NY State Senate Bill 2017-S7874

Senate Bill S7874

2017-2018 Legislative Session

Limits educational institutions ability to authorize the possession of a weapon on school grounds

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2018	referred to codes

co-Sponsors

2017-S7874 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.01-a, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S101

2017-S7874 (ACTIVE) - Summary

Limits an educational institution's ability to authorize the possession of a weapon on school grounds to certain officers or agents of a law enforcement agency.

2017-S7874 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7874

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the penal law, in relation to limiting educational
institutions ability to authorize the possession of a weapon on school
grounds

 
PURPOSE:

Requires that no educational institution shall issue written authori-
zation to carry a firearm to any person who is not primarily employed as
a school resource officer, law enforcement officer, or security guard.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 265.01-a of the penal law in regards to the
definition of criminal possession of a weapon on school grounds.  Under
current law, criminal possession is defined as possessing a rifle, shot-
gun, or firearm in or upon a building or grounds, used for educational

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 142 of the vehicle and traffic law, without
the written authorization of such educational institution. This act
would stipulate that no educational institution shall issue such written
authorization to any teacher, professor, administrator, or other person
who is not primarily employed as a school resource officer, law enforce-
ment officer, or security guard as defined in subsection 6 of section
89-f of the general business law, regardless of the person's employment
directly by the educational institution or by a third party that
provides school resource officers or law enforcement or security
services to the educational institution.

Section 2 is the effective date.

 
JUSTIFICATION:

In the wake of the deadly shooting at Stoneman Douglas High School, the
18th school shooting to occur in the U.S. in 2018, many have suggested
that teachers and other school employees should be trained and armed in
order to deter and prevent future shootings. If 10% to 20% of teachers
are armed, then 360,000 to 720,000 more guns would be present in
schools.

Focusing on arming teachers takes attention away from advancing real,
effective solutions, such as broadly supported gun control measures or
improved mental health treatment. Further, introducing guns into schools
create the potential for accidental shootings or other acts of violence.
Educators nationwide have decried the idea of carrying guns, as they
want to focus on educating children, which is their job. This measure
will ensure that only qualified and capable individuals - outside of the
classroom-- will legally carry guns on school grounds.

 
LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7874 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7874
 
                             I N  S E N A T E
 
                               March 5, 2018
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  limiting  educational
   institutions ability to authorize the possession of a weapon on school
   grounds
 
   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:
 § 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.    NO EDUCATIONAL INSTITUTION SHALL ISSUE SUCH
 WRITTEN AUTHORIZATION TO ANY TEACHER, PROFESSOR, ADMINISTRATOR, OR OTHER
 PERSON WHO IS NOT PRIMARILY EMPLOYED AS A SCHOOL RESOURCE  OFFICER,  LAW
 ENFORCEMENT  OFFICER, OR SECURITY GUARD AS DEFINED IN SUBDIVISION SIX OF
 SECTION EIGHTY-NINE-F OF THE GENERAL BUSINESS  LAW,  REGARDLESS  OF  THE
 PERSON'S  EMPLOYMENT  DIRECTLY  BY  THE  EDUCATIONAL INSTITUTION OR BY A
 THIRD PARTY THAT PROVIDES SCHOOL RESOURCE OFFICERS OR LAW ENFORCEMENT OR
 SECURITY SERVICES TO THE EDUCATIONAL INSTITUTION.
   Criminal possession of a weapon on school grounds is a class E felony.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14931-02-8

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Senate Bill S7874

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Sponsored By

Todd Kaminsky