S T A T E   O F   N E W   Y O R K
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                                  5703

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced by M. of A. BRABENEC, DUPREY, RAIA, FINCH, BORELLI, McKEVITT,
  GRAF,  LUPINACCI, MILLER, LAWRENCE, MONTESANO -- Multi-Sponsored by --
  M. of A. DiPIETRO, McDONOUGH, WALTER -- read once and referred to  the
  Committee on Codes

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 FIFTEEN 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
educational institution, UNLESS SUCH PERSON IS AN ACTIVE DUTY, OFF  DUTY
OR RETIRED LAW ENFORCEMENT OFFICER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08940-02-5
              

A. 5703                             2

  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.