STATE OF NEW YORK
2019-2020 Regular Sessions
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 265.01-a of the penal law, as added by chapter 1 of
2 the laws of 2013, is amended to read as follows:
3 § 265.01-a[.] Criminal possession of a weapon on school grounds.
4 A person is guilty of criminal possession of a weapon on school
5 grounds when he or she knowingly has in his or her possession a rifle,
6 shotgun, or firearm in or upon a building or grounds, used for educa-
7 tional purposes, of any school, college, or university, except the
8 forestry lands, wherever located, owned and maintained by the State
9 University of New York college of environmental science and forestry, or
10 upon a school bus as defined in section one hundred forty-two of the
11 vehicle and traffic law, without the written authorization of such
12 educational institution; provided, however no school, as defined in
13 subdivision ten of section eleven hundred twenty-five of the education
14 law, shall issue such written authorization to any teacher, school
15 administrator, or other person employed at the school who is not prima-
16 rily employed as a school resource officer, police officer, peace offi-
17 cer, or security guard who has been issued a special armed guard regis-
18 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.
S. 101--A 2
1 law, regardless of whether the person is employed directly by such
2 school or by a third party.
3 Criminal possession of a weapon on school grounds is a class E felony.
4 § 2. This act shall take effect on the same date and in the same
5 manner as chapter 363 of the laws of 2018, takes effect.