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Assembly Bill A5178A

2019-2020 Legislative Session

Relates to training for police officers before allowing them to carry or use a firearm

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A5178 - Details

See Senate Version of this Bill:
S6540
Current Committee:
Assembly Ways And Means
Law Section:
General Municipal Law
Laws Affected:
Add §840-a, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10686
2017-2018: A4596
2021-2022: A4937, S3518
2023-2024: A424, S1663
2025-2026: A2423, S2293

2019-A5178 - Summary

Relates to prohibiting police officers from carrying or using a firearm during any phase of the officer's official duties unless the officer has satisfactorily completed a course of training that meets or exceeds the minimum standards established by the municipal police training council.

2019-A5178 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5178
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by M. of A. BLAKE -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the general municipal law, in  relation  to  prohibiting
   police  officers  from carrying or using a firearm during any phase of
   the officer's official duties unless the  officer  has  satisfactorily
   completed a course of training that meets or exceeds the minimum stan-
   dards established by the municipal police training council
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b) and (c) of subdivision 1 of section 209-q of
 the general municipal law are relettered paragraphs (c) and  (d)  and  a
 new paragraph (b) is added to read as follows:
   (B)  NO EMPLOYER SHALL ALLOW ANY POLICE OFFICER IT EMPLOYS TO CARRY OR
 USE A FIREARM DURING ANY PHASE OF THE OFFICER'S OFFICIAL  DUTIES,  WHICH
 CONSTITUTES  ON-DUTY  EMPLOYMENT,  UNLESS THE OFFICER HAS SATISFACTORILY
 COMPLETED A COURSE OF TRAINING THAT MEETS OR EXCEEDS THE MINIMUM  STAND-
 ARDS  ESTABLISHED BY THE MUNICIPAL POLICE TRAINING COUNCIL IN THE USE OF
 DEADLY PHYSICAL FORCE AND FIREARMS, AND ANNUALLY RECEIVES INSTRUCTION IN
 THE USE OF DEADLY PHYSICAL FORCE AND FIREARMS THAT MEETS OR EXCEEDS  THE
 MINIMUM  STANDARDS ESTABLISHED BY THE MUNICIPAL POLICE TRAINING COUNCIL.
 ALL EMPLOYERS OF POLICE  OFFICERS  SHALL  CONDUCT,  OR  PROVIDE  THROUGH
 ANOTHER  ORGANIZATION,  SUCH  TRAINING REQUIRED BY THIS SUBDIVISION WITH
 SUFFICIENT FREQUENCY TO ENSURE THERE IS NO IMPACT ON A POLICE  OFFICER'S
 ON-DUTY  EMPLOYMENT  DUE TO LACK OF AVAILABLE TRAINING. A POLICE OFFICER
 SHALL NOT BE TRANSFERRED FROM HIS OR HER PRECINCT, COMMAND,  ASSIGNMENT,
 POST,  SQUAD,  OR TOUR OF DUTY AS A RESULT OF SUCH EMPLOYER'S FAILURE TO
 PROVIDE THE TRAINING REQUIRED UNDER THIS SUBDIVISION. IN ADDITION,  SUCH
 EMPLOYER'S  FAILURE TO PROVIDE THE TRAINING REQUIRED UNDER THIS SUBDIVI-
 SION SHALL NOT IMPAIR A POLICE OFFICER'S  ABILITY  TO  CARRY  A  FIREARM
 WHILE OFF-DUTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08787-01-9

co-Sponsors

2019-A5178A (ACTIVE) - Details

See Senate Version of this Bill:
S6540
Current Committee:
Assembly Ways And Means
Law Section:
General Municipal Law
Laws Affected:
Add §840-a, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10686
2017-2018: A4596
2021-2022: A4937, S3518
2023-2024: A424, S1663
2025-2026: A2423, S2293

2019-A5178A (ACTIVE) - Summary

Relates to prohibiting police officers from carrying or using a firearm during any phase of the officer's official duties unless the officer has satisfactorily completed a course of training that meets or exceeds the minimum standards established by the municipal police training council.

2019-A5178A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5178--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by M. of A. BLAKE, ARROYO, FERNANDEZ, RIVERA, D'URSO -- read
   once and referred to the Committee on Local  Governments  --  reported
   and  referred  to the Committee on Codes -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the executive law, in relation to prohibiting police
   officers from carrying or using a firearm  during  any  phase  of  the
   officer's  official  duties  unless  the  officer  has  satisfactorily
   completed a course of training that meets or exceeds the minimum stan-
   dards established by the municipal police training council
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 840-a
 to read as follows:
   § 840-A. MUNICIPAL POLICE; FIREARM USE. NO  MUNICIPALITY  SHALL  ALLOW
 ANY POLICE OFFICER IT EMPLOYS TO CARRY OR USE A FIREARM DURING ANY PHASE
 OF  THE OFFICER'S OFFICIAL DUTIES, WHICH CONSTITUTES ON-DUTY EMPLOYMENT,
 UNLESS THE OFFICER HAS SATISFACTORILY COMPLETED  A  COURSE  OF  TRAINING
 THAT MEETS OR EXCEEDS THE MINIMUM STANDARDS ESTABLISHED BY THE MUNICIPAL
 POLICE  TRAINING  COUNCIL  IN  THE  USE  OF  DEADLY  PHYSICAL  FORCE AND
 FIREARMS, AND ANNUALLY RECEIVES INSTRUCTION IN THE USE OF  DEADLY  PHYS-
 ICAL  FORCE  AND  FIREARMS  THAT  MEETS OR EXCEEDS THE MINIMUM STANDARDS
 ESTABLISHED BY THE MUNICIPAL POLICE TRAINING COUNCIL. ALL  EMPLOYERS  OF
 POLICE  OFFICERS SHALL CONDUCT, OR PROVIDE THROUGH ANOTHER ORGANIZATION,
 SUCH TRAINING REQUIRED BY THIS  SECTION  WITH  SUFFICIENT  FREQUENCY  TO
 ENSURE  THERE  IS NO IMPACT ON A POLICE OFFICER'S ON-DUTY EMPLOYMENT DUE
 TO LACK OF AVAILABLE TRAINING. A POLICE OFFICER SHALL NOT BE TRANSFERRED
 FROM HIS OR HER PRECINCT, COMMAND, ASSIGNMENT, POST, SQUAD, OR  TOUR  OF
 DUTY  AS  A  RESULT  OF  SUCH EMPLOYER'S FAILURE TO PROVIDE THE TRAINING
 REQUIRED UNDER THIS SECTION. IN ADDITION,  SUCH  EMPLOYER'S  FAILURE  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08787-02-9

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