S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    766
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, JEAN-PIERRE, SIMON, DE LOS SANTOS,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. COOK, HYNDMAN -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to restricting the  locations
   of  gunsmiths and dealers in firearms in relation to day cares, educa-
   tional facilities, and places of worship
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 400.00 of the penal law is amended by adding a new
 subdivision 20 to read as follows:
   20. NO LICENSE SHALL BE GRANTED FOR ANY GUNSMITH OR DEALER IN FIREARMS
 TO OPERATE:
   (A) ON THE SAME STREET OR AVENUE AND WITHIN FIVE  HUNDRED  FEET  OF  A
 BUILDING OCCUPIED AS A CHILD DAY CARE OR EDUCATIONAL FACILITY, OR EXCLU-
 SIVELY OCCUPIED AS A PLACE OF WORSHIP; OR
   (B)  IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
 OR MORE WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING GUNSMITHS  OR
 DEALERS IN FIREARMS LICENSED AND OPERATING PURSUANT TO THIS SECTION; AND
   (C) THE MEASUREMENTS IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ARE
 TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF
 THE PREMISES SOUGHT TO BE LICENSED TO THE CENTER OF THE NEAREST ENTRANCE
 OF  SUCH  CHILD  DAY  CARE  OR  EDUCATIONAL  FACILITY, OR OTHER PLACE OF
 WORSHIP OR TO THE CENTER OF THE NEAREST ENTRANCE OF EACH  SUCH  PREMISES
 OF  EXISTING  GUNSMITHS  OR  DEALERS  IN FIREARMS LICENSED AND OPERATING
 PURSUANT TO THIS SECTION; EXCEPT, HOWEVER,  THAT  NO  LICENSE  SHALL  BE
 DENIED TO ANY PREMISES AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN
 EXISTENCE  CONTINUOUSLY FROM A DATE PRIOR TO THE DATE WHEN A BUILDING ON
 THE SAME STREET OR AVENUE AND WITHIN FIVE HUNDRED FEET OF SAID  PREMISES
 HAS BEEN OCCUPIED AS A CHILD DAY CARE OR EDUCATIONAL FACILITY, OR EXCLU-
 SIVELY  OCCUPIED AS A PLACE OF WORSHIP; AND EXCEPT THAT NO LICENSE SHALL
 BE DENIED TO ANY PREMISES, WHICH IS WITHIN FIVE HUNDRED FEET OF THREE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00754-01-3
              

 A. 766                              2
 
 MORE EXISTING GUNSMITHS OR DEALERS IN FIREARMS  LICENSED  AND  OPERATING
 PURSUANT TO THIS SECTION, AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN
 IN  EXISTENCE  CONTINUOUSLY  ON OR PRIOR TO NOVEMBER FIRST, TWO THOUSAND
 TWENTY-THREE.
   (D)  WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
 MEAN A DOOR REGULARLY USED TO GIVE INGRESS TO A CHILD DAY CARE OR EDUCA-
 TIONAL FACILITY, A HOUSE OF WORSHIP,  PREMISES  LICENSED  AND  OPERATING
 PURSUANT  TO  THIS SECTION BY A GUNSMITH OR DEALER IN FIREARMS OR OF THE
 PREMISES SOUGHT TO BE LICENSED. WHERE A CHILD DAY  CARE  OR  EDUCATIONAL
 FACILITY,  A HOUSE OF WORSHIP, OR PREMISES LICENSED AND OPERATING PURSU-
 ANT TO THIS SECTION BY A GUNSMITH OR DEALER IN FIREARMS OR THE  PREMISES
 SOUGHT  TO BE LICENSED IS SET BACK FROM A PUBLIC THOROUGHFARE, THE WALK-
 WAY OR STAIRS LEADING TO ANY SUCH DOOR SHALL BE DEEMED AN  ENTRANCE  AND
 THE MEASUREMENT SHALL BE TAKEN TO THE CENTER OF THE WALKWAY OR STAIRS AT
 THE  POINT  WHERE  IT  MEETS THE BUILDING LINE OR PUBLIC THOROUGHFARE. A
 DOOR WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS USED SOLELY AS AN EMER-
 GENCY OR FIRE EXIT, OR FOR MAINTENANCE PURPOSES, OR WHICH LEADS DIRECTLY
 TO A PART OF A BUILDING NOT REGULARLY USED  BY  THE  GENERAL  PUBLIC  OR
 PATRONS, IS NOT DEEMED AN "ENTRANCE".
   (E)  WITHIN  THE  CONTEXT  OF  THIS  SUBDIVISION, A "CHILD DAY CARE OR
 EDUCATIONAL FACILITY" MEANS (I) IN OR ON OR WITHIN ANY BUILDING,  STRUC-
 TURE,  ATHLETIC PLAYING FIELD, A PLAYGROUND OR LAND CONTAINED WITHIN THE
 REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE CHILD DAY CARE CENTER
 AS SUCH TERM IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE  OF  SECTION
 THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, OR NURSERY, PRE-KINDER-
 GARTEN  OR  KINDERGARTEN,  OR  (II)  ANY  AREA  ACCESSIBLE TO THE PUBLIC
 LOCATED WITHIN ONE THOUSAND FEET OF  THE  REAL  PROPERTY  BOUNDARY  LINE
 COMPRISING  ANY SUCH FACILITY. FOR THE PURPOSES OF THIS SECTION AN "AREA
 ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS,  PARKING  LOTS,
 PARKS, PLAYGROUNDS, STORES AND RESTAURANTS.
   (F)  WITHIN  THE CONTEXT OF THIS SUBDIVISION, A BUILDING OCCUPIED AS A
 PLACE OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A  PLACE
 OF  WORSHIP  BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO DETRACT FROM
 THE PREDOMINANT CHARACTER OF THE BUILDING AS A PLACE  OF  WORSHIP,  SUCH
 USES WHICH INCLUDE, BUT WHICH ARE NOT LIMITED TO: THE CONDUCT OF LEGALLY
 AUTHORIZED  GAMES  OF  BINGO OR OTHER GAMES OF CHANCE HELD AS A MEANS OF
 RAISING  FUNDS  FOR  THE  NOT-FOR-PROFIT  RELIGIOUS  ORGANIZATION  WHICH
 CONDUCTS  SERVICES  AT  THE PLACE OF WORSHIP OR FOR OTHER NOT-FOR-PROFIT
 ORGANIZATIONS OR GROUPS; USE OF THE BUILDING FOR  FUND-RAISING  PERFORM-
 ANCES  BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION WHICH
 CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
 IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
 TIONS OR GROUPS FOR RELIGIOUS SERVICES OR OTHER PURPOSES; THE CONDUCT OF
 SOCIAL ACTIVITIES BY OR FOR THE BENEFIT OF THE CONGREGANTS; THE  USE  OF
 THE  BUILDING  FOR  MEETINGS  HELD  BY ORGANIZATIONS OR GROUPS PROVIDING
 BEREAVEMENT COUNSELING TO PERSONS HAVING SUFFERED THE LOSS  OF  A  LOVED
 ONE,  OR  PROVIDING ADVICE OR SUPPORT FOR CONDITIONS OR DISEASES INCLUD-
 ING, BUT NOT LIMITED TO, ALCOHOLISM, DRUG  ADDICTION,  CANCER,  CEREBRAL
 PALSY,  PARKINSON'S  DISEASE,  OR  ALZHEIMER'S  DISEASE;  THE USE OF THE
 BUILDING FOR BLOOD DRIVES, HEALTH SCREENINGS, HEALTH  INFORMATION  MEET-
 INGS,  YOGA  CLASSES,  EXERCISE  CLASSES OR OTHER ACTIVITIES INTENDED TO
 PROMOTE THE HEALTH OF THE CONGREGANTS OR OTHER PERSONS; AND USE  OF  THE
 BUILDING  BY  NON-CONGREGANT MEMBERS OF THE COMMUNITY FOR PRIVATE SOCIAL
 FUNCTIONS.  THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES  NOT  CEASE
 TO  BE  "EXCLUSIVELY"  OCCUPIED AS A PLACE OF WORSHIP WHERE THE NOT-FOR-
 PROFIT RELIGIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE
 A. 766                              3
 
 PAYMENT OF FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE  OF  THE
 BUILDING.
   (G)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
 SION, A LICENSE PURSUANT TO THIS SECTION FOR A PREMISES WHICH  SHALL  BE
 WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED AND
 OPERATING  PURSUANT TO THIS SECTION MAY BE ISSUED IF, AFTER CONSULTATION
 WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT  DETERMINES  THAT  GRANTING
 SUCH  LICENSE  WOULD  BE  IN THE PUBLIC INTEREST. BEFORE SUCH LICENSE IS
 ISSUED, A HEARING SHALL BE CONDUCTED, UPON NOTICE TO THE  APPLICANT  AND
 THE  MUNICIPALITY OR COMMUNITY BOARD, AND SHALL STATE ITS REASONS THERE-
 FOR. THE HEARING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND  NOTICE
 SHALL  BE GIVEN TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD
 OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED HEARING. BEFORE ANY SAID
 LICENSE IS ISSUED, IN ADDITION TO THE HEARING  REQUIRED  BY  THIS  PARA-
 GRAPH,  A PUBLIC MEETING REGARDING SAID LICENSE SHALL BE CONDUCTED, UPON
 NOTICE TO THE APPLICANT AND THE MUNICIPALITY  OR  COMMUNITY  BOARD.  THE
 PUBLIC  MEETING  MAY  BE RESCHEDULED, ADJOURNED OR CONTINUED, AND NOTICE
 SHALL BE GIVEN TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY  BOARD
 OF  ANY  SUCH RESCHEDULED, ADJOURNED OR CONTINUED PUBLIC MEETING. NOTICE
 TO THE MUNICIPALITY OR COMMUNITY BOARD SHALL MEAN WRITTEN NOTICE  MAILED
 TO SUCH MUNICIPALITY OR COMMUNITY BOARD AT LEAST FIFTEEN DAYS IN ADVANCE
 OF ANY HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH. ANY MUNICIPALITY OR
 COMMUNITY  BOARD MAY WAIVE THE FIFTEEN DAY NOTICE REQUIREMENT.  NO PREM-
 ISES HAVING BEEN GRANTED A LICENSE PURSUANT TO  THIS  SECTION  SHALL  BE
 DENIED A RENEWAL OF SUCH LICENSE UPON THE GROUNDS THAT SUCH PREMISES ARE
 WITHIN  FIVE  HUNDRED  FEET  OF A BUILDING OR BUILDINGS WHEREIN THREE OR
 MORE PREMISES ARE LICENSED AND OPERATING PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.