N.Y. Penal Law § 265.01-e: Criminal possession of a firearm, rifle or shotgun in a sensitive location

§ 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.