Authorizes the possession of a firearm, shotgun or rifle in certain sport shooting and target practice facilities; provides that current restrictions on possession of a firearm, shotgun or rifle shall not include otherwise lawful possession for the purpose of participating in shooting sports, including practice and competition.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3205
SPONSOR: Gallahan TITLE OF BILL:
An act to amend the penal law, in relation to authorizing the possession
of a firearm, shotgun or rifle in certain sport shooting and target
practice facilities
PURPOSE OR GENERAL IDEA OF BILL::
This bill authorizes the possession of a firearm, shotgun or rifle in
certain sport shooting and target practice facilities.
SUMMARY OF SPECIFIC PROVISIONS::
Amends Section 1. Paragraphs (o) and (p) of subdivision 2 of section
265.01-e 2 of the penal law, as added by chapter 371 of the laws of
2022:(o) any establishment issued a license for (on-premise) on-premises
consumption pursuant to article four, four-A, five, or six of the alco-
holic beverage control law where alcohol is consumed and any establish-
ment licensed under article four of the cannabis law for (on-premise)
on-premises consumption, provided, however, that such establishment does
not have a primary purpose of facilitating sport shooting and target
practice activities; (p) any place used for the performance, art enter-
tainment, gaming, or sporting events such as theaters, stadiums, race-
tracks, museums, amusement parks, performance venues, concerts, exhib-
its, conference centers, banquet halls, and gaming facilities and video
lottery terminal facilities as licensed by the gaming commission,
provided, however, that nothing in this paragraph shall prohibit the
otherwise lawful possession of a firearm, rifle or shotgun in such a
location when possessed for the purpose of participating in shooting
sports, including practice and competition.
JUSTIFICATION::
As legislators, our primary duty is to protect citizens of all ages from
violence. It is our responsibility to ensure law and order exist.
Although we know that laws are meaningless to criminals, we must do
everything in our power to hold criminals accountable. We must stop
enacting policies that prioritize criminals over public safety-laws that
put criminals right back out on our streets. We must give law enforce-
ment the power and the tools to get more criminals and illegal guns off
our streets.
As legislators, we must work together to make sure our schools are
equipped for maximum safety and our children are protected.
We must ensure adequate resources exist for mental and behavioral health
access and treatment for our youth and families regardless of whether
they live in a city, suburb or rural community.
The firearm legislation passed in July 2022, (S.51001/A.41001), is
unlikely to stop criminals or curtail the surge in violent crimes.
Rather than strengthening penalties for violent criminals using illegal
firearms, S.51001/A.41001 unfairly targets law abiding citizens.
Among other concerns, the overbroad and vague language included in
S.51001/A.41001 could expose those participating in competitive shooting
sports, including trap-shooting or clay target contests, at sportsmen's
clubs, schools, scouting camps, and other sporting venues, to criminal
liability. S.51001/A.41001 unfairly and without justification puts these
highly successful programs at risk. The intent of this proposed legis-
lation is to correct this situation and allow these activities to
continue in the same safe manner that existed prior to the passage of
S.51001/A.41001.
Under S.51001/A.41001, it appears an individual may not possess any type
of firearm, rifle, or shotgun (exception for police, retired police,
active military and a few others) in "sensitive locations". According
to the law, these "sensitive locations" include churches, parks, any
place for the performance of art, entertainment, gaming, or "sporting
events" or any establishment that holds a liquor license. There is no
exception in the law for venues dedicated to shooting sports, including
100% school approved programs for skeet, trap or clay shooting, or
establishments with liquor licenses, like Sportsmen's Clubs, that are
dedicated to promoting and participating in shooting sports.
Several sportsmen's clubs across New York State, and primarily in
upstate, also have trap shooting contests and target practice for
members at the Sportsmen's Clubs, which under the current wording, could
be illegal. This could also make it illegal for the high school compet-
itors and others who compete at these Sportsmen's Clubs to possess any
gun, including the shotguns that are used in clay target shooting
sports.
