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This entry was published on 2022-09-02
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SECTION 265.01-E
Criminal possession of a firearm, rifle or shotgun in a sensitive location
Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265
§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a

sensitive location.

1. A person is guilty of criminal possession of a firearm, rifle or
shotgun in a sensitive location when such person possesses a firearm,
rifle or shotgun in or upon a sensitive location, and such person knows
or reasonably should know such location is a sensitive location.

2. For the purposes of this section, a sensitive location shall mean:

(a) any place owned or under the control of federal, state or local
government, for the purpose of government administration, including
courts;

(b) any location providing health, behavioral health, or chemical
dependance care or services;

(c) any place of worship or religious observation;

(d) libraries, public playgrounds, public parks, and zoos;

(e) the location of any program licensed, regulated, certified,
funded, or approved by the office of children and family services that
provides services to children, youth, or young adults, any legally
exempt childcare provider; a childcare program for which a permit to
operate such program has been issued by the department of health and
mental hygiene pursuant to the health code of the city of New York;

(f) nursery schools, preschools, and summer camps;

(g) the location of any program licensed, regulated, certified,
operated, or funded by the office for people with developmental
disabilities;

(h) the location of any program licensed, regulated, certified,
operated, or funded by office of addiction services and supports;

(i) the location of any program licensed, regulated, certified,
operated, or funded by the office of mental health;

(j) the location of any program licensed, regulated, certified,
operated, or funded by the office of temporary and disability
assistance;

(k) homeless shelters, runaway homeless youth shelters, family
shelters, shelters for adults, domestic violence shelters, and emergency
shelters, and residential programs for victims of domestic violence;

(l) residential settings licensed, certified, regulated, funded, or
operated by the department of health;

(m) in or upon any building or grounds, owned or leased, of any
educational institutions, colleges and universities, licensed private
career schools, school districts, public schools, private schools
licensed under article one hundred one of the education law, charter
schools, non-public schools, board of cooperative educational services,
special act schools, preschool special education programs, private
residential or non-residential schools for the education of students
with disabilities, and any state-operated or state-supported schools;

(n) any place, conveyance, or vehicle used for public transportation
or public transit, subway cars, train cars, buses, ferries, railroad,
omnibus, marine or aviation transportation; or any facility used for or
in connection with service in the transportation of passengers,
airports, train stations, subway and rail stations, and bus terminals;

(o) any establishment issued a license for on-premise consumption
pursuant to article four, four-A, five, or six of the alcoholic beverage
control law where alcohol is consumed and any establishment licensed
under article four of the cannabis law for on-premise consumption;

(p) any place used for the performance, art entertainment, gaming, or
sporting events such as theaters, stadiums, racetracks, museums,
amusement parks, performance venues, concerts, exhibits, conference
centers, banquet halls, and gaming facilities and video lottery terminal
facilities as licensed by the gaming commission;

(q) any location being used as a polling place;

(r) any public sidewalk or other public area restricted from general
public access for a limited time or special event that has been issued a
permit for such time or event by a governmental entity, or subject to
specific, heightened law enforcement protection, or has otherwise had
such access restricted by a governmental entity, provided such location
is identified as such by clear and conspicuous signage;

(s) any gathering of individuals to collectively express their
constitutional rights to protest or assemble;

(t) the area commonly known as Times Square, as such area is
determined and identified by the city of New York; provided such area
shall be clearly and conspicuously identified with signage.

3. This section shall not apply to:

(a) consistent with federal law, law enforcement who qualify to carry
under the federal law enforcement officers safety act, 18 U.S.C. 926C;

(b) persons who are police officers as defined in subdivision
thirty-four of section 1.20 of the criminal procedure law;

(c) persons who are designated peace officers by section 2.10 of the
criminal procedure law;

(d) persons who were employed as police officers as defined in
subdivision thirty-four of section 1.20 of the criminal procedure law
but are retired;

(e) security guards as defined by and registered under article seven-A
of the general business law, who have been granted a special armed
registration card, while at the location of their employment and during
their work hours as such a security guard;

(f) active-duty military personnel;

(g) 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;

(h) a government employee under the express written consent of such
employee's supervising government entity for the purposes of natural
resource protection and management;

(i) persons lawfully engaged in hunting activity, including hunter
education training; or

(j) persons operating a program in a sensitive location out of their
residence, as defined by this section, which is licensed, certified,
authorized, or funded by the state or a municipality, so long as such
possession is in compliance with any rules or regulations applicable to
the operation of such program and use or storage of firearms.

Criminal possession of a firearm, rifle or shotgun in a sensitive
location is a class E felony.