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

                                 4797--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced by M. of A. RABBITT, BORELLI, LUPINACCI, DUPREY, RAIA, McKEV-
  ITT,  MILLER, MONTESANO, FINCH, GRAF -- Multi-Sponsored by -- M. of A.
  DIPIETRO, McDONOUGH, WALTER -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the penal law, in relation to permitting active duty,
  off duty or retired law enforcement officers to possess a  firearm  on
  school  grounds,  and to permit such officers to carry more than seven
  rounds of ammunition

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

  Section 1. Subdivision a of section 265.20 of the penal law is amended
by adding a new paragraph 11-a to read as follows:
  11-A.  POSSESSION  OF  A LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT
CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION OR IS OBTAINED  AFTER  THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
ADDED  THIS  PARAGRAPH  AND  HAS  A  CAPACITY OF, OR THAT CAN BE READILY
RESTORED OR CONVERTED TO ACCEPT, MORE THAN SEVEN ROUNDS  OF  AMMUNITION,
BY AN ACTIVE DUTY, OFF DUTY OR RETIRED LAW ENFORCEMENT OFFICER.
  S  2.  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, owned  and  maintained  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06417-05-3

              

A. 4797--A                          2

educational  institution, UNLESS SUCH PERSON IS AN ACTIVE DUTY, OFF DUTY
OR RETIRED LAW ENFORCEMENT OFFICER.
  Criminal possession of a weapon on school grounds is a class E felony.
  S  3.  Subdivision 8 of section 265.02 of the penal law, as amended by
chapter 1 of the laws of 2013, is amended to read as follows:
  (8) Such person possesses a large capacity ammunition feeding  device,
EXCEPT  IF HE OR SHE IS AN ACTIVE DUTY, OFF-DUTY OR RETIRED LAW ENFORCE-
MENT OFFICER.  For purposes of this subdivision, a large capacity  ammu-
nition  feeding  device  shall  not include an ammunition feeding device
lawfully possessed by such person before the  effective  date  of  [the]
chapter  ONE  of  the  laws  of two thousand thirteen which amended this
subdivision, that has a capacity of, or that can be readily restored  or
converted to accept more than seven but less than eleven rounds of ammu-
nition,  or  that was manufactured before September thirteenth, nineteen
hundred ninety-four, that has a capacity of,  or  that  can  be  readily
restored or converted to accept, more than ten rounds of ammunition; or
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to section 265.20 of the penal law made by section one of
this act shall take effect on the same date and in the  same  manner  as
paragraphs  (b) and (c) of subdivision 23 of section 265.00 of the penal
law, as amended by section 38 of chapter 1 of the  laws  of  2013,  take
effect;  and  further  provided, however, that the amendments to section
265.01-a of the penal law made by section two of  this  act  shall  take
effect  on the same date and in the same manner as section 41 of chapter
1 of the laws of 2013, takes effect; and further provided, however, that
the amendments to section 265.02 of the penal law made by section  three
of this act shall take effect on the same date and in the same manner as
section 41-b of chapter 1 of the laws of 2013, takes effect.