According to the New York State High School. Clay Target League, this
potential criminal liability for students, coaches and parents will
effectively end youth shooting sport leagues, depriving young adults of
the opportunity to participate in these educational and enriching activ-
ities. This proposed bill will amend the law to protect the ability of
school athletes across the state to participate in school-based clay
target/trap shooting sports. It would make necessary changes to the law
to allow Sportsmen's Clubs that have liquor licenses to continue to
operate as they have historically and allow the possession of a firearm,
rifle or shotgun for the purpose of participating in a shooting sports
event, including practice and competition for sporting events. These
amendments would ensure that these important programs will continue to
exist. According to the New York State High School Clay Target League,
in the spring of 2022, over 2,100 student-athletes participated on 114
high school teams in the New York State High School Clay Target League -
a member of the USA Clay Target League. The League's clay target program
is thought to be the fastest-growing high school sport in New York.
Participants begin with a mandatory and rigorous in-person and on-line
safety-training program. The student-athletes, under proper supervision,
learn how to safely handle firearms and ammunition. Student-athletes
wear the required personal protection and are monitored by their coach-
es, a range safety officer and club members who are also highly trained.
The equipment that the students use on the range is kept in a locked
safe. According to the New York State High School Clay Target League, in
the United States, with more than 150,000 participating student athletes
and more than 100 million shots fired at targets, the USA Clay Target
League has never had a reported injury.
Additionally, per the New York State High School Clay Target League,
Trap/Clay Shooting teams tend to be more inclusive and adaptive than
other school-sanctioned sports. For instance, shooting teams are a co-ed
and adaptive (disabilities) sport where all participants are on the same
team and participate by the same rules. Unlike many other sports, size,
speed and strength do not potentially exclude student-athletes from
being a team member. A student-athlete can be any size and any height in
this sport.
One of the added benefits has also been the interaction between the
student-athletes and the sportsmen's clubs. Their shared interest in
trap shooting has brought together two groups - adolescents and older
adults - that seldom interact outside of family. In many instances, the
sportsmen's clubs donate the use of their range, assist with the
purchase of the targets and volunteer time to assist with the program.
Additionally, many of these high-school student-athletes are awarded
college scholarships to further their education.
In 2018, Lake Placid was selected to host World University Games. New
York State has made significant investments as the host of these games.
With the passage of S.51001, it is uncertain whether the biathlon events
for these World University Games will be allowed to continue.
In order to avoid the interruption of these highly successful and safe
programs, this legislation must be passed immediately. Passing this bill
will ensure that students can continue to enjoy the educational and
personal benefits of competing in the trap/clay shooting league.
PRIOR LEGISLATIVE HISTORY::
2021-22: A.10701
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3205
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. GALLAHAN, ANGELINO, BARCLAY, BYRNES, DeSTEFANO,
J. M. GIGLIO, GOODELL, HAWLEY, LEMONDES, MANKTELOW, McDONOUGH, MILLER,
MORINELLO, PALMESANO, SIMPSON, SMULLEN, WALSH, E. BROWN, RA -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to authorizing the possession
of a firearm, shotgun or rifle in certain sport shooting and target
practice facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (o) and (p) of subdivision 2 of section 265.01-e
2 of the penal law, as added by chapter 371 of the laws of 2022, are
3 amended to read as follows:
4 (o) any establishment issued a license for [on-premise] on-premises
5 consumption pursuant to article four, four-A, five, or six of the alco-
6 holic beverage control law where alcohol is consumed and any establish-
7 ment licensed under article four of the cannabis law for [on-premise]
8 on-premises consumption, provided, however, that such establishment does
9 not have a primary purpose of facilitating sport shooting and target
10 practice activities;
11 (p) any place used for the performance, art entertainment, gaming, or
12 sporting events such as theaters, stadiums, racetracks, museums, amuse-
13 ment parks, performance venues, concerts, exhibits, conference centers,
14 banquet halls, and gaming facilities and video lottery terminal facili-
15 ties as licensed by the gaming commission, provided, however, that noth-
16 ing in this paragraph shall prohibit the otherwise lawful possession of
17 a firearm, rifle or shotgun in such a location when possessed for the
18 purpose of participating in shooting sports, including practice and
19 competition;
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04978-01-3
