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STATE OF NEW YORK
________________________________________________________________________

4619--A

2011-2012 Regular Sessions

IN ASSEMBLY

February 4, 2011
___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL, PAULIN, JAFFEE, O'DONNELL,
  HOOPER, N. RIVERA, ROSENTHAL -- Multi-Sponsored by -- M. of A.  GLICK,
  MARKEY, McENENY -- read once and referred to the Committee on Tourism,
  Parks,  Arts and Sports Development -- recommitted to the Committee on
  Tourism, Parks, Arts and Sports Development in accordance with  Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  prohibiting  the  possession  of  concealed  firearms in
  national parks and national wildlife refuge systems

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

  Section 1. Legislative findings. The legislature hereby finds that the
national  parks  and  national  wildlife refuge systems in the state are
attractive places for citizens of all ages to safely enjoy the  benefits
of healthy and safe outdoor activity. The legislature further finds that
the  presence of concealed firearms in national parks and national wild-
life refuge systems represents an  unnecessary  threat,  whether  inten-
tional or unintentional, to the health and safety of citizens invited to
enjoy  these  public  recreational opportunities as well as the wildlife
preserved within such recreation areas. Therefore, it is the purpose  of
the  legislature to protect the health, safety and welfare of the public
and prohibit the possession of a concealed firearm in all national parks
and national wildlife refuge systems, except as specifically provided by
law.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.32 to read as follows:
  S 13.32 PROHIBITION  OF  CONCEALED  FIREARMS  IN  NATIONAL  PARKS  AND
NATIONAL WILDLIFE REFUGE SYSTEMS.  1. EXCEPT AS PROVIDED IN THIS SECTION
AND  OTHERWISE  SPECIFICALLY  PERMITTED  IN LAW, NO PERSON, OTHER THAN A
MEMBER OF A FEDERAL, STATE OR MUNICIPAL LAW ENFORCEMENT  AGENCY  AUTHOR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00227-02-2
A. 4619--A                          2

IZED  TO  CARRY  A CONCEALED FIREARM, SHALL INTRODUCE OR POSSESS, EITHER
UPON HIS OR HER PERSON OR WITHIN A VEHICLE OR OTHER  PLACE  OF  STORAGE,
ANY  CONCEALED  FIREARM IN ANY NATIONAL PARK OR NATIONAL WILDLIFE REFUGE
SYSTEM.
  2. THE PROHIBITION IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
  (A) TO THE EXTENT THE FIREARM IS USED IN CONNECTION WITH HUNTING WHERE
AUTHORIZED BY STATE AND FEDERAL LAW; AND
  (B) TO PRIVATELY OWNED RESIDENCES WITHIN ANY NATIONAL PARK OR NATIONAL
WILDLIFE REFUGE SYSTEM.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.