Feb. 2nd Community Update from Senator Shelley Mayer

february 2nd community update

Dear Friend:

As I mentioned last week, the legislature continues to deliver on promises made by passing legislation that had stalled for far too long.

On Monday, January 28th, I was proud to vote for the Child Victims Act. S.2440 extends the criminal statute of limitations for child sexual abuse crimes and clears a path for survivors to pursue a civil remedy. I commend the many survivors who spoke publicly about their abuse for their tremendous courage. They had to wait too long for this day, but the bill finally passed both chambers of the legislature. Read more about the Child Victims Act in the section below.

On Tuesday, January 29th, the State Senate and Assembly passed laws that build on the path-breaking SAFE Act to protect our families from the scourge of gun violence. I am especially proud of a bill I sponsored, S.2449, which establishes uniform statewide practices for gun buyback programs and creates a fund to assist municipalities with the cost of the program. Read more about each of the bills in the section below.

On Friday, February 8th, I am pleased to co-host a NYS Budget Forum with the Westchester State Senate Delegation at the Greenburgh Public Library from 3:00 - 5:00 PM. Thank you to the more than 100 people who have already signed-up to attend. RSVP is requested but not required. Click here to RSVP.

As always, if we can help you with an issue, please do not hesitate to reach out to my office at 914-934-5250 or smayer@nysenate.gov.

Warm regards,

Shelley B. Mayer

Click here to read the full e-newsletter.

senate Bill S2449

Signed By Governor
2019-2020 Legislative Session

Establishes the municipal gun buyback program and municipal gun buyback program fund

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

what's your position?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2019 signed chap.139
Jul 30, 2019 delivered to governor
Jan 29, 2019 returned to senate
passed assembly
ordered to third reading rules cal.22
substituted for a2685
referred to ways and means
delivered to assembly
passed senate
Jan 28, 2019 ordered to third reading cal.93
reported and committed to rules
Jan 24, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

S2449 (ACTIVE) - Details

See Assembly Version of this Bill:
A2685
Law Section:
Executive Law
Laws Affected:
Add §233, Exec L; add §97-cc, St Fin L

S2449 (ACTIVE) - Summary

Establishes the municipal gun buyback program by the division of state police for the voluntary return of guns; establishes the municipal gun buyback program fund to fund the program.

S2449 (ACTIVE) - Sponsor Memo

S2449 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2449                                                  A. 2685

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 24, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sens.  MAYER,  STEWART-COUSINS, ADDABBO,
  BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
  GIANARIS, GOUNARDES, HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,
  KAVANAGH,  KRUEGER,  LIU,  MONTGOMERY,  MYRIE, PARKER, PERSAUD, RAMOS,
  SALAZAR, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes

IN  ASSEMBLY  --  Introduced  by M. of A. L. ROSENTHAL, HEASTIE, LENTOL,
  PEOPLES-STOKES, GOTTFRIED, ABINANTI, JAFFEE,  WEPRIN,  CRUZ,  FRONTUS,
  GRIFFIN,  JACOBSON, PICHARDO, REYES, SAYEGH, STECK, STERN -- read once
  and referred to the Committee on Codes

AN ACT to amend the executive  law,  in  relation  to  establishing  the
  municipal  gun buyback program; and to amend the state finance law, in
  relation to the municipal gun buyback program fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 233 to
read as follows:
  §  233.  MUNICIPAL GUN BUYBACK PROGRAM. 1. THERE IS HEREBY ESTABLISHED
WITHIN THE DIVISION OF THE STATE POLICE A MUNICIPAL GUN BUYBACK PROGRAM.
AGENCIES APPROVED BY  THE  SUPERINTENDENT  MAY  PARTICIPATE  SUBJECT  TO
AVAILABLE  APPROPRIATIONS  AND  FUNDS  IN THE MUNICIPAL GUN BUYBACK FUND
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-CC  OF  THE  STATE  FINANCE
LAW.
  2.  THE  DIVISION  OF  STATE POLICE SHALL ADMINISTER THE MUNICIPAL GUN
BUYBACK PROGRAM AND PROMULGATE RULES AND REGULATIONS THE  SUPERINTENDENT
DEEMS NECESSARY FOR THE IMPLEMENTATION OF SUCH PROGRAM. SUCH RULES SHALL
INCLUDE, BUT NOT BE LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
SA                                                         LBD08822-02-9

