNDS
OR OTHER PUBLICLY DEDICATED RECREATION AREA LANDS SHALL  PROVIDE  PUBLIC
LIABILITY INSURANCE, NAMING THE APPROPRIATE FEDERAL GOVERNMENT, STATE OR
MUNICIPAL  AGENCY  AS  AN  INSURED  PARTY, IN SUCH AMOUNTS AS THE PUBLIC
AGENCY WITH JURISDICTION SHALL REQUIRE.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
  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.

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

                                 7183--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, PAULIN, JAFFEE, EDDINGTON,
  ESPAILLAT, O'DONNELL, HOOPER -- Multi-Sponsored by -- M. of A.  GLICK,
  McENENY  --  read  once and referred to the Committee on Tourism, Arts
  and Sports Development -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the parks, recreation and historic preservation law, in
  relation to prohibiting the possession of concealed firearms in parks,
  campgrounds and other public recreation areas

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

  Section 1. Legislative findings. The legislature hereby finds that the
parks,  campgrounds and other publicly dedicated recreation areas in the
state are attractive places for citizens of all ages to safely enjoy the
benefits of healthy and safe outdoor activity. The  legislature  further
finds  that the presence of concealed firearms in parks, campgrounds and
other areas of  public  recreation  represents  an  unnecessary  threat,
whether  intentional or unintentional, to the health and safety of citi-
zens invited to enjoy public recreational opportunities as well  as  the
wildlife  preserved  within  such recreation areas. Therefore, it is the
purpose of the legislature to protect the health, safety and welfare  of
the  public  and  prohibit  the possession of a concealed firearm in all
federal, state and municipal parks, campgrounds or other publicly  dedi-
cated recreation areas except, as specifically provided by law.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.31 to read as follows:
  S  13.31  PROHIBITION  OF CONCEALED FIREARMS IN PARKS, CAMPGROUNDS AND
OTHER PUBLIC RECREATION AREAS. 1. EXCEPT AS PROVIDED IN THIS SECTION AND
OTHERWISE SPECIFICALLY PERMITTED IN LAW, NO PERSON, OTHER THAN A  MEMBER
OF  A  FEDERAL,  STATE OR MUNICIPAL LAW ENFORCEMENT AGENCY AUTHORIZED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08919-05-9
              

A. 7183--B                          2

CARRY A CONCEALED FIREARM, SHALL INTRODUCE OR POSSESS, EITHER  UPON  HIS
OR  HER  PERSON  OR  WITHIN  A  VEHICLE  OR  OTHER PLACE OF STORAGE, ANY
CONCEALED FIREARM IN ANY FEDERAL, STATE OR MUNICIPAL PARK, CAMPGROUND OR
OTHER PUBLICLY DEDICATED RECREATION AREA.
  2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
  (A)  TO  ANY  CAMPGROUNDS  UNDER THE JURISDICTION OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION ONLY  DURING  THE  SPRING  AND  FALL  HUNTING
SEASONS  CONSISTENT  WITH THE APPLICABLE PROVISIONS OF ARTICLE ELEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW;
  (B) TO THE LANDS UNDER THE JURISDICTION OF THE OFFICE WHERE HUNTING IS
PERMITTED BY A RULE OR REGULATION OF A  REGIONAL  PARK,  RECREATION  AND
HISTORIC PRESERVATION COMMISSION;
  (C)  TO PRIVATELY OWNED RESIDENCES WITHIN PARKS AND CAMPGROUNDS IN THE
ADIRONDACK PARK AND THE CATSKILL PARK, AS DEFINED IN SECTION  9-0101  OF
THE ENVIRONMENTAL CONSERVATION LAW, RESPECTIVELY; AND
  (D)  TO  ANY  PERSON  EMPLOYED  BY  A  PRIVATE SECURITY FIRM WHICH HAS
CONTRACTED WITH THE PUBLIC AGENCY HAVING  JURISDICTION  OVER  THE  PARK,
CAMPGROUND  OR PUBLIC RECREATION AREA FOR SERVICES ON THE PROPERTY UNDER
THE JURISDICTION, CUSTODY AND CONTROL OF SUCH PUBLIC AGENCY WHO SHALL BE
PERMITTED, WITH THE APPROVAL OF SUCH PUBLIC AGENCY, TO CARRY OR  POSSESS
A CONCEALED FIREARM SUPPLIED BY HIS OR HER EMPLOYER IN THE COURSE OF HIS
OR  HER  EMPLOYMENT  ON  SUCH  PROPERTY,  PROVIDED  THAT  SUCH PERSON IS
LICENSED PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  AND  MEETS  SUCH
MINIMUM  QUALIFICATIONS  AS MAY BE ESTABLISHED BY SUCH PUBLIC AGENCY. IN
ADDITION, ANY FIRM PROVIDING SECURITY SERVICES ON PARK LAND, CAMPGROUNDS
OR OTHER PUBLICLY DEDICATED RECREATION AREA LANDS SHALL  PROVIDE  PUBLIC
LIABILITY INSURANCE, NAMING THE APPROPRIATE FEDERAL GOVERNMENT, STATE OR
MUNICIPAL  AGENCY  AS  AN  INSURED  PARTY, IN SUCH AMOUNTS AS THE PUBLIC
AGENCY WITH JURISDICTION SHALL REQUIRE.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
  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.