Prohibits the possession of concealed firearms in any national park or national wildlife refuge system; imposes a civil penalty of not more than $1,000 for a violation thereof.
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF THE BILL: To prohibit the possession of concealed firearms in any park, campground or other recreation area.
SUMMARY OF PROVISIONS: The parks, recreation and historical preservation law is amended by adding a new section 13.32 which will enact the prohibition of concealed firearms in parks, campgrounds and other public recreation areas. 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, shall introduce or possess, either upon his or her person or within a vehicle or other place of storage, any concealed firearm in any federal, state or municipal park, campground or other publicly dedicated recreation area.
The prohibition in subdivision one of this section shall not apply: to any campground under jurisdiction of the department of environmental conservation only during the spring and fall hunting seasons; and to any person employed by a private security firm which has contracted with the public agency having jurisdiction over the park, campground or public recreation area for services on the property under the jurisdiction, custody and control of such public agency who shall be permitted, with the approval of such public agency, to carry or possess a concealed firearm supplied by his/her employer in the course of his/her employment on such property, provided that such person is licensed pursuant to section 400.00 of the penal law and meets such minimum qualifications as may be established by such public agency. In addition, any firm providing security services on park land, campgrounds or other publicly dedicated recreation area lands shall provide public liability insurance, naming the appropriate federal government, state or municipal agency as an insured party, in such amounts as the public agency with jurisdiction shall require.
A violation of the provisions of this section shall be subject to a civil penalty not to exceed one thousand dollars.
JUSTIFICATION: A new Federal Regulation (36 CFR Part 2 and 50 CFR Part 27) enacted in December, 2008 allows for the carrying of concealed weapons in National Parks and National Wildlife Areas by those licensed to carry such weapons by State law. This new federal regulation creates confusing, burdensome, and unnecessary inconsistencies regarding firearm regulations as it conflicts with current State Park and DEC rules prohibiting the carrying of
concealed firearms. In the interest of public safety and the protection of natural resources, as well as consistency of statute among State, Federal and Municipal parklands, it is necessary to prohibit the possession of concealed firearms in any park, campground or other public recreation area within the State.
LEGISLATIVE HISTORY: 2009-10: A.7183C Reported Referred to Codes 2011-12: S.7441
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1034 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation 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- 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,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00528-01-3 S. 1034 2
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.