Related Recent Legislation

senate Bill S2451

Signed By Governor
2019-2020 Legislative Session

Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

what's your position?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 25, 2019 signed chap.19
Feb 22, 2019 delivered to governor
Jan 29, 2019 returned to senate
passed assembly
ordered to third reading rules cal.24
substituted for a2689
referred to codes
delivered to assembly
passed senate
Jan 28, 2019 ordered to third reading cal.95
reported and committed to rules
Jan 24, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

S2451 (ACTIVE) - Details

See Assembly Version of this Bill:
A2689
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §265.45, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A11148

S2451 (ACTIVE) - Summary

Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun.

S2451 (ACTIVE) - Sponsor Memo

S2451 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2451                                                  A. 2689

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 24, 2019
                               ___________

IN  SENATE  --  Introduced by Sens. KAVANAGH, ADDABBO, BAILEY, BENJAMIN,
  BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
  GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KRUEGER, LIU,
  MARTINEZ,  MAYER,  MONTGOMERY,  MYRIE, PARKER, PERSAUD, RAMOS, RIVERA,
  SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY,  STEWART-COUS-
  INS,  THOMAS -- read twice and ordered printed, and when printed to be
  committed to the Committee on Judiciary

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  SIMON,  LENTOL,   HEASTIE,
  PEOPLES-STOKES,  ORTIZ,  DICKENS,  PICHARDO, GOTTFRIED, MOSLEY, GALEF,
  GLICK,  JOYNER,  L. ROSENTHAL,  O'DONNELL,  FAHY,  SEAWRIGHT,  D'URSO,
  ENGLEBRIGHT,  QUART,  CARROLL, PAULIN, MAGNARELLI, HUNTER, DE LA ROSA,
  TAYLOR, ABINANTI, LAVINE,  RIVERA,  BARRON,  VANEL,  ZEBROWSKI,  NIOU,
  STECK,  DINOWITZ,  SIMOTAS, BLAKE, JAFFEE, ROZIC, AUBRY, WRIGHT, OTIS,
  WEPRIN, DAVILA, BICHOTTE, ARROYO, BUCHWALD, BURKE, GRIFFIN,  JACOBSON,
  McMAHON,  STERN,  BRONSON, CRUZ, REYES, SAYEGH, FRONTUS -- Multi-Spon-
  sored by -- M. of A. EPSTEIN, THIELE -- read once and referred to  the
  Committee on Codes

AN  ACT  to amend the civil practice law and rules and the penal law, in
  relation to establishing extreme risk protection orders  as  court-is-
  sued  orders  of  protection  prohibiting  a  person  from purchasing,
  possessing or attempting to purchase or possess a  firearm,  rifle  or
  shotgun

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil practice law and rules is amended by adding a new
article 63-A to read as follows:
                              ARTICLE 63-A
                     EXTREME RISK PROTECTION ORDERS
SECTION 6340. DEFINITIONS.
        6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Related Recent Legislation

senate Bill S2374

Signed By Governor
2019-2020 Legislative Session

Establishes an extension of time of up to thirty calendar days for national instant background checks

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

what's your position?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 29, 2019 signed chap.129
delivered to governor
Jan 29, 2019 returned to senate
passed assembly
ordered to third reading rules cal.25
substituted for a2690
referred to codes
delivered to assembly
passed senate
Jan 28, 2019 ordered to third reading cal.89
reported and committed to rules
Jan 24, 2019 referred to codes

Co-Sponsors

S2374 (ACTIVE) - Details

See Assembly Version of this Bill:
A2690
Law Section:
Penal Law
Laws Affected:
Amd §400.00, add §400.20, Pen L; amd §§897 & 898, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7596, A9433
2017-2018: S1414, A2406

S2374 (ACTIVE) - Summary

Establishes a waiting period before a firearm, shotgun or rifle may be delivered to a person; requires either the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the licensee, or thirty calendar days have elapsed since the date the licensee, seller, transferor or dealer contacted NICS to initiate a national instant criminal background check and NICS has not notified the licensee, seller, transferor or dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.

