Senate Bill S6940

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6940
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   definition  of  non-ambulatory  for purposes of non-ambulatory hunting
   permits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  11-0931 of the environmental
 conservation law, as amended by section 8 of part EE of  chapter  55  of
 the laws of 2014, is amended to read as follows:
   2. No crossbow or firearm except a pistol or revolver shall be carried
 or  possessed  in  or  on  a  motor vehicle unless it is uncocked, for a
 crossbow or unloaded, for a firearm in both the chamber  and  the  maga-
 zine,  except that a loaded firearm which may be legally used for taking
 migratory game birds may be carried or possessed in  a  motorboat  while
 being legally used in hunting migratory game birds, and no person except
 a  law  enforcement  officer  in  the performance of his official duties
 shall, while in or on a motor vehicle, use  a  jacklight,  spotlight  or
 other  artificial  light upon lands inhabited by deer if he or she is in
 possession or is accompanied by a person who is in  possession,  at  the
 time  of  such  use,  of  a  longbow, crossbow or a firearm of any kind,
 except a pistol or revolver, unless such longbow or crossbow is unstrung
 or such firearm or crossbow is taken down or securely fastened in a case
 or locked in the trunk of the vehicle. For purposes of this subdivision,
 motor vehicle shall mean every vehicle or other device operated  by  any
 power other than muscle power, and which shall include but not be limit-
 ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
 boats, snowmobiles and snowtravelers, whether operated on or off  public
 highways.    Notwithstanding  the  provisions  of  this subdivision, the
 department may issue a permit  to  any  person  who  is  non-ambulatory,
 except  with the use of a mechanized aid, to possess a loaded firearm in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07878-01-1

 S. 6940                             2
 
 or on a motor vehicle as  defined  in  this  section,  subject  to  such
 restrictions  as  the  department  may deem necessary in the interest of
 public safety. FOR PURPOSES OF THIS  SUBDIVISION,  NON-AMBULATORY  SHALL
 MEAN  UNABLE TO MOVE ABOUT IN A FIELD, WOOD OR OTHER HUNTING ARENA WITH-
 OUT  MECHANICAL  ASSISTANCE.  Nothing  in  this  section   permits   the
 possession of a pistol or a revolver contrary to the penal law.
   § 2. This act shall take effect immediately.