Bill S3741-2013

Relates to the minimum distance a firearm may be in the vicinity of school grounds, 1,000 feet

Increase the minimum distance a firearm may be in the vicinity of school grounds to 1,000 feet.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Feb 13, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S3741

TITLE OF BILL: An act to amend the environmental conservation law and the penal law, in relation to the minimum distance a firearm may be in the vicinity of school grounds

PURPOSE: To dissuade gun violence in and around the perimeter of school dwellings where such practice is unlawful and cause of unnecessary concern for children and families of a proximate school district.

SUMMARY OF PROVISIONS:

Section 1: Amends section 11-0931 of the environmental conversation law to specify the discharging of a firearm or long bow 1,000 feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church.

Section 2: An amendment to section 10.00 of the penal law, to specify the meaning of "school grounds" and correlate the intent of this bill -to discharge a firearm, crossbow or long bow 1,000 feet from a school dwelling - in establishing consistency with this hereby act.

Section 3: Effective date of bill.

EXISTING LAW:

Chapter 483 of the laws of 2010 allowed the legal usage of hunting with crossbows in New York. Previously, it was only allowed for and limited for usage by physically disabled individuals. Regarding the distance where a firearm, crossbow or long bow must be discharged when in the vicinity of a school ground dwelling, it was and has been stated as 500 feet. Chapter 483 of the laws of 2010 did not seek to change the distance.

JUSTIFICATION:

The federal Gun Free School Zones Act requires firearms to be discharged within a distance of 1,000 feet from the grounds of a public, parochial or private school. This act, nor the federal Gun Free School Zones Act, does not impede an individual to possess a firearm contingent on qualifying for such license and bearing said license when asked. To establish consistency with federal guidelines, and to protect our children at any measure from gun violence, it is commendable and required of that the law is changed by passage of this legislative intent to change the current distance of 500, feet to 1,000 feet.

LEGISLATIVE HISTORY:

2012: S. 6433 - Referred to Environmental Conservation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Shall take effect on the sixtieth day after it becomes law, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 3741 2013-2014 Regular Sessions IN SENATE February 13, 2013 ___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the penal law, in relation to the minimum distance a firearm may be in the vicinity of school grounds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 2 of paragraph a of subdivision 4 of section 11-0931 of the environmental conservation law is amended to read as follows: (2) discharge a firearm or long bow within [five hundred] ONE THOUSAND feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied facto- ry or church; S 2. Section 10.00 of the penal law is amended by adding a new subdi- vision 22 to read as follows: 22. "SCHOOL GROUNDS" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUC- TURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHI- AL, INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED AUTOMOBILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS, PLAYGROUNDS, STORES AND RESTAU- RANTS. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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