S2374 (ACTIVE) - Sponsor Memo

S2374 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2374

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the general business law, in  relation
  to establishing an extension of time of up to thirty calendar days for
  national instant background checks

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 12 of section  400.00  of  the  penal  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  12.  Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
approved  as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date,  name,  age,  occupation
and residence of any person from whom a firearm is received or to whom a
firearm  is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or  iden-
tification  mark  on  such  firearm.  Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the  same,  or  proof  of  lawful
authority as an exempt person pursuant to section 265.20 OF THIS CHAPTER
AND  EITHER  (A)  THE  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
OR (B) THIRTY CALENDAR DAYS HAVE ELAPSED SINCE  THE  DATE  THE  LICENSEE
CONTACTED  NICS TO INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
AND NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE  FIREARM
TO  SUCH  PERSON  SHOULD  BE  DENIED.   In addition, before delivering a
firearm to a peace officer, the  licensee  shall  verify  that  person's
status  as  a  peace  officer  with  the division of state police. After
completing the foregoing, the  licensee  shall  remove  and  retain  the
attached  coupon  and enter in the record book the date of such license,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Related Recent Legislation

senate Bill S2448

Signed By Governor
2019-2020 Legislative Session

Prohibits the possession, manufacture, transport and disposition of rapid-fire modification devices

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

what's your position?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 29, 2019 signed chap.130
delivered to governor
Jan 29, 2019 returned to senate
passed assembly
ordered to third reading rules cal.21
substituted for a2684
referred to codes
delivered to assembly
passed senate
Jan 28, 2019 ordered to third reading cal.92
reported and committed to rules
Jan 24, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

S2448 (ACTIVE) - Details

See Assembly Version of this Bill:
A2684
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.10 & 265.20, add §265.01-c, Pen L

S2448 (ACTIVE) - Summary

Prohibits the possession, manufacture, transport and disposition of rapid-fire modification devices.

S2448 (ACTIVE) - Sponsor Memo

S2448 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2448                                                  A. 2684

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 24, 2019
                               ___________

IN  SENATE  -- Introduced by Sens. SEPULVEDA, ADDABBO, BAILEY, BENJAMIN,
  BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
  GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY, KAPLAN, KAVANAGH,
  KENNEDY, KRUEGER, LIU, MAY, MAYER, MONTGOMERY, MYRIE, PARKER, PERSAUD,
  RAMOS, SALAZAR, SANDERS, SAVINO, SERRANO, SKOUFIS, STAVISKY,  STEWART-
  COUSINS, THOMAS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Codes

IN   ASSEMBLY   --  Introduced  by  M.  of  A.  FAHY,  HEASTIE,  LENTOL,
  PEOPLES-STOKES, SIMOTAS, STECK, MOSLEY, McDONALD,  GOTTFRIED,  ABBATE,
  ORTIZ,  NIOU,  ZEBROWSKI,  SOLAGES,  BUCHWALD, LUPARDO, THIELE, SIMON,
  ENGLEBRIGHT, D'URSO, QUART, GALEF, GLICK, DINOWITZ, COLTON,  L. ROSEN-
  THAL,  JAFFEE, WEPRIN, ABINANTI, BRAUNSTEIN, SEAWRIGHT, LAVINE, PERRY,
  PAULIN,  RAMOS,  ARROYO,   PICHARDO,   VANEL,   DE LA ROSA,   HYNDMAN,
  O'DONNELL,  TAYLOR, BLAKE, BICHOTTE, OTIS, BURKE, CRUZ, FRONTUS, GRIF-
  FIN, JACOBSON, McMAHON, REYES, SAYEGH,  STERN,  BUTTENSCHON,  EPSTEIN,
  D. ROSENTHAL  --  Multi-Sponsored by -- M. of A.  HEVESI, JEAN-PIERRE,
  LIFTON -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law,  in  relation  to  prohibiting  the
  possession,  manufacture,  transport  and  disposition  of  rapid-fire
  modification devices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 265.00 of the penal law is amended by adding five
new subdivisions 26, 27, 28, 29, and 30 to read as follows:
  26. "RAPID-FIRE MODIFICATION DEVICE" MEANS  ANY  BUMP  STOCK,  TRIGGER
CRANK,  BINARY TRIGGER SYSTEM, BURST TRIGGER SYSTEM, OR ANY OTHER DEVICE
THAT IS DESIGNED TO ACCELERATE THE RATE  OF  FIRE  OF  A  SEMI-AUTOMATIC
FIREARM, RIFLE OR SHOTGUN.
  27.  "BUMP  STOCK"  MEANS  ANY DEVICE OR INSTRUMENT THAT INCREASES THE
RATE OF FIRE ACHIEVABLE WITH A SEMI-AUTOMATIC FIREARM, RIFLE OR  SHOTGUN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Related Recent Legislation

