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This entry was published on 2023-05-12
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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, except for those persons responsible for
security at such place of worship;

(d) libraries, public playgrounds, public parks, and zoos, provided
that for the purposes of this section a "public park" shall not include
(i) any privately held land within a public park not dedicated to public
use or (ii) the forest preserve as defined in subdivision six of section
9-0101 of the environmental conservation law;

(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; provided that for
the purposes of this section, nothing shall prohibit the activity
permitted under subdivisions seven-c, seven-d, and seven-e of section
265.20 of this article where such activity occurs at a summer camp in
accordance with all applicable local, state, and federal laws, rules,
and regulations;

(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 holding an active 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) 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;

(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 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 the environmental conservation law, and persons while
lawfully engaged in hunter education training, marksmanship practice,
marksmanship competition or training, or training in the safe handling
and use of firearms, in accordance with all applicable local, state, and
federal laws, rules, and regulations;

(j) persons operating a program in a sensitive location out of their
residence, 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;

(k) 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;

(l) persons while lawfully engaged in historical reenactments,
educational programming involving historical weapons of warfare, or
motion picture or theatrical productions, in accordance with all
applicable local, state, and federal laws, rules and regulations;

(m) persons, while acting within the scope of their official duties,
who are responsible for the storage or display of antique firearms,
rifles or shotguns at museums and historic sites;

(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
regulations.

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