Senate Bill S6148

                                 BILL NUMBER:  S6148A

 TITLE OF BILL :
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 beverages

 PURPOSE :
To prohibit the possession of rifles, shotguns, and firearms in
establishments that serve alcohol.

 SUMMARY OF PROVISIONS :
Section 1 amends subdivision 3 of section 265.01 of the penal law by
adding two new paragraphs:

(b) A person is guilty of possession of a firearm in the fourth degree
if he or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon the premises of an establishment for which a
license to sell alcoholic beverages for on-premises consumption has
been issued pursuant to the alcoholic beverage control law.

(c) The provisions of paragraph (b) do not apply to owners or
employees of the licensed premises, or any non-profit organization or
"club" defined in subdivision 9 or section 3 of the alcoholic beverage
control law, including the exterior grounds of any golf course or
outdoor recreation area affiliated with such club.
              

Section 2 relates to the effective date.

 JUSTIFICATION :
A recent survey conducted by David Randolph Smith Law Firm revealed
that 23 states expressly prohibit carrying loaded guns in areas
serving alcohol. While New York state law prohibits the carrying of
firearms on education grounds and school buses, it currently does not
have a statute that directly relates to the consumption of alcohol.

The goal of this legislation is to expand current law to other
sensitive places such as bars, restaurants, and night clubs, where the
combination of firearms and alcohol on the premises of drinking
establishments creates a danger and threat to public safety. This
legislation recognizes that, while the mere presence of permitted guns
in bars may not be harmful per se, these guns may become harmful by
the intervention and acts of other persons and patrons, whether they
are intentional or not.

In addition to the exemptions provided for in section 265.20 of the
penal law, the bill exempts owners and employees who have the
responsibility to protect their drinking establishments, and
non-profit institutions such as charities, fraternal and veterans
organizations.

A violation of the provisions set forth in the bill constitutes a
class A misdemeanor.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
One hundred and twentieth day after becoming law.

                                 BILL NUMBER:  S6148B

 TITLE OF BILL :
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 beverages


 PURPOSE :
To prohibit the possession of rifles, shotguns, and firearms in
establishments that serve alcohol.

 SUMMARY OF PROVISIONS :
Section 1: A person is guilty of possession of a firearm in the fourth
degree if he or she knowingly has in his or her possession a rifle,
shotgun or firearm in or upon the premises of an establishment for
which a license to sell alcoholic beverages for on-premises
consumption has been issued pursuant to the alcoholic beverage control
law.

Section 2: The provisions in section 1 do not apply to owners or
employees of the licensed premises who have the responsibility of
protecting their establishment and its patrons, or any member of a
"club" as defined in subdivision 9 of section 3 of the alcoholic
beverage control law, who is located on any portion of the premises
used exclusively for the consumption of alcoholic beverages, including
              

the exterior grounds of any golf course or outdoor recreation area
affiliated with such club.

Section 3 relates to the effective date.

 JUSTIFICATION :
A recent survey conducted by David Randolph Smith Law Firm revealed
that 23 states expressly prohibit carrying loaded guns in areas
serving alcohol.  While New York state law prohibits the carrying of
firearms on education grounds and school buses, it currently does not
have a statute that directly relates to the consumption of alcohol.

The goal of this legislation is to expand current law to other
sensitive places such as bars, restaurants, and night clubs, where the
combination of firearms and alcohol on the premises of drinking
establishments creates a danger and threat to public safety. This
legislation recognizes that, while the mere presence of permitted guns
in bars may not be harmful per se, these guns may become harmful by
the intervention and acts of other persons and patrons, whether they
are intentional or not.

In addition to the exemptions provided for in section 265.20 of the
penal law, the bill exempts owners and employees who have the
responsibility to protect their drinking establishments and its
patrons, and members of nonprofit "clubs" such as fraternal and
veterans organizations.

A violation of the provisions set forth in the bill constitutes a
class A misdemeanor.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
120 days after becoming law.