senate Bill S101A

Signed By Governor
2019-2020 Legislative Session

Limits educational institutions ability to authorize the possession of a weapon on school grounds

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

what's your position?

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2019 signed chap.138
Jul 30, 2019 delivered to governor
Jan 29, 2019 returned to senate
passed assembly
ordered to third reading rules cal.18
substituted for a1715a
referred to codes
delivered to assembly
passed senate
Jan 28, 2019 ordered to third reading cal.81
reported and committed to rules
Jan 24, 2019 print number 101a
Jan 24, 2019 amend and recommit to codes
Jan 09, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

S101 - Details

See Assembly Version of this Bill:
A1715
Law Section:
Penal Law
Laws Affected:
Amd §265.01-a, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S7874

S101 - Summary

Limits an educational institution's ability to authorize the possession of a weapon on school grounds to certain officers or agents of a law enforcement agency.

S101 - Sponsor Memo

S101 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   101

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens. KAMINSKY, BROOKS, HOYLMAN, MAYER -- 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 limiting educational
  institutions ability to authorize the possession of a weapon on school
  grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 265.01-a[.] Criminal possession of a weapon on school grounds.
  A  person  is  guilty  of  criminal  possession  of a weapon on school
grounds when he or she knowingly has in his or her possession  a  rifle,
shotgun,  or  firearm  in or upon a building or grounds, used for educa-
tional purposes, of any  school,  college,  or  university,  except  the
forestry  lands,  wherever  located,  owned  and maintained by the State
University of New York college of environmental science and forestry, or
upon a school bus as defined in section one  hundred  forty-two  of  the
vehicle  and  traffic  law,  without  the  written authorization of such
educational institution.  NO EDUCATIONAL INSTITUTION  SHALL  ISSUE  SUCH
WRITTEN AUTHORIZATION TO ANY TEACHER, PROFESSOR, ADMINISTRATOR, OR OTHER
PERSON  WHO  IS NOT PRIMARILY EMPLOYED AS A SCHOOL RESOURCE OFFICER, LAW
ENFORCEMENT OFFICER, OR SECURITY GUARD AS DEFINED IN SUBDIVISION SIX  OF
SECTION  EIGHTY-NINE-F  OF  THE  GENERAL BUSINESS LAW, REGARDLESS OF THE
PERSON'S EMPLOYMENT DIRECTLY BY THE  EDUCATIONAL  INSTITUTION  OR  BY  A
THIRD PARTY THAT PROVIDES SCHOOL RESOURCE OFFICERS OR LAW ENFORCEMENT OR
SECURITY SERVICES TO THE EDUCATIONAL INSTITUTION.
  Criminal possession of a weapon on school grounds is a class E felony.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S101A (ACTIVE) - Details

See Assembly Version of this Bill:
A1715
Law Section:
Penal Law
Laws Affected:
Amd §265.01-a, Pen L
Versions Introduced in 2017-2018 Legislative Session:
S7874

S101A (ACTIVE) - Summary

Limits an educational institution's ability to authorize the possession of a weapon on school grounds to certain officers or agents of a law enforcement agency.

