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.