senate Bill S3741

2013-2014 Legislative Session

Relates to the minimum distance a firearm may be in the vicinity of school grounds, 1,000 feet

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Feb 13, 2013 referred to environmental conservation

Co-Sponsors

S3741 - Bill Details

See Assembly Version of this Bill:
A6833
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0931, En Con L; amd §10.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S6433

S3741 - Bill Texts

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Increase the minimum distance a firearm may be in the vicinity of school grounds to 1,000 feet.

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BILL NUMBER:S3741

TITLE OF BILL: An act to amend the environmental conservation law and
the penal law, in relation to the minimum distance a firearm may be in
the vicinity of school grounds

PURPOSE: To dissuade gun violence in and around the perimeter of school
dwellings where such practice is unlawful and cause of unnecessary
concern for children and families of a proximate school district.

SUMMARY OF PROVISIONS:

Section 1: Amends section 11-0931 of the environmental conversation law
to specify the discharging of a firearm or long bow 1,000 feet from a
dwelling house, farm building or farm structure actually occupied or
used, school building, school playground, or occupied factory or church.

Section 2: An amendment to section 10.00 of the penal law, to specify
the meaning of "school grounds" and correlate the intent of this bill
-to discharge a firearm, crossbow or long bow 1,000 feet from a school
dwelling - in establishing consistency with this hereby act.

Section 3: Effective date of bill.

EXISTING LAW:

Chapter 483 of the laws of 2010 allowed the legal usage of hunting with
crossbows in New York. Previously, it was only allowed for and limited
for usage by physically disabled individuals. Regarding the distance
where a firearm, crossbow or long bow must be discharged when in the
vicinity of a school ground dwelling, it was and has been stated as 500
feet. Chapter 483 of the laws of 2010 did not seek to change the
distance.

JUSTIFICATION:

The federal Gun Free School Zones Act requires firearms to be discharged
within a distance of 1,000 feet from the grounds of a public, parochial
or private school. This act, nor the federal Gun Free School Zones Act,
does not impede an individual to possess a firearm contingent on quali-
fying for such license and bearing said license when asked. To establish
consistency with federal guidelines, and to protect our children at any
measure from gun violence, it is commendable and required of that the
law is changed by passage of this legislative intent to change the
current distance of 500, feet to 1,000 feet.

LEGISLATIVE HISTORY:

2012: S. 6433 - Referred to Environmental Conservation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Shall take effect on the sixtieth day after it becomes
law, with provisions.

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

                                  3741

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the penal law, in
  relation to the minimum distance a firearm may be in the  vicinity  of
  school grounds

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

  Section 1.  Subparagraph 2 of paragraph a of subdivision 4 of  section
11-0931  of  the  environmental  conservation  law is amended to read as
follows:
  (2) discharge a firearm or long bow within [five hundred] ONE THOUSAND
feet from a dwelling house, farm building  or  farm  structure  actually
occupied or used, school building, school playground, or occupied facto-
ry or church;
  S  2. Section 10.00 of the penal law is amended by adding a new subdi-
vision 22 to read as follows:
  22. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC-
TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE
REAL  PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI-
AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL,  OR  (B)  ANY
AREA  ACCESSIBLE  TO  THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH  SCHOOL  OR  ANY  PARKED
AUTOMOBILE  OR  OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF
THE REAL PROPERTY BOUNDARY LINE COMPRISING  ANY  SUCH  SCHOOL.  FOR  THE
PURPOSES  OF  THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU-
RANTS.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08291-01-3

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