S T A T E O F N E W Y O R K
________________________________________________________________________
7414
2021-2022 Regular Sessions
I N A S S E M B L Y
May 7, 2021
___________
Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
criminal possession of a weapon in a polling place
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 400.00 of the penal law, as
amended by chapter 104 of the laws of 2019, is amended to read as
follows:
6. License: validity. Any license issued pursuant to this section
shall be valid notwithstanding the provisions of any local law or ordi-
nance. No license shall be transferable to any other person or prem-
ises. A license to carry or possess a pistol or revolver, not otherwise
limited as to place or time of possession, shall be effective throughout
the state, except that the same shall not be valid within the city of
New York unless a special permit granting validity is issued by the
police commissioner of that city. A LICENSE ISSUED UNDER THIS SECTION
DOES NOT AUTHORIZE ANY PERSON TO CARRY A PISTOL OR REVOLVER INTO ANY
POLLING PLACE ON THE DAY OF AN ELECTION OR WHILE EARLY VOTING IS IN
PROGRESS. Such license to carry or possess shall be valid within the
city of New York in the absence of a permit issued by the police commis-
sioner of that city, provided that (a) the firearms covered by such
license have been purchased from a licensed dealer within the city of
New York and are being transported out of said city forthwith and imme-
diately from said dealer by the licensee in a locked container during a
continuous and uninterrupted trip; or provided that (b) the firearms
covered by such license are being transported by the licensee in a
locked container and the trip through the city of New York is continuous
and uninterrupted; or provided that (c) the firearms covered by such
license are carried by armored car security guards transporting money or
other valuables, in, to, or from motor vehicles commonly known as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11001-02-1
A. 7414 2
armored cars, during the course of their employment; or provided that
(d) the licensee is a retired police officer as police officer is
defined pursuant to subdivision thirty-four of section 1.20 of the crim-
inal procedure law or a retired federal law enforcement officer, as
defined in section 2.15 of the criminal procedure law, who has been
issued a license by an authorized licensing officer as defined in subdi-
vision ten of section 265.00 of this chapter; provided, further, howev-
er, that if such license was not issued in the city of New York it must
be marked "Retired Police Officer" or "Retired Federal Law Enforcement
Officer", as the case may be, and, in the case of a retired officer the
license shall be deemed to permit only police or federal law enforcement
regulations weapons; or provided that (e) the licensee is a peace offi-
cer described in subdivision four of section 2.10 of the criminal proce-
dure law and the license, if issued by other than the city of New York,
is marked "New York State Tax Department Peace Officer" and in such case
the exemption shall apply only to the firearm issued to such licensee by
the department of taxation and finance. A license as gunsmith or dealer
in firearms shall not be valid outside the city or county, as the case
may be, where issued. Notwithstanding any inconsistent provision of
state or local law or rule or regulation, the premises limitation set
forth in any license to have and possess a pistol or revolver in the
licensee's dwelling or place of business pursuant to paragraph (a) or
(b) of subdivision two of this section shall not prevent the transport
of such pistol or revolver directly to or from (i) another dwelling or
place of business of the licensee where the licensee is authorized to
have and possess such pistol or revolver, (ii) an indoor or outdoor
shooting range that is authorized by law to operate as such, (iii) a
shooting competition at which the licensee may possess such pistol or
revolver consistent with the provisions of subdivision a of section
265.20 of this chapter or consistent with the law applicable at the
place of such competition, or (iv) any other location where the licensee
is lawfully authorized to have and possess such pistol or revolver;
provided however, that during such transport to or from a location spec-
ified in clauses (i) through (iv) of this paragraph, the pistol or
revolver shall be unloaded and carried in a locked container, and the
ammunition therefor shall be carried separately; provided further,
however, that a license to have and possess a pistol or revolver in the
licensee's dwelling or place of business pursuant to paragraph (a) or
(b) of subdivision two of this section that is issued by a licensing
officer other than the police commissioner of the city of New York shall
not authorize transport of a pistol or revolver into the city of New
York in the absence of written authorization to do so by the police
commissioner of that city. The term "locked container" shall not include
the glove compartment or console of a vehicle.
§ 2. The penal law is amended by adding a new section 265.01-d to read
as follows:
§ 265.02-D CRIMINAL POSSESSION OF A WEAPON AT A POLLING PLACE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON AT A POLLING
PLACE WHEN HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,
SHOTGUN, OR FIREARM IN OR WITHIN ONE HUNDRED FEET OF A POLLING PLACE ON
THE DAY OF A PRIMARY, SPECIAL OR GENERAL ELECTION OR WHILE EARLY VOTING
IS IN PROGRESS. NOTHING IN THIS SECTION SHALL APPLY TO A POLICE OFFICER
IN THE PERFORMANCE OF HIS OR HER DUTIES.
CRIMINAL POSSESSION OF A WEAPON AT A POLLING PLACE IS A CLASS E FELO-
NY.
§ 3. This act shall take effect immediately.