Permits retired or off-duty law enforcement officers to possess a firearm on school grounds, and to permit such officers to carry more than seven rounds of ammunition.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4797A
SPONSOR: Rabbitt TITLE OF BILL: An act to amend the penal law, in relation to permit-
ting active duty, off duty or retired law enforcement officers to
possess a firearm on school grounds, and to permit such officers to
carry more than seven rounds of ammunition
PURPOSE OR GENERAL IDEA OF BILL: Permits active, off duty, or retired
law enforcement officers to possess a firearm on school grounds, and to
permit such officers to carry more than seven rounds of ammunition.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Subdivision a of section
265.20 of the penal law is amended by adding a new paragraph 11-a to
allow active, off duty, or retired police officers to possess a large
capacity ammunition feeding device that contains more than seven rounds
of ammunition.
Section 2. Section 265.01 -a of the penal law is amended to add, unless
such person is an active duty, off duty, or retired law enforcement
officer.
Section 3. Subdivision 8 of section 265.02 of the penal law is amended
to add, except if he or she is an active duty, off duty, or retired law
enforcement officer.
JUSTIFICATION: This bill will allow active, off duty, or retired law
enforcement officers to carry a firearm upon NYS educational grounds.
Also this bill will allow active, off duty, or retired law enforcement
officers to carry gun magazines of greater then seven rounds ammunition.
Currently, Federal law prohibits anyone from carrying a firearm within
1000 feet of any school ground. However, the states are able to modify
this federal law as other states have done. The SAFE Act no longer
authorizes officers to carry gun magazines of greater than seven rounds.
The belief is that there would be well trained active, off duty, and
retired law enforcement officers to protect the public should a crime
occur in their presence. In addition, the NYC Police Department has on
occasion recalled retired Police Officers in the event of an emergency.
It only makes sense that these men and woman that volunteer their
services not be restricted to the seven round magazine capacity. Those
in the law enforcement community are known to take police type action
whether active, off duty or retired. They should be afforded the same
tools of the trade so to speak (not be restricted to seven round maga-
zines) should they step forward and take action to protect lives.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE RATE: This bill shall take effect immediately; provided
however, that the amendments to section 265.20 of the penal law made by
section one of this act shall take effect on the same date and in the
same manner as paragraphs (b) and (c) of subdivision 23 of section
265.00 of the penal law, as amended by section 38 of chapter 1 of the
laws of 2013, take effect; and further provided, however, that the
amendments to section 265.01-a of the penal law made by section two of
this act shall take effect on the same date and in the same manner as
section 41 of chapter 1 of the laws of 2013, takes effect; and further
provided, however, that the amendments to section 265.02 of the penal
law made by section three of this act shall take effect on the same date
and in the same manner as section 41-b of chapter 1 of the laws of 2013,
takes effect.