S101A (ACTIVE) - Sponsor Memo

S101A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 101--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sens.  KAMINSKY,  ADDABBO,  BRESLIN,  BROOKS,  GAUGHRAN,
  GOUNARDES, HOYLMAN, KAVANAGH, KRUEGER, MAY, MAYER,  METZGER,  MONTGOM-
  ERY, RAMOS, SERRANO, STAVISKY, THOMAS -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law, in relation to limiting educational
  institutions ability to authorize the possession of a weapon on school
  grounds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
§ 265.01-a[.] Criminal possession of a weapon on school grounds.
  A  person  is  guilty  of  criminal  possession  of a weapon on school
grounds when he or she knowingly has in his or her possession  a  rifle,
shotgun,  or  firearm  in or upon a building or grounds, used for educa-
tional purposes, of any  school,  college,  or  university,  except  the
forestry  lands,  wherever  located,  owned  and maintained by the State
University of New York college of environmental science and forestry, or
upon a school bus as defined in section one  hundred  forty-two  of  the
vehicle  and  traffic  law,  without  the  written authorization of such
educational institution; PROVIDED, HOWEVER  NO  SCHOOL,  AS  DEFINED  IN
SUBDIVISION  TEN  OF SECTION ELEVEN HUNDRED TWENTY-FIVE OF THE EDUCATION
LAW, SHALL ISSUE SUCH  WRITTEN  AUTHORIZATION  TO  ANY  TEACHER,  SCHOOL
ADMINISTRATOR,  OR OTHER PERSON EMPLOYED AT THE SCHOOL WHO IS NOT PRIMA-
RILY EMPLOYED AS A SCHOOL RESOURCE OFFICER, POLICE OFFICER, PEACE  OFFI-
CER,  OR SECURITY GUARD WHO HAS BEEN ISSUED A SPECIAL ARMED GUARD REGIS-
TRATION CARD AS DEFINED IN SECTION EIGHTY-NINE-F OF THE GENERAL BUSINESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Related Recent Legislation

senate Bill S2438

Signed By Governor
2019-2020 Legislative Session

Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms license

download bill text pdf

Sponsored By

Current Bill Status Via A1213 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Your Voice

what's your position?

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 03, 2019 signed chap.242
delivered to governor
Jan 29, 2019 returned to assembly
passed senate
3rd reading cal.90
substituted for s2438
Jan 29, 2019 substituted by a1213
Jan 28, 2019 ordered to third reading cal.90
reported and committed to rules
Jan 24, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

S2438 (ACTIVE) - Details

See Assembly Version of this Bill:
A1213
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7463
2017-2018: S7605, A9978

S2438 (ACTIVE) - Summary

Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms licenses.

S2438 (ACTIVE) - Sponsor Memo

S2438 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2438

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced by Sens. KAPLAN, KAVANAGH, ADDABBO, BAILEY, BENJAMIN, BIAGGI,
  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,  GAUGHRAN,  GIANARIS, GOUNARDES,
  HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KRUEGER, LIU, MAYER, MONTGOMERY,
  MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR,  SAVINO,  SEPULVEDA,  SERRANO,
  STAVISKY,  STEWART-COUSINS,  THOMAS -- 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 access  to  foreign  state
  records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  4.  Investigation.  Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such  applica-
tion is made, including but not limited to such records as may be acces-
sible  to  the  division of state police or division of criminal justice
services pursuant to section 400.02 of this article. For  that  purpose,
the  records  of  the  appropriate  office  of  the department of mental
hygiene concerning previous or present mental illness of  the  applicant
shall  be  available  for inspection by the investigating officer of the
police authority. WHERE THE APPLICANT IS DOMICILED IN A  FOREIGN  STATE,
THE INVESTIGATION SHALL INCLUDE INQUIRY OF THE FOREIGN STATE FOR RECORDS
CONCERNING THE PREVIOUS OR PRESENT MENTAL ILLNESS OF THE APPLICANT, AND,
TO THE EXTENT NECESSARY FOR INSPECTION BY THE INVESTIGATING OFFICER, THE
APPLICANT  SHALL  EXECUTE  A WAIVER OF CONFIDENTIALITY OF SUCH RECORD IN
SUCH FORM AS MAY BE REQUIRED BY THE FOREIGN STATE. In order to ascertain
any previous criminal record, the investigating officer shall  take  the
fingerprints  and  physical  descriptive  data  in quadruplicate of each
individual by whom the application is signed and verified. Two copies of
such fingerprints shall be taken on  standard  fingerprint  cards  eight

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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