Legislation
SECTION 265.01-D
Criminal possession of a weapon in a restricted location
Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265
§ 265.01-d Criminal possession of a weapon in a restricted location.
1. A person is guilty of criminal possession of a weapon in a
restricted location when such person possesses a firearm, rifle, or
shotgun and enters into or remains on or in private property where such
person knows or reasonably should know that the owner or lessee of such
property has not permitted such possession by clear and conspicuous
signage indicating that the carrying of firearms, rifles, or shotguns on
their property is permitted or by otherwise giving express consent.
2. This section shall not apply to:
(a) police officers as defined in section 1.20 of the criminal
procedure law;
(b) persons who are designated peace officers as defined in section
2.10 of the criminal procedure law;
(c) qualified law enforcement officers who are authorized to carry
concealed firearms pursuant to 18 U.S.C. 926B, or qualified retired law
enforcement officers who are authorized to carry concealed firearms
pursuant to 18 U.S.C. 926C;
(d) security guards as defined by and registered under article seven-A
of the general business law who has been granted a special armed
registration card, while at the location of their employment and during
their work hours as such a security guard;
(e) active-duty military personnel;
(f) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties;
(g) persons while lawfully engaged in taking of wildlife or attempts
to take wildlife pursuant to a hunting permit or license issued by the
department of environmental conservation, or as otherwise authorized
pursuant to section 11-0707 and 11-0709 of the environmental
conservation law; or
(h) persons, while acting in the scope of their official duties, who
are employed in the revenue control and security departments of the
metropolitan transportation authority, or the New York city transit
authority or an affiliate or subsidiary thereof, who are authorized to
carry a firearm as part of their employment.
Criminal possession of a weapon in a restricted location is a class E
felony.
1. A person is guilty of criminal possession of a weapon in a
restricted location when such person possesses a firearm, rifle, or
shotgun and enters into or remains on or in private property where such
person knows or reasonably should know that the owner or lessee of such
property has not permitted such possession by clear and conspicuous
signage indicating that the carrying of firearms, rifles, or shotguns on
their property is permitted or by otherwise giving express consent.
2. This section shall not apply to:
(a) police officers as defined in section 1.20 of the criminal
procedure law;
(b) persons who are designated peace officers as defined in section
2.10 of the criminal procedure law;
(c) qualified law enforcement officers who are authorized to carry
concealed firearms pursuant to 18 U.S.C. 926B, or qualified retired law
enforcement officers who are authorized to carry concealed firearms
pursuant to 18 U.S.C. 926C;
(d) security guards as defined by and registered under article seven-A
of the general business law who has been granted a special armed
registration card, while at the location of their employment and during
their work hours as such a security guard;
(e) active-duty military personnel;
(f) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties;
(g) persons while lawfully engaged in taking of wildlife or attempts
to take wildlife pursuant to a hunting permit or license issued by the
department of environmental conservation, or as otherwise authorized
pursuant to section 11-0707 and 11-0709 of the environmental
conservation law; or
(h) persons, while acting in the scope of their official duties, who
are employed in the revenue control and security departments of the
metropolitan transportation authority, or the New York city transit
authority or an affiliate or subsidiary thereof, who are authorized to
carry a firearm as part of their employment.
Criminal possession of a weapon in a restricted location is a class E
felony.