S T A T E O F N E W Y O R K
________________________________________________________________________
1953
2025-2026 Regular Sessions
I N A S S E M B L Y
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL, SIMON, SEAWRIGHT, DE LOS SANTOS --
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 21 to read as follows:
21. 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.
LBD05252-01-5
A. 1953 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-FIVE.
(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, ALCOHOL USE DISORDER, DRUG ADDICTION, CANCER,
CEREBRAL PALSY, PARKINSON'S DISEASE, OR ALZHEIMER'S DISEASE; THE USE OF
THE BUILDING FOR BLOOD DRIVES, HEALTH SCREENINGS, HEALTH INFORMATION
MEETINGS, 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. 1953 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.