senate Bill S6711A

2013-2014 Legislative Session

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

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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
Jun 02, 2014 print number 6711a
amend and recommit to codes
Mar 03, 2014 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S6711 - Bill Details

See Assembly Version of this Bill:
A10057
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.01-a, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8826

S6711 - Bill Texts

view summary

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

view 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.


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                    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

S6711A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10057
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.01-a, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A8826

S6711A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6711A

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6711--A

                            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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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, owned [and], maintained [by] OR HELD
IN TRUST FOR THE BENEFIT OF THE NEW YORK STATE COLLEGE  OF  FORESTRY  AT
SYRACUSE  UNIVERSITY,  NOW  KNOWN  AS  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.
                                                           LBD13060-02-4

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