NY State Senate Bill 2023-S9299

Senate Bill S9299

2023-2024 Legislative Session

Exempts certain persons from the crime of criminal possession of a firearm, rifle or shotgun in a sensitive location

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2024	referred to codes

2023-S9299 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §265.01-e, Pen L

2023-S9299 (ACTIVE) - Summary

Exempts retired judges from the crime of criminal possession of a firearm, rifle or shotgun in a sensitive location.

2023-S9299 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9299

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to exempting certain persons
from the crime of criminal possession of a firearm, rifle or shotgun in
a sensitive location

 
PURPOSE:

Includes retired judges/justices of certain courts, who are duly
licensed to possess a pistol or revolver, within the waiver provision of
the law governing the prohibition of such items in a sensitive location.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 3 of section 265.01-e of the penal law,
governing the criminal possession of a firearm, rifle or shotgun in a
sensitive location, to exempt from such statute, persons who are retired
judges of the court of appeals, supreme court, court of claims, county
court, surrogate's court, family court, district court and judges of a

city outside the city of New York, who are duly licensed to possess a
pistol or revolver.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

The Concealed Carry Improvement Act of 2022 (see Chapter 371) rightly
provides exceptions to the concealed possession of a weapon in sensitive
locations for specified professionals, including justices of the supreme
court in the New York City and outer suburbs, as well as judges of the
NYC civil and criminal courts.

Retired judges and justices of the court of appeals, supreme, claims,
county, surrogate's, family, district and city courts are tasked with
the same responsibilities as those judges and justices already afforded
this exemption under current law. By including such retired judges and
justices within said exemption, this bill recognizes their corresponding
work, thereby establish parity within the law.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S9299 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9299
 
                             I N  S E N A T E
 
                               May 10, 2024
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to exempting certain  persons
   from  the  crime of criminal possession of a firearm, rifle or shotgun
   in a sensitive location
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (n) and (o) of subdivision 3 of section 265.01-e
 of the penal law, paragraph (n) as amended and paragraph (o) as added by
 section 1 of part F of chapter 55 of the laws of 2023, are amended and a
 new paragraph (p) is added to read as follows:
   (n)  persons while participating in military ceremonies, funerals, and
 honor guards; [or]
   (o) persons while lawfully engaging in learning, practicing,  training
 for,  competing  in,  or  travelling  into or within the state to learn,
 practice, train for, or compete in, the sport of biathlon, in accordance
 with all applicable local, state, and federal  laws,  rules,  and  regu-
 lations[.]; OR
   (P)  PERSONS  WHO ARE RETIRED JUDGES OF THE COURT OF APPEALS, JUSTICES
 OF THE SUPREME COURT, JUDGES OF  THE  COURT  OF  CLAIMS, JUDGES  OF  THE
 COUNTY  COURT,  JUDGES  OF  THE  SURROGATE'S COURT, JUDGES OF THE FAMILY
 COURT, JUDGES OF A COURT FOR THE  CITY  OF   NEW   YORK, JUDGES  OF  THE
 DISTRICT  COURT,  AND  JUDGES OF A CITY COURT OUTSIDE OF THE CITY OF NEW
 YORK, AND WHO ARE DULY LICENSED TO POSSESS A PISTOL OR REVOLVER PURSUANT
 TO SECTION 400.00 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15225-03